1

JHARKAHAND URJA SANCHARAN NIGAM LIMITED

Request for Bids
Design, Engineering, Supply, Installation, Testing &
Commissioning of 220/132 kV Grid Substations at Jadugoda
and additional 132 kV Bays at Dhalbhumgarh GSS along
with Dismantalling Works.
(Jharkhand Power System Improvement Project)
RFB No. JPSIP/2024/SS/10A
NIT NO. 708/PR/JUSNL/2023-24

Volume I
National Open Competitive Procurement
(Two envelope Bidding Process with e-Procurement)

OFFICE:
General Manager; Contracts and Materials
(Multi Lateral Funding Project),
JUSNL Building, Kusai Colony, Doranda,
Ranchi – 834 002 (Jharkhand)
PHONE: 0651-2490118 (E-mail: piujusnl@gmail.com)
Visit us on: www.jharkhandtenders.gov.in
 JHARKHAND URJA SANCHARAN NIGAM LIMITED,
GOVERNMENT OF JHARKHAND UNDERTAKING
OFFICE:
General Manager; Contracts and Materials (Multi Lateral Funding Project),
JUSNL Building, Kusai Colony, Doranda, Ranchi – 834 002 (Jharkhand)
(E-mail: piujusnl@gmail.com)
Visit us on: www.jharkhandtenders.gov.in

PROJECT - JHARKHAND POWER SYSTEM IMPROVEMENT PROJECT

WORLD BANK FUNDED
National Open Competitive Procurement
(TWO-ENVELOPE BIDDING PROCESS WITH E-PROCUREMENT)
RFB No. JPSIP/2024/SS/10A

Jharkhand Urja Sancharan Nigam Limited invites Bids (to be submitted in the e-Procurement
Portal) for the following works:

Package 10A – Design, Engineering, Supply, Installation, Testing & Commissioning of 220/132
kV Grid Substations at Jadugoda and additional 132 kV Bays at
Dhalbhumgarh GSS alongwith Dismantalling Works.
Detailed Invitation of Bids which includes instruction for submission of Bids and all other
relevant information is available on http://jharkhandtenders.gov.in (JUSNL NIT No.
708/PR/JUSNL/2023-24 ). Bidding Documents are also available online.

Bid Documents are available online from 12.03.2024 to 11.04.2024 . Deadline for
submission of Bids is 11.04.2024 at 16.00 hours. Pre Bid meeting will be held on 19.03.2024
at 12.30 hours. The Technical part of Bids will be opened on 12.04.2024 at 16.30 hours. The
firms that technically qualify will informed for date of opening for financial part of Bid.

Bidders are advised to note the minimum qualification criteria specified in bidding document.
Interested bidders may participate in the bidding process as per instruction given in the
bidding document.

OFFICER INVITING BIDS : General Manager; Contracts and Materials,

(Multi Lateral Funding Project), JUSNL
 VOLUME I: Commercial Documents

Part - I
Section 1 : Instructions To Bidders
Section 2 : Bid Data Sheets
Section 3 : Evaluation And Qualification Criteria
Section 4 : Bidding Forms
Section 5 : Eligible Countries
Section 6 : Fraud And Corruption
Part-II
Section 7 : Employer’s Requirements
Part – III
Section 8 : General Conditions Of Contract
Section 9 : Particular Conditions Of Contract
Section 10 : Contract Forms
Section 11 : Price Schedules

VOLUME II: Technical Specifications for Substation

Chapter 1 : General Technical Requirements
Chapter 2 : Transformers
Chapter 3 : Circuit Breaker
Chapter 4 : Isolators
Chapter 5 : Instrument Transformers
Chapter 6 : Surge Arrester
Chapter 7 : Reactor
Chapter 8 : LT Switchgear
Chapter 9 : LT Transformer
Chapter 10 : Battery & Battery Charger
Chapter 11 : Diesel Generator (DG) Set
Chapter 12 : Lighting System
Chapter 13 : Power And Control Cable
Chapter 14 : Control And Relay Panel
Chapter 15 : Substation Automation System
Chapter 16 : Power Line Carrier Communication (PLCC)
Chapter 17 : Fibre Optic Terminal Equipment (FOTE)
Chapter 18 : Switchyard Erection
Chapter 19 : Civil Works
Chapter 20 : Structures
Chapter 21 : Fire Protection System
Chapter 22 : Air Conditioning System
Chapter 23 : Visual Monitoring System
Chapter 24 : Remote Fault Analysis System (RFAS)
Chapter 25 : Testing And Maintenance Equipment
 JHARKHAND URJA SANCHARAN NIGAM LIMITED
(CIN No.:U40108JH2013SGC001704)
Regd. Office: JUSNL Building, Kusai Colony, Doranda, Ranchi – 834002
(E-mail:piujusnl@gmail.com)

GOVERNMENT OF JHARKHAND
PROJECT - JHARKHAND POWER SYSTEM IMPROVEMENT PROJECT

National Open Competitive Procurement

(Two-Envelope Bidding Process with e-Procurement)

e-TENDER NOTICE
NIT No. –708/PR/ JUSNL/ 2023-24
E-tender in two parts i.e. Technical (Part-I) and Financial (Part – II) is invited
from reputed, capable, experienced and financially sound firm for the following works:
Name of work Design, Engineering, Supply, Installation, Testing &
Commissioning of 220/132 kV Grid Substations at
Jadugoda and additional 132 kV Bays at Dhalbhumgarh
GSS alongwith Dismantalling Works
Estimated cost (Rs.) Rs. 111,19,22,050/- (including GST)
Earnest Money Deposit Rs. 1,11,19,220/-On line mode
Completion Period 02 (Two) Years
e-Tender fee Rs. 25,000.00 + 18% GST On line mode.
Start Date & Time of Download 12.03.2024 at 6:00 PM
the Tender Documents
Date & Address of Pre-Bid 19.03.2024 at 12.30 PM in the office chamber of
undersigned.
meeting
Start Date and time of upload of 12.03.2024 at 6:30 PM
BID
End date and time of upload of 11.04.2024 upto 04:00 PM
BID
BID Opening date for technical 12.04.2024 at 04:30 PM
part
BID Opening date for price part The firms that qualify technically shall be notified
subsequently for opening of the financial part of their bids
Procurement Officer and address General Manager, C&M (MLFP), 2nd Floor, JUSNL (SLDC)
for communication Building, Kusai Colony, Doranda, Ranchi – 834002
1. e-Tender document and BOQ including terms & conditions, tender specification can
be downloaded from website https://jharkhandtenders.gov.in/ www.jusnl.in. Any
details required in this regard can also be had from the office of the undersigned
(9430090855) during office hours.
3. The bids will be received through electronic tendering mode only.
4. No claim shall be entertained on account of disruption of internet services being used by
bidders. Bidders are advised to upload their bids well in advance to avoid last minute
technical snag.
5. A complete set of bidding documents may be downloaded by any interested bidder
from website https://jharkhandtenders.gov.in. Interested bidders have to necessarily
register themselves on https://jharkhandtenders.gov.in to participate in the bidding
under this NIT. It shall be the sole responsibility of the interested bidders to get
themselves registered at the aforesaid website and apprise themselves adequately
regarding all the relevant procedures and provisions related to uploading of the bids
on the aforesaid website.
6. Bidder shall deposit online Tender fee amounting to Rs. 25,000.00 + 18% GST as per
e-tendering portal.
7. Bidder shall deposit online EMD amounting to Rs. 1,11,19,220/- as per e-tendering
portal.
8. The detailed Qualifying Requirements (QR) are given in the bidding document.
9. JUSNL reserves the right to accept or reject any bid partly or fully or cancel the
bidding without assigning any reasons thereof and in such case no bidder/ intending
bidder shall have any claim arising out of such action.
10. Address for Communication:
General Manager, Contract & Materials (Multilateral Funded Project), SLDC
Building, Kusai Colony, Doranda, Ranchi – 834002
Mobile No. – 9430090855.
Note: Bidders are requested to upload good quality scanned bid,
uploaded bid should be easily readable to everyone. Poor quality
scanned bid may cause rejection
REQUEST FOR BIDS
(RFB)
 GOVERNMENT OF JHARKHAND
JHARKHAND POWER SYSTEM IMPROVEMENT PROJECT

REQUEST FOR BIDS (RFB)

E-Procurement Notice

National Open Competitive Procurement

(Two-Envelope Bidding Process with e-Procurement)

Design, Engineering, Supply, Installation, Testing & Commissioning of 220/132 kV Grid Substations
at Jadugoda and additional 132 kV Bays at Dhalbhumgarh GSS alongwith Dismantalling Works.
Employer: JHARKHAND URJA SANCHARAN NIGAM LIMITED (JUSNL)
Contract title: Design, Engineering, Supply, Installation, Testing & Commissioning of 220/132
kV Grid Substations at Jadugoda and additional 132 kV Bays at Dhalbhumgarh GSS alongwith
Dismantalling Works.

Loan No. : 8908-IN

RFB No: JPSIP/2024/SS/10A

1. The Government of India has applied for financing from the World Bank toward the cost of the
Jharkhand Power System Improvement Project, and intends to apply part of the proceeds
toward payments under the Contract for Design, Engineering, Supply, Installation, Testing &
Commissioning of 220/132 kV Grid Substations at Jadugoda and additional 132 kV Bays at
Dhalbhumgarh GSS alongwith Dismantalling Works..
2. The Jharkhand Urja Sancharan Nigam Limited (JUSNL) now invites online Bids from eligible
Bidders for Design, Engineering, Supply, Installation, Testing & Commissioning of 220/132
kV Grid Substations at Jadugoda and additional 132 kV Bays at Dhalbhumgarh GSS
alongwith Dismantalling Works including all associated civil works, Control Rooms and
buildings, Staff quarters/buildings, boundaries, roads and other miscellaneous works as per
specification and drawings. Bidders are advised to note the clauses on eligibility (Section I
Clause 4) and minimum qualification criteria (Section III – Evaluation and Qualification
Criteria), to qualify for the award of the contract. In addition, please refer to paragraphs 3.14 and
3.15 of the “Procurement Regulations” setting forth the World Bank’s policy on conflict of
interest.

3. Bidding will be conducted through national competitive procurement using a Request for Bids
(RFB) as specified in the World Bank’s “Procurement Regulations for IPF Borrowers, July
2016 (“Procurement Regulations”), and is open to all eligible Bidders as defined in the
Procurement Regulations.
4. The bidding document is available online on https://jharkhandtenders.gov.in for a non-
refundable fee as indicated in the table. The payment is to be made through online as prescribed
in the tender portal. Bidders will be required to register on the website. The bidders would be
responsible for ensuring that any addenda available on the website is also downloaded and
incorporated.
.
5. For submission of the bid, the bidder is required to have Digital Signature Certificate (DSC)
from one of the Certifying Authorities authorized by Government of India for issuing DSC.
(Bidders can see the list of licensed CA’s from the link www.cca.gov.in). Aspiring bidders who
have not obtained the user ID and password for participating in e-procurement in this Project,
may obtain the same from the website: https://jharkhandtenders.gov.in .
6. Bids must be submitted online on https://jharkhandtenders.gov.in on or before 11.04.2024 at
16.00 hours and the ‘Technical Part’ of the bids will be opened online on the 12.04.2024 at
16.30. hours. The “Financial Part” shall remain unopened in the e-procurement system until the
second public Bid opening for the financial part. Any bid or modifications to bid (including
discount) received outside e-procurement system will not be considered. If the office happens to
be closed on the date of opening of the bids as specified, the bids will be opened on the next
working day at the same time. The electronic bidding system would not allow any late
submission of bids.
7. All Bids must be accompanied by a bid security of the amount specified for the contract in the
table below, drawn in favour of JUSNL Bid security will have to be in any one of the forms as
specified in the bidding document and shall have to be valid for 45 days beyond the validity of
the bid.
8. A pre-bid meeting will be held on 19.03.2024 at 12.30. hrs. at the office of General Manager;
Contracts and Materials (MLFP), JUSNL to clarify the issues and to answer questions on any
matter that may be raised at that stage as stated in ITB Clause 7.4 of ‘Instructions to Bidders’ of
the bidding document. Bidders are advised to download the bidding document prior to the pre-
bid meeting in order for bidders to have a good understanding of the scope of the requirements
under this contract for discussion and clarification at the pre-bid meeting.
9. Other details can be seen in the bidding documents. The Employer shall not be held liable for
any delays due to system failure beyond its control. Even though the system will attempt to
notify the bidders of any bid updates, the Employer shall not be liable for any information not
received by the bidder. It is the bidders’ responsibility to verify the website for the latest
information related to this bid.
10. Details of the Plants requirements are shown in the table below:

Bid Security*
Cost of Period of
RFB No Contract Title (Rs.) Document Completion
(Rs.)
1 2 3 4 5
JPSIP/2024/SS/10A Design, Engineering, Rs. Rs.25,000.00 24 months
Supply, Installation, Testing 1,11,19,220/- + Applicable
& Commissioning of Tax
220/132 kV Grid Substations
at Jadugoda and additional
132 kV Bays at
Dhalbhumgarh GSS
alongwith Dismantalling
Works.
11. The address referred to above is:

OFFICE:
General Manager; Contracts and Materials (MLFP),
JUSNL Building, Kusai Colony, Doranda,
Ranchi – 834 002 (Jharkhand)
(E-mail: piujusnl@gmail.com)
Visit us on: www.jharkhandtenders.gov.in
 Table of Contents

PART 1 – Bidding Procedures ........................................................................................13

Section I - Instructions to Bidders .....................................................................................15
Section II - Bid Data Sheet ................................................................................................45
Section III - Evaluation and Qualification Criteria ............................................................58
Section IV - Bidding Forms ...............................................................................................77
Section V - Eligible Countries .........................................................................................120
Section VI - Fraud and Corruption ..................................................................................121
PART 2 - Employer’s Requirements............................................................................123
Section VII - Employer’s Requirements ..........................................................................125
PART 3 – Conditions of Contract and Contract Forms ............................................159
Section VIII - General Conditions of Contract ................................................................161
Section IX - Particular Conditions of Contract ................................................................245
7. Environment and Social Management Plan Table ..................................................267
Section X - Contract Forms .............................................................................................275
Section XI – Price Schedule ............................................................................................314
 13

PART 1 – Bidding Procedures

Section I – Instructions to Bidders (ITB) 15

Section I - Instructions to Bidders

Contents
A. General ................................................................................................................................... 17
1. Scope of Bid ......................................................................................................................... 17
2. Source of Funds.................................................................................................................... 17
3. Fraud and Corruption ........................................................................................................... 17
4. Eligible Bidders .................................................................................................................... 18
5. Eligible Plant and Installation Services................................................................................ 20
B. Contents of Bidding Document ............................................................................................ 20
6. Sections of Bidding Document ........................................................................................... 20
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ........................................ 21
8. Amendment of Bidding Document ...................................................................................... 22
C. Preparation of Bids ............................................................................................................... 22
9. Cost of Bidding .................................................................................................................... 22
10. Language of Bid ................................................................................................................... 22
11. Documents Comprising the Bid ........................................................................................... 23
12. Process of Bid Submission ................................................................................................... 24
13. Alternative Bids ................................................................................................................... 25
14. Documents Establishing the Eligibility of the Plant and Installation Services .................... 25
15. Documents Establishing the Eligibility and Qualifications of the Bidder ........................... 25
16. Documents Establishing the Conformity of the Plant and Installation Services ................. 26
17. Bid Prices and Discounts ..................................................................................................... 26
18. Currencies of Bid and Payment ............................................................................................ 29
19. Period of Validity of Bids .................................................................................................... 29
20. Bid Security.......................................................................................................................... 30
21. Format and Signing of Bid ................................................................................................... 31
D. Online Submission and Opening of Bids ............................................................................. 31
22. Preparation of Bids ............................................................................................................... 31
23. Deadline for Submission of Bids ......................................................................................... 32
24. Late Bids .............................................................................................................................. 32
25. Withdrawal, Substitution, and Modification of Bids ........................................................... 32
26. Public Opening of Technical Parts of Bids .......................................................................... 33
Section I – Instructions to Bidders (ITB) 16

F. Evaluation of Bids – General Provisions ............................................................................. 33

27. Confidentiality...................................................................................................................... 33
28. Clarification of Bids ............................................................................................................. 34
29. Deviations, Reservations, and Omissions ............................................................................ 34
30. Nonmaterial Nonconformities .............................................................................................. 34
31. Evaluation of Technical Parts of Bids .................................................................................. 34
32. Determination of Responsiveness ....................................................................................... 35
33. Qualification of the Bidder................................................................................................... 36
34. Public Opening of Financial Parts........................................................................................ 36
35. Evaluation of Financial Parts ............................................................................................... 37
36. Correction of Arithmetical Errors ........................................................................................ 38
37. Conversion to Single Currency ............................................................................................ 38
38. Margin of Preference............................................................................................................ 38
39. Comparison of Financial Parts ............................................................................................. 38
40. Abnormally Low Bids .......................................................................................................... 38
41. Unbalanced or Front Loaded Bids ....................................................................................... 38
42. Most Advantageous Bid ....................................................................................................... 39
43. Employer’s right to Accept Any Bid and to Reject Any or All Bids ................................... 39
44. Standstill Period ................................................................................................................... 39
45. Notice of Intention to Award ............................................................................................... 40
J. Award of Contract................................................................................................................. 40
46. Award Criteria ...................................................................................................................... 40
47. Notification of Award .......................................................................................................... 40
48. Debriefing by the Employer ................................................................................................. 41
49. Signing of Contract .............................................................................................................. 42
50. Performance Security ........................................................................................................... 42
51. Adjudicator........................................................................................................................... 42

RFB JPSIP/2024/SS/10A
Section I – Instructions to Bidders (ITB) 17

Section I - Instructions to Bidders

A. General

1. Scope of Bid 1.1 In connection with the Specific Procurement Notice - Request for Bids
(RFB), specified in the Bid Data Sheet (BDS), the Employer, as
specified in the BDS, issues this bidding document for the Design,
Engineering, Supply, Installation and Commissioning of Plant as
specified in Section VII, Employer’s Requirements. The name,
identification and number of lots (contracts) of this RFB are specified
in the BDS.

1.2 Throughout this bidding document:

(a) the term “in writing” means communicated in written form (e.g.
by mail, e-mail, fax, including if specified in the BDS,
distributed or received through the electronic-procurement
system used by the Employer) with proof of receipt;

(b) if the context so requires, “singular” means “plural” and vice

versa; and

(c) “Day” means calendar day, unless otherwise specified as

“Business Day.” A Business Day is any day that is an official
working day of the Borrower. It excludes the Borrower’s official
public holidays.

2. Source of Funds 2.1 The Government of India (hereinafter called “Borrower”) indicated in
the BDS has applied for financing (hereinafter called “funds”) from
the World Bank (hereinafter called “the Bank”) in an amount specified
in BDS, toward the project named in BDS. The Borrower intends to
apply a portion of the funds to eligible payments under the contract(s)
for which this bidding document is issued.

2.2 Payment by the Bank will be made only at the request of the Borrower
and upon approval by the Bank in accordance with the terms and
conditions of the Loan (or other financing) Agreement. The Loan (or
other financing) Agreement prohibits a withdrawal from the loan
account for the purpose of any payment to persons or entities, or for
any import of goods, equipment, plant, or materials, if such payment or
import is prohibited by a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations.
No party other than the Borrower shall derive any rights from the Loan
(or other financing) Agreement or have any claim to the proceeds of
the Loan (or other financing).

3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as set
forth in the WBG’s Sanctions Framework, as set forth in Section VI.

RFB JPSIP/2024/SS/10A
Section I – Instructions to Bidders (ITB) 18

3.2 In further pursuance of this policy, bidders shall permit and shall cause
their agents (whether declared or not), subcontractors, sub-consultants,
service providers, suppliers, and their personnel, to permit the Bank to
inspect all accounts, records and other documents relating to any initial
selection process, prequalification process, bid submission, proposal
submission and contract performance (in the case of award), and to
have them audited by auditors appointed by the Bank.

4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, a state-owned
enterprise or institution subject to ITB 4.6, or any combination of such
entities in the form of a joint venture (JV), unless otherwise specified
in the BDS, under an existing agreement or with the intent to enter into
such an agreement supported by a letter of intent. In the case of a joint
venture when permitted, all members shall be jointly and severally
liable for the execution of the entire Contract in accordance with the
Contract terms. The JV shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of any and all
the members of the JV during the Bidding process and, in the event the
JV is awarded the Contract, during contract execution. The joint
venture agreement should be registered in the place specified in BDS
so as to be legally valid and binding on partners. Unless specified in
the BDS, there is no limit on the number of members in a JV.

4.2 A Bidder shall not have a conflict of interest. Any Bidder found to
have a conflict of interest shall be disqualified. A Bidder may be
considered to have a conflict of interest for the purpose of this Bidding
process, if the Bidder:

(a) directly or indirectly controls, is controlled by or is under

common control with another Bidder; or

(b) receives or has received any direct or indirect subsidy from

another Bidder; or

(c) has the same legal representative as another Bidder; or

(d) has a relationship with another Bidder, directly or through

common third parties, that puts it in a position to influence the
Bid of another Bidder, or influence the decisions of the
Employer regarding this Bidding process; or

(e) any of its affiliates participated as a consultant in the preparation

of the design or technical specifications of the Plant and
Installation Services that are the subject of the Bid; or

(f) any of its affiliates has been hired (or is proposed to be hired) by
the Employer or Borrower as Project Manager for the Contract
implementation; or

(g) would be providing goods, works, or non-consulting services

resulting from or directly related to consulting services for the
preparation or implementation of the project specified in the
BDS ITB 2.1 that it provided or were provided by any affiliate

RFB JPSIP/2024/SS/10A
Section I – Instructions to Bidders (ITB) 19

that directly or indirectly controls, is controlled by, or is under

common control with that firm; or

(h) has a close business or family relationship with a professional

staff of the Borrower (or of the project implementing agency, or
of a recipient of a part of the loan) who: (i) are directly or
indirectly involved in the preparation of the bidding document or
specifications of the Contract, and/or the Bid evaluation process
of such Contract; or (ii) would be involved in the
implementation or supervision of such contract unless the
conflict stemming from such relationship has been resolved in a
manner acceptable to the Bank throughout the Bidding process
and execution of the Contract.

4.3 A firm that is a Bidder (either individually or as a JV member) shall

not participate as a Bidder or as JV member in more than one Bid
except for permitted alternative Bids. This includes participation as a
Subcontractor in other Bids. Such participation shall result in the
disqualification of all Bids in which the firm is involved. A firm that is
not a Bidder or a JV member may participate as a subcontractor in
more than one Bid.

4.4 A Bidder may have the nationality of any country, subject to the
restrictions pursuant to ITB 4.8. A Bidder shall be deemed to have the
nationality of a country if the Bidder is constituted, incorporated or
registered in and operates in conformity with the provisions of the laws
of that country, as evidenced by its articles of incorporation (or
equivalent documents of constitution or association) and its registration
documents, as the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or sub-
consultants for any part of the Contract including related Services.

4.5 A Bidder that has been sanctioned by the Bank, pursuant to the Bank’s
Anti-Corruption Guidelines, in accordance with its prevailing sanctions
policies and procedures as set forth in the WBG’s Sanctions
Framework as described in Section VI paragraph 2.2 d., shall be
ineligible to be prequalified for, initially selected for, bid for, propose
for, or be awarded a Bank-financed contract or benefit from a Bank-
financed contract, financially or otherwise, during such period of time
as the Bank shall have determined. The list of debarred firms and
individuals is available at the electronic address specified in the BDS.

4.6 Bidders that are state-owned enterprises or institutions in the

Employer’s Country may be eligible to compete and be awarded a
Contract(s) only if they can establish, in a manner acceptable to the
Bank, that they (i) are legally and financially autonomous (ii) operate
under commercial law, and (iii) are not under supervision of the
Employer.

4.7 Not used.

4.8 Firms and individuals may be ineligible if so indicated in Section V

RFB JPSIP/2024/SS/10A
Section I – Instructions to Bidders (ITB) 20

and (a) as a matter of law or official regulations, the Borrower’s

country prohibits commercial relations with that country, provided that
the Bank is satisfied that such exclusion does not preclude effective
competition for the supply of goods or the contracting of works or
services required; or (b) by an act of compliance with a decision of the
United Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrower’s country prohibits any
import of goods or contracting of works or services from that country,
or any payments to any country, person, or entity in that country.
Where the procurement is implemented across jurisdictional
boundaries (and more than one country is a Borrower, and is involved
in the procurement), then exclusion of a firm or individual on the basis
of ITB 4.8 (a) above by any country may be applied to that
procurement across other countries involved, if the Bank and the
Borrowers involved in the procurement agree.

4.9 A Bidder shall provide such documentary evidence of eligibility

satisfactory to the Employer, as the Employer shall reasonably request.

4.10 Not used.

5. Eligible Plant and 5.1 The Plant and Installation Services to be supplied under the Contract
Installation and financed by the Bank may have their origin in any country in
Services accordance with Section V, Eligible Countries.

5.2 For purposes of ITB 5.1 above, “origin” means the place where the
plant, or component parts thereof are mined, grown, produced or
manufactured, and from which the services are provided. Plant
components are produced when, through manufacturing, processing, or
substantial or major assembling of components, a commercially
recognized product results that is substantially different in its basic
characteristics or in purpose or utility from its components.

B. Contents of Bidding Document

6. Sections of 6.1 The bidding document Volume-I consists of Parts 1, 2, and 3, which
Bidding include all the sections indicated below, and should be read in
Document conjunction with any Addenda issued in accordance with ITB 8.

PART 1. Bidding Procedures

 Section I - Instructions to Bidders (ITB)
 Section II - Bid Data Sheet (BDS)
 Section III - Evaluation and Qualification Criteria
 Section IV - Bidding Forms
 Section V - Eligible Countries

RFB JPSIP/2024/SS/10A
Section I – Instructions to Bidders (ITB) 21

 Section VI - Fraud and Corruption

PART 2. Employer’s Requirements
 Section VII -Employer’s Requirements
(Detail Technical Specification included in Volume II and Bid
purpose drawings are included in Volume III)
PART 3. Conditions of Contract and Contract Forms
 Section VIII - General Conditions of Contract (GCC)
 Section IX -Particular Conditions of Contract (PCC)
 Section X -Contract Forms
 Section XI –Price Schedules
6.2 The Specific Procurement Notice-Request for Bids (RFB) issued by
the Employer is not part of the bidding document.

6.3 Unless obtained directly from the Employer, the Employer is not
responsible for the completeness of the document, responses to
requests for clarification, the Minutes of the pre-Bid meeting (if any),
or Addenda to the bidding document in accordance with ITB 8. In case
of any contradiction, documents obtained directly from the Employer
shall prevail.

6.4 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the bidding document and to furnish with its Bid all
information or documentation as is required by the bidding document.

7. Clarification of 7.1 The electronic bidding system specified in the BDS provides for
Bidding online clarifications. A Bidder requiring any clarification on the
Document, Site bidding document may notify the Employer online or raise his
Visit, Pre-Bid enquiries during the pre-Bid meeting if provided for in accordance
Meeting with ITB 7.4. Clarifications requested through any other mode shall
not be considered by the Employer. The Employer will respond to any
request for clarification, provided that such request is received prior to
the deadline for submission of Bids within a period specified in the
BDS. Description of clarification sought and the response of the
Employer shall be uploaded for information of all Bidders without
identifying the source of request for clarification. Should the
clarification result in changes to the essential elements of the bidding
document, the Employer shall amend the bidding document following
the procedure under ITB 8 and ITB 23.2.

7.2 The Bidder is advised to visit and examine the site where the plant is to
be installed and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for preparing the
Bid and entering into a Contract for the provision of Plant and
Installation Services. The costs of visiting the site shall be at the
Bidder’s own expense.

7.3 The Bidder and any of its personnel or agents will be granted

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permission by the Employer to enter upon its premises and lands for
the purpose of such visit, but only upon the express condition that the
Bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all liability in
respect thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.

7.4 The Bidder’s designated representative to attend a pre-Bid meeting

and/or a site visit. The purpose of the meeting will be to clarify issues
and to answer questions on any matter that may be raised at that stage.

7.5 The Bidder is requested to submit any questions only through the
procurement portal, not later than one week before the meeting.
Clarifications requested through any other mode shall not be
considered by the Employer.

7.6 Minutes of the pre-Bid meeting, including the text of the questions
raised without identifying the source, and the responses given, together
with any responses prepared after the meeting, will be uploaded online
on e-procurement system. Any modification to the bidding document
that may become necessary as a result of the pre-Bid meeting shall be
made by the Employer exclusively through the issue of an Addendum
pursuant to ITB 8 and not through the minutes of the pre-Bid meeting.
It is the bidder’s responsibility to check on the e-procurement system,
for any addendum/ amendment/ corrigendum to the bidding document.
Nonattendance at the pre-Bid meeting will not be a cause for
disqualification of a Bidder.

8. Amendment of 8.1 At any time prior to the deadline for submission of Bids, the Employer
Bidding may amend the bidding document by issuing addenda. The addendum
Document will appear on the e-procurement system under “Latest Corrigendum”
and email notification is also automatically sent to those bidders who
have started working on the tender, or as otherwise specified in BDS.

8.2 Any addendum thus issued shall be part of the bidding document and
shall be deemed to have been communicated to all bidders.

8.3 To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Employer may, at
its discretion, extend the deadline for the submission of bids, pursuant
to ITB 23.2.

C. Preparation of Bids

9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall not be responsible or
liable for those costs, regardless of the conduct or outcome of the
Bidding process.

10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the
Bid exchanged by the Bidder and the Employer, shall be written in

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English.

11. Documents 11.1 The Bid shall comprise two Parts, namely the Technical Part and the
Comprising the Financial Part. These two Parts shall be submitted simultaneously.
Bid
11.2 The Technical Part shall contain the following:

(a) Letter of Bid - Technical Part prepared in accordance with

ITB12;

(b) Bid Security, in accordance with ITB 20;

(c) Alternative Bid - Technical Part, if permissible, in accordance

with ITB 13;

(d) Authorization: written confirmation authorizing the signatory of

the Bid to commit the Bidder, in accordance with ITB 21.3, and
in accordance with ITB 21.4 in case of a JV;

(e) Eligibility of Plant and Installation Services: documentary

evidence established in accordance with ITB 14.1 that the Plant
and Installation Services offered by the Bidder in its Bid or in
any alternative Bid, if permitted, are eligible;

(f) Bidder’s Eligibility and Qualifications: documentary evidence

in accordance with ITB 15.1 establishing the Bidder’s eligibility
and qualifications to perform the Contract if its Bid is accepted;

(g) Conformity: documentary evidence in accordance to ITB 16

that the Plant and Installation Services offered by the Bidder
conform to the bidding document;

(h) Subcontractors: list of subcontractors in accordance with ITB

16.2;

(i) Bids submitted by a JV (where permitted) shall include a copy of

the Joint Venture Agreement entered into by all members.
Alternatively, a letter of intent to execute a Joint Venture
Agreement in the event of a successful bid shall be signed by all
members and submitted with the Bid, together with a copy of the
proposed Agreement; and

(j) any other document required in the BDS.

11.3 The Financial Part shall contain the following:

(a) Letter of Bid – Financial Part: prepared in accordance with

ITB 12 and ITB 17;

(b) Price Schedules completed online in accordance with ITB 12

and ITB 17;

(c) Alternative Bid - Financial Part: if permissible in accordance

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with ITB 13; and

(d) Any other document required in the BDS.

11.4 The Technical Part shall not include any information related to the Bid
price. Where material financial information related to the Bid price is
contained in the Technical Part the Bid shall be declared non-
responsive

11.5 The Bidder shall furnish in the Letter of Bid – Financial Part
information on commissions and gratuities, if any, paid or to be paid to
agents or any other party relating to this Bid

12. Process of Bid 12.1 The Letter of Bid – technical Part, Letter of Bid – Financial Part and
Submission Price Schedules shall be prepared, using the relevant forms furnished
in Section IV, Bidding Forms. The forms must be completed as
instructed in each form without any alterations to the text, and no
substitutes shall be accepted except as provided under ITB 21.3. All
blank spaces shall be filled in with the information requested.

12.2 Entire Bid including the Letters of Bid and filled-up Price Schedules
shall be submitted online on e-procurement system specified in ITB
7.1. Details and process of online submission of the tender and relevant
documents are given in the website mentioned above. Scanned copies
of documents listed in ITB clauses 11 and 12.3 should also be
uploaded on this website.

12.3 Submission of Original Documents: The bidders are required to

separately submit (i) original demand drafts towards the cost of bid
document and registration on e-procurement website (if not previously
registered) (as per RFB); and (ii) original bid security in approved
form, with the office specified in the BDS, before the opening of the
technical part of the Bid, either by registered/speed post/courier or by
hand, failing which the bids will be declared non-responsive and will
not be opened. Hard copy of rest of the bid or any other document is
not to be submitted.

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13. Alternative Bids 13.1 Unless otherwise specified in the BDS, alternative Bids shall not be
considered.

13.2 When alternatives to the Time Schedule are explicitly invited, a

statement to that effect will be included in the BDS, and the method of
evaluating different time schedules will be described in Section III,
Evaluation and Qualification Criteria.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer
technical alternatives to the Employer’s requirements as described in
the bidding document must also provide: (i) a price at which they are
prepared to offer a Plant meeting the Employer’s requirements; and (ii)
all information necessary for a complete evaluation of the alternatives
by the Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed installation
methodology and other relevant details. Only the technical
alternatives, if any, of the Bidder with the Most Advantageous Bid
conforming to the basic technical requirements shall be considered by
the Employer.

13.4 When Bidders are invited in the BDS to submit alternative technical
solutions for specified parts of the facilities, such parts will be
identified in the BDS, as will the method for their evaluation, and
described in Section VII, Employer’s Requirements.

14. Documents 14.1 To establish the eligibility of the Plant and Installation Services in
Establishing the accordance with ITB 5, Bidders shall complete the country of origin
Eligibility of the declarations in the Price Schedule Forms, included in Section IV,
Plant and Bidding Forms.
Installation
Services

15. Documents 15.1 To establish its eligibility and qualifications to perform the Contract in
Establishing the accordance with Section III, Evaluation and Qualification Criteria, the
Eligibility and Bidder shall provide the information requested in the corresponding
Qualifications of information sheets included in Section IV, Bidding Forms.
the Bidder

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16. Documents 16.1 The Bidder shall furnish the information stipulated in Section IV,
Establishing the Bidding Forms in sufficient detail to demonstrate substantial
Conformity of the responsiveness of the Bidders’ proposal to the work requirements and
Plant and the completion time.
Installation
Services 16.2 For major items of Plant and Installation Services as listed by the
Employer in Section III, Evaluation and Qualification Criteria, which
the Bidder intends to purchase or subcontract, the Bidder shall give
details of the name and nationality of the proposed Subcontractors,
including manufacturers, for each of those items. In addition, the
Bidder shall include in its Bid information establishing compliance
with the requirements specified by the Employer for these items.
Quoted rates and prices will be deemed to apply to whichever
Subcontractor is appointed, and no adjustment of the rates and prices
will be permitted.

16.3 The Bidder shall be responsible for ensuring that any Subcontractor
proposed complies with the requirements of ITB 4, and that any plant,
or services to be provided by the Subcontractor comply with the
requirements of ITB 5 and ITB 15.1.

17. Bid Prices and 17.1 The prices and discounts quoted by the Bidder in the Letter of Bid –
Discounts Financial Part and in the Price Schedules shall conform to the
requirements specified below.

Unless otherwise specified in the BDS, Bidders shall quote for the
entire Plant and Installation Services on a “single responsibility” basis.
The total Bid price shall include all the Contractor’s obligations
mentioned in or to be reasonably inferred from the bidding document
in respect of the design, manufacture, including procurement and
subcontracting (if any), delivery, construction, installation and
completion of the Plant. This includes all requirements under the
Contractor’s responsibilities for testing, pre-commissioning and
commissioning of the plant and, where so required by the bidding
document, the acquisition of all permits, approvals and licenses, etc.;
the operation, maintenance and training services and such other items
and services as specified in the bidding document, all in accordance
with the requirements of the General Conditions. Items against which
no price is entered by the Bidder will not be paid for by the Employer
when executed and shall be deemed to be covered by the prices for
other items. Corrections if any in the bid can be carried out by editing
the information before electronic submission on e-procurement portal.

17.2 Bidders are required to quote the price for the commercial, contractual
and technical obligations outlined in the bidding document.

17.3 Bidders shall give a breakdown of the prices in the manner and detail
called for in the Price Schedules included in Section IV, Bidding

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Forms.

17.4 Depending on the scope of the Contract, the Price Schedules may
comprise up to the six (6) schedules listed below. Separate numbered
Schedules included in Section IV, Bidding Forms, from those
numbered 1 to 4 below, shall be used for each of the elements of the
Plant and Installation Services. The total amount from each Schedule
corresponding to an element of the Plant and Installation Services shall
be summarized in the schedule titled Grand Summary, (Schedule 5),
giving the total Bid price(s) to be entered in the Letter of Bid –
Financial Part. Bidders shall note that the plant and equipment included
in Schedule Nos. 1 and 2 below exclude materials used for civil,
building and other construction works. All such materials shall be
included and priced under Schedule No. 4, Installation Services. The
Schedules comprise:

Schedule No. 1: Plant (including Mandatory Spare Parts) Supplied

from Abroad – Not Used

Schedule No. 2: Plant (including Mandatory Spare Parts)

Schedule No. 3: Design Services

Schedule No. 4: Installation Services

Schedule No. 5: Grand Summary (Schedule Nos.1 to 4)

Schedule No. 6: Recommended Spare Parts

17.5. In the Schedules, Bidders shall give the required details and a
breakdown of their prices as follows:

(a) Plant to be supplied from abroad (Schedule No. 1): Not used.

(b) Plant including Mandatory Spare Parts (Schedule No. 2):

(i) The price of the plant shall be quoted on an EXW

Incoterm basis (such as “ex-works,” “ex-factory,” “ex-
warehouse” or “off-the-shelf,” as applicable);

(ii) GST and all other taxes payable in the Employer’s

Country on the plant if the contract is awarded to the
Bidder; and

(iii) The total price for the item.

(c) Design Services (Schedule No. 3);

(d) Installation Services shall be quoted separately (Schedule No. 4)

and shall include rates or prices for local transportation to named
place of final destination as specified in the BDS, insurance and
other services incidental to delivery of the plant, all labor,
contractor’s equipment, temporary works, materials,
consumables and all matters and things of whatsoever nature,

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including operations and maintenance services, the provision of

operations and maintenance manuals, training, etc., where
identified in the bidding document, as necessary for the proper
execution of the installation and other services, including all
taxes, duties, levies and charges payable in the Employer’s
Country as of twenty-eight (28) days prior to the deadline for
submission of Bids;

(e) Recommended spare parts shall be quoted separately (Schedule

6) as specified in subparagraph (b) above.

17.6 The terms EXW and other similar terms shall be governed by the rules
prescribed in the current edition of Incoterms, published by the
International Chamber of Commerce, as specified in the BDS.

17.7 The prices shall be either fixed or adjustable as specified in the BDS.

17.8 In the case of Fixed Price, prices quoted by the Bidder shall be fixed
during the Bidder’s performance of the contract and not subject to
variation on any account. A Bid submitted with an adjustable price
quotation will be treated as non-responsive and rejected.

17.9 In the case of Adjustable Price, prices quoted by the Bidder shall be
subject to adjustment during performance of the contract to reflect
changes in the cost elements such as labor, material, transport and
contractor’s equipment in accordance with the procedures specified in
the corresponding Appendix to the Contract Agreement. A Bid
submitted with a fixed price quotation will not be rejected, but the
price adjustment will be treated as zero.

17.10 If so indicated in ITB 1.1, Bids are being invited for individual lots
(contracts) or for any combination of lots (packages). Bidders wishing
to offer any price reduction (discount) for the award of more than one
Contract shall specify in their Letter of Bid – Financial Part, the price
reductions applicable to each package, or alternatively, to individual
Contracts within the package, and the manner in which the price
reductions will apply.

17.11 Bidders wishing to offer any unconditional discount shall specify in

their Letter of Bid – Financial Part the offered discounts and the
manner in which price discounts will apply.

17.12 Bidders may like to ascertain availability of tax/duty exemption

benefits available in India to the contracts financed under World Bank
loan/credits. They are solely responsible for obtaining such benefits
which they have considered in their bid and in case of failure to receive
such benefits for reasons whatsoever, the Employer will not
compensate the bidder (contractor). The bidder shall furnish alongwith
his bid a declaration to this effect in the Declaration Format provided
in Section IV of the bidding documents.

Where the bidder has quoted taking into account such benefits, it must
give all information required for issue of certificates in terms of the

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Government of India’s relevant notifications as per form stipulated in

Section IV. In case the bidder has not provided the required
information or has indicated to be furnished later on in the Declaration
Format, the same shall be construed that the goods/construction
equipment for which certificate is required is Nil.

To the extent the Employer determines the quantity indicated therein

are reasonable keeping in view the quantities in bill of quantities,
construction program and methodology, the certificates will be issued
within 60 days of signing of the contract and no subsequent changes
will be permitted. In case of materials pertaining to Variation items and
quantities the certificate shall be issued only on request from the
contractor when in need and duly certified by the Engineer.

No certificate will be issued for items where no quantity/capacity of

equipment is indicated in the statement.

If the bidder has considered the tax/duty exemption for

materials/construction equipment to be bought for the work, the bidder
shall confirm and certify that the Employer will not be required to
undertake any responsibilities of the Government of India Scheme or
the said exemptions being available during the contract execution,
except issuing the required certificate. The bids which do not conform
to the above provisions or any condition by the bidder which makes the
bid subject to availability of tax/duty exemption for
materials/construction equipment or compensation on withdrawal of
any variations to the said exemptions will be treated as non-responsive
and rejected.

Any delay in procurement of the construction

equipment/machinery/goods as a result of the above shall not be a
cause for granting any extension of time.

18. Currencies of Bid 18.1 The Bidder shall quote the rates and prices, and shall be paid for,
and Payment entirely in Indian Rupees (Rs.).

18.2 Deleted.

19. Period of Validity 19.1 Bids shall remain valid for the Bid Validity period specified in the
of Bids BDS. The Bid Validity period starts from the Bid submission deadline
(as prescribed by the Employer in accordance with ITB 23.1). A Bid
valid for a shorter period shall be rejected by the Employer as
nonresponsive.

19.2 In exceptional circumstances, prior to the expiration of the Bid validity

period, the Employer may request Bidders to extend the period of
validity of their Bids. The request and the responses shall be made in
writing. If a Bid Security is requested in accordance with ITB 20, the
Bidder granting the request shall also extend the Bid Security for forty-
five (45) days beyond the deadline of the extended validity period. A
Bidder may refuse the request without forfeiting its Bid Security. A
Bidder granting the request shall not be required or permitted to

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modify its Bid, except as provided in ITB 19.3.

19.3 If the award is delayed by a period exceeding fifty-six (56) days

beyond the expiry of the initial Bid validity period, the Contract price
shall be determined as follows:

(a) in the case of fixed price contracts, the Contract price shall be
the Bid price adjusted by the factor specified in the BDS;

(b) in the case of adjustable price contracts, no adjustment shall be

made;

(c) in any case, Bid evaluation shall be based on the Bid price
without taking into consideration the applicable correction from
those indicated above.

20. Bid Security 20.1 The Bidder shall furnish as part of the Technical Part of its Bid, a Bid
Security as specified in the BDS, in original form and, in the amount
specified in the BDS.

20.2 Not used.

20.3 If a Bid Security is specified pursuant to ITB 20.1, the Bid security
shall be a demand guarantee in any of the following forms at the
Bidder’s option:

(a) an unconditional guarantee issued by a Nationalized or

Scheduled bank in India;

(b) an irrevocable letter of credit issued by a Nationalized or

Scheduled bank located in India;

(c) a cashier’s or certified check or demand draft issued by a

Nationalized or Scheduled bank located in India; or

(d) another security indicated in the BDS,

In the case of a bank guarantee, the Bid Security shall be submitted

using the Bid Security Form included in Section IV, Bidding Forms.
The form must include the complete name of the Bidder. The Bid
Security shall be valid for forty-five (45) days beyond the original
validity period of the Bid, or beyond any period of extension if
requested under ITB 19.2.

20.4 If a Bid Security is specified pursuant to ITB 20.1, any Bid not
accompanied by a substantially responsive Bid Security shall be
rejected by the Employer as nonresponsive.

20.5 If a Bid Security is specified pursuant to ITB 20.1, the Bid Security of
unsuccessful Bidders shall be returned as promptly as possible upon
the successful Bidder’s signing the contract and furnishing the
Performance Security pursuant to ITB 50.

20.6 The Bid Security of the successful Bidder shall be returned as promptly

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as possible once the successful Bidder has signed the Contract and
furnished the required Performance Security.

20.7 The Bid Security may be forfeited:

(a) if a Bidder withdraws its Bid during the period of Bid validity
specified by the Bidder on the Letter of Bid Technical Part and
repeated in Letter of Bid - Financial Part, or any extension
thereto provided by the Bidder in accordance with ITB 19.2; or

(b) if the Bidder does not accept the correction of its Bid Price
pursuant to ITB 36; or

(c) if the successful Bidder fails to:

(i) sign the Contract in accordance with ITB 49; or

(ii) furnish a Performance Security in accordance with ITB 50.

20.8 The Bid Security of a JV where permitted shall be in the name of the
JV that submits the Bid. If the JV has not been legally constituted into
a legally enforceable JV at the time of bidding, the Bid Security shall
be in the names of all future members as named in the letter of intent
referred to in ITB 4.1 and ITB 11.2.

20.9 Not used.

21. Format and 21.1 The Bidder shall prepare the Bid as per details given in ITB 22.
Signing of Bid
21.2 Bidders shall mark as “CONFIDENTIAL” information in their Bids
which is confidential to their business.

21.3 The Bid shall be signed by a person duly authorized to sign on behalf
of the Bidder. This authorization shall consist of a written
confirmation as specified in the BDS and shall be uploaded along with
the Bid.

21.4 In the case that the Bidder is a JV where permitted, the Bid shall be
signed by an authorized representative of the JV on behalf of the JV,
and so as to be legally binding on all the members as evidenced by a
power of attorney signed by their legally authorized representatives.

21.5 Documents establishing authority to sign the bid on behalf of the JV, if
permitted shall be uploaded along with the bid.

D. Online Submission and Opening of Bids

22. Preparation of 22.1 The Bids, both Technical and Financial Parts, shall be submitted online
Bids on the e-procurement system specified in BDS 7.1. Detailed guidelines
for viewing bids and submission of online bids are given on the
website. The Request for Bids under this Project is published on this
website. Any citizen or prospective bidder can logon to this website
and view the Request for Bids and can view the details of works for

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which bids are invited. A prospective bidder can submit its bid online;
however, the bidder is required to have enrolment/registration in the
website, and should have valid Digital Signature Certificate (DSC) in
the form of smart card/e-token obtained from any certifying agency
authorised by the Government of India (for class of DSC specified in
BDS). The bidder should register in the website using the relevant
option available. Then the Digital Signature registration has to be done
with the e-token, after logging into the website. The bidder can then
login the website through the secured login by entering the password of
the e-token & the user id/ password chosen during registration. After
getting the bid schedules, the Bidder should go through them carefully
and submit the specified documents, alongwith the bid, otherwise the
bid will be rejected.

22.2 The completed bid comprising of documents indicated in ITB 12,

should be uploaded on the e-procurement portal along with scanned
copies of requisite certificates as are mentioned in different sections in
the bidding document and scanned copy of the bid security.

22.3 All the documents are required to be signed digitally by the bidder.
After electronic on line bid submission, the system generates a unique
bid identification number which is time stamped as per server time.
This shall be treated as acknowledgement of bid submission.

22.4 Physical, E-mail, Telex, Cable or Facsimile bids will be rejected as

non-responsive.

23. Deadline for 23.1 Bids, both Technical and Financial Parts, must be uploaded online no
Submission of later than the date and time indicated in the BDS.
Bids
23.2 The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the bidding document in accordance
with ITB 8, in which case all rights and obligations of the Employer
and Bidders previously subject to the deadline shall thereafter be
subject to the deadline as extended.

24. Late Bids 24.1 The electronic bidding system would not allow any late submission of
bids after due date & time as per server time.

25. Withdrawal, 25.1 Bidders may modify their bids by using the appropriate option for bid
Substitution, and modification on e-procurement portal, before the deadline for
Modification of submission of bids. For this the bidder need not make any additional
Bids payment towards the cost of bid document. For bid modification and
consequential re-submission, the bidder is not required to withdraw his
bid submitted earlier. The last modified bid submitted by the bidder
within the bid submission time shall be considered as the bid. For this
purpose, modification/withdrawal by other means will not be accepted.
In online system of bid submission, the modification and consequential
re-submission of bids is allowed any number of times. A bidder may
withdraw his bid by using the appropriate option for bid withdrawal,
before the deadline for submission of bids, however, if the bid is
withdrawn, re-submission of the bid is not allowed (or allowed if

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specified in BDS).

25.2 Bids requested to be withdrawn in accordance with ITB 25.1 shall not
be opened.

25.3 No Bid may be withdrawn, substituted, or modified in the interval

between the deadline for submission of Bids and the expiration of the
period of Bid validity specified by the Bidder on the Letter of Bid or
any extension thereof. This will result in the forfeiture of the Bid
Security pursuant to ITB 20.7.

E. Public Opening of Technical Parts of Bids

26. Public Opening of 26.1 The Employer shall publicly open Technical Parts of all Bids received
Technical Parts of by the deadline at the date, time and place specified in the BDS in the
Bids presence of Bidders’ designated representatives and anyone who
choose to attend, and this could also be viewed by the bidders online.
The Financial Parts of the bids shall remain unopened in the e-
procurement system, until the subsequent public opening, following
the evaluation of the Technical Parts of the Bids. In all cases, original
documents submitted as specified in ITB 12.3 shall be first scrutinized,
and Bids that do not comply with the provisions of ITB 12.3 will be
declared non-responsive and will not be opened. Thereafter bidder’s
names, and such other details as the Employer may consider
appropriate shall be notified online as Technical Part bid opening
summary.

In the event of the specified date of bid opening being declared a

holiday for the Employer, the bids will be opened at the appointed time
and location on the next working day.

26.2 The electronic summary of the bid opening will be generated and
uploaded online. The Employer will also prepare minutes of the Bid
opening, including the information disclosed and upload the same for
viewing online. Only Technical Parts of Bids that are opened at Bid
opening shall be considered further for evaluation.

F. Evaluation of Bids – General Provisions

27. Confidentiality 27.1 Information relating to the evaluation of Bids and recommendation of
contract award, shall not be disclosed to Bidders or any other persons
not officially concerned with the Bidding process until information on
Intention to Award the Contract is transmitted to all Bidders in
accordance with ITB 45. In cases where ITB 45 is not applicable, such
information shall not be disclosed until Notification of Award is
transmitted in accordance with ITB 47.

27.2 Any effort by a Bidder to influence the Employer in the evaluation of

the bids or Contract award decisions may result in the rejection of its
Bid.

27.3 Notwithstanding ITB 27.2, from the time of Bid opening to the time of

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Contract Award, if any Bidder wishes to contact the Employer on any

matter related to the Bidding process, it should do so in writing.

28. Clarification of 28.1 To assist in the examination, evaluation, and comparison of the Bids,
Bids and qualification of the Bidders, the Employer may, at its discretion,
ask any Bidder for a clarification of its Bid including breakdown of
unit rates giving a reasonable time for a response. Any clarification
submitted by a Bidder that is not in response to a request by the
Employer shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change in the
prices or substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered by the
Employer in the evaluation of the Bids, in accordance with ITB 36.

28.2 If a Bidder does not provide clarifications of its Bid by the date and
time set in the Employer’s request for clarification, its Bid may be
rejected.

29. Deviations, 29.1 During the evaluation of Bids, the following definitions apply:
Reservations, and
Omissions (a) “Deviation” is a departure from the requirements specified in the
bidding document;

(b) “Reservation” is the setting of limiting conditions or

withholding from complete acceptance of the requirements
specified in the bidding document; and

(c) “Omission” is the failure to submit part or all of the information

or documentation required in the bidding document.

30. Nonmaterial 30.1 Provided that a Bid is substantially responsive, the Employer may
Nonconformities waive any nonconformity in the Bid which do not constitute a material
deviation, reservation or omission.

30.2 Provided that a Bid is substantially responsive, the Employer may

request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price or
substance of the Bid. Failure of the Bidder to comply with the request
may result in the rejection of its Bid.

30.3 Provided that a Bid is substantially responsive, the Employer shall

rectify quantifiable nonmaterial nonconformities related to the Bid
Price. To this effect, the Bid Price shall be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming item
or component in the manner specified in the BDS.

G. Evaluation of Technical Parts of Bids

31. Evaluation of 31.1 The Employer shall use the criteria and methodologies listed in this

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Section I – Instructions to Bidders (ITB) 35

Technical Parts of ITB and Section III, Evaluation and Qualification criteria. No other
Bids evaluation criteria or methodologies shall be permitted.

31.2 Technical Evaluation. The Employer will carry out a detailed

technical evaluation of the Bids not previously rejected to determine
whether the technical aspects are in compliance with the bidding
document. The Bid that does not meet minimum acceptable standards
of completeness, consistency and detail, and the specified minimum (or
maximum, as the case may be) requirements for specified functional
guarantees, will be rejected for non-responsiveness. In order to reach
its determination, the Employer will examine and compare the
technical aspects of the Bids on the basis of the information supplied
by the Bidders, taking into account the following:

(a) overall completeness and compliance with the Employer’s

Requirements; conformity of the Plant and Installation Services
offered with specified performance criteria, including
conformity with the specified minimum (or maximum, as the
case may be) requirement corresponding to each functional
guarantee, as indicated in the Specification and in Section III,
Evaluation and Qualification Criteria; suitability of the Plant and
Installation Services offered in relation to the environmental and
climatic conditions prevailing at the site; and quality, function
and operation of any process control concept included in the
Bid;

(b) type, quantity and long-term availability of mandatory and

recommended spare parts and maintenance services; and

(c) other relevant factors, if any, listed in Section III, Evaluation and
Qualification Criteria.

31.3 Where alternative technical solutions have been allowed in accordance

with ITB 13, and offered by the Bidder, the Employer will make a
similar evaluation of the alternatives. Where alternatives have not been
allowed but have been offered, they shall be ignored.

32. Determination of 32.1 The Employer’s determination of a Bid’s responsiveness is to be based

Responsiveness on the contents of the Bid itself, as defined in ITB11.

32.2 A substantially responsive Bid is one that meets the requirements of

the bidding document without material deviation, reservation, or
omission. A material deviation, reservation, or omission is one that:

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or

performance of the Plant and Installation Services
specified in the Contract; or

(ii) limit in any substantial way, inconsistent with the bidding

document, the Employer’s rights or the Bidder’s

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Section I – Instructions to Bidders (ITB) 36

obligations under the proposed Contract; or

(b) if rectified, would unfairly affect the competitive position of

other Bidders presenting substantially responsive Bids.

32.3 The Employer shall examine the technical aspects of the Bid in
particular, to confirm that all requirements of Section VII, Employer’s
Requirements have been met without any material deviation,
reservation, or omission.

32.4 If a Bid is not substantially responsive to the requirements of the

bidding document, it shall be rejected by the Employer and may not
subsequently be made responsive by correction of the material
deviation, reservation, or omission.

33. Qualification of 33.1 The Employer shall determine to its satisfaction whether the eligible
the Bidder Bidders that have submitted substantially responsive Bid - Technical
Parts meet the qualifying criteria specified in Section III, Evaluation
and Qualification Criteria.

33.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted by the
Bidder, pursuant to ITB 15. The determination shall not take into
consideration the qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, subcontractors (other than
Specialized Subcontractors if permitted in the bidding document), or
any other firm different from the Bidder.

33.3 If a Bidder does not meet the qualifying criteria specified in Section
III, Evaluation and Qualification Criteria, its Bid shall be rejected by
the Employer and may not subsequently be made responsive by
correction of the material deviation, reservation, or omission.

33.4 Only Bids that are both substantially responsive to the bidding
document, and meet all Qualification Criteria shall have the Financial
Parts of their Bids opened at the second public opening.

H. Public Opening of Financial Parts of Bids

34. Public Opening of 34.1 Following the completion of the evaluation of the Technical Parts of the
Financial Parts Bids, and the Bank has issued its no objection (if applicable), the
Employer shall notify in writing those Bidders whose Bids were
considered non-responsive to the bidding document or failed to meet
the Qualification Criteria, advising them of the following information:

(a) the grounds on which their Technical Part of Bid failed to meet the
requirements of the bidding document;

(b) their Financial Part of Bid shall not be opened; and

(c) notify them of the date and time for public opening of Financial

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Section I – Instructions to Bidders (ITB) 37

Parts of the Bids.

34.2 The Employer shall, simultaneously, notify in writing those Bidders

whose Technical Part have been evaluated as substantially responsive
to the bidding document and met all Qualifying Criteria, advising them
of the following information:

(a) their Bid has been evaluated as substantially responsive to the

bidding document and met the Qualification Criteria;

(b) their Financial Part of Bid will be opened at the public opening of
the Financial Parts; and

(c) notify them of the date and time of the second public opening of
the Financial Parts of the Bids, as specified in the BDS.

34.3 The opening date should allow Bidders sufficient time to make
arrangements for attending the opening. The Financial Part of the Bids
shall be opened publicly in the presence of Bidders’ designated
representatives and anyone who chooses to attend, and this could also
be viewed by the bidders online. The bidder’s names, the Bid prices,
the total amount of each bid, per lot (contract) if applicable, including
any discounts, and such other details as the Employer may consider
appropriate, will be notified online by the Employer at the time of bid
opening.

In the event of the specified date of bid opening being declared a

holiday for the Employer, the bids will be opened at the appointed
time and location on the next working day.

34.4 The electronic summary of the bid opening will be generated and
uploaded online. The Employer will also prepare minutes of the Bid
opening, including the information disclosed and upload the same for
viewing online. Only Financial Parts of Bids and discounts that are
opened at Bid opening shall be considered further for evaluation.

I. Evaluation of Financial Parts of Bids

35. Evaluation of 35.1 To evaluate the Financial Part, the Employer shall consider the
Financial Parts following:

(a) the Bid price, excluding Provisional Sums and the provision, if any,
for contingencies in the Price Schedules;

(b) not used;

(c) price adjustment due to discounts offered in accordance with ITB

17.11;

(d) price adjustment due to quantifiable nonmaterial nonconformities in

accordance with ITB 30.3;

(e) not used; and

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Section I – Instructions to Bidders (ITB) 38

(f) the evaluation factors specified in the BDS and in Section III,
Evaluation and Qualification Criteria.

35.2 If price adjustment is allowed in accordance with ITB 17.7, the

estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not
be taken into account in Bid evaluation.

35.3 If this bidding document allows Bidders to quote separate prices for
different lots (contracts), and the award to a single Bidder of multiple
lots (contracts), the methodology to determine the lowest evaluated cost
of the lot (contract) combinations, including any discounts offered in
the Letter of Bid – Financial Part, is specified in Section III, Evaluation
and Qualification Criteria

36. Correction of 36.1 The e-procurement system automatically calculates the total amount
Arithmetical from unit rates and quantities, automatically populates the amount in
Errors words from the amount in figures, and picks up data from one table to
another. Therefore there is no scope of discrepancy and need for
arithmetic correction.

37. Conversion to 37.1 Not used.

Single Currency

38. Margin of 38.1 No margin of domestic preference shall apply.

Preference

39. Comparison of 39.1 The Employer shall compare the evaluated costs of all substantially
Financial Parts responsive Bids established in accordance with ITB 35.1 to determine
the Bid that has the lowest evaluated cost.

40. Abnormally Low 40.1 An Abnormally Low Bid is one where the Bid price, in combination
Bids with other elements of the Bid, appears so low that it raises material
concerns as to the capability of the Bidder to perform the Contract for
the offered Bid Price.

40.2 In the event of identification of a potentially Abnormally Low Bid, the

Employer, unless otherwise specified in the BDS, shall seek written
clarifications from the Bidder, including detailed price analyses of its
Bid price in correlation to the subject matter of the contract, scope,
proposed methodology, schedule, allocation of risks and
responsibilities and any other requirements of the bidding document.

40.3 After evaluation of the price analyses, in the event that the Employer
determines that the Bidder has failed to demonstrate its capability to
deliver the contract for the offered tender price, the Employer shall
reject the Bid.

41. Unbalanced or 41.1 If the Bid that is evaluated as the lowest evaluated cost is, in the
Front Loaded Employer’s opinion, seriously unbalanced or front loaded the Employer
Bids may require the Bidder to provide written clarifications. Clarifications
may include detailed price analyses to demonstrate the consistency of

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Section I – Instructions to Bidders (ITB) 39

the Bid prices with the scope of works, proposed methodology, schedule
and any other requirements of the bidding document.

41.2 After the evaluation of the information and detailed price analyses
presented by the Bidder, the Employer may:

(a) accept the Bid without any additional Performance Security;

or

(b) require that the total amount of the Performance Security be

increased, at the expense of the Bidder, to a level sufficient
to protect the Employer against financial loss in the event of
default of the successful Bidder under the Contract; or

(c) reject the Bid, if the risk cannot be mitigated through

additional performance security.

42. Most 42.1 Having compared the evaluated costs of Bids, the Employer shall
Advantageous Bid determine the Most Advantageous Bid. The Most Advantageous Bid is
the Bid of the Bidder that meets the Qualification Criteria and whose Bid
has been determined to be:

(a) substantially responsive to the bidding document; and

(b) the lowest evaluated cost.

42.2 The capabilities of the manufacturers and subcontractors proposed in

its Bid to be used by the Bidder with the Most Advantageous Bid for
identified major items of supply or services will also be evaluated for
acceptability in accordance with Section III, Evaluation and
Qualification Criteria. Their participation should be confirmed with a
letter of intent between the parties, as needed. Should a manufacturer
or subcontractor be determined to be unacceptable, the Bid will not be
rejected, but the Bidder will be required to substitute an acceptable
manufacturer or subcontractor without any change to the Bid price.
Prior to signing the Contract, the corresponding Appendix to the
Contract Agreement shall be completed, listing the approved
manufacturers or subcontractors for each item concerned.

43. Employer’s right 43.1 The Employer reserves the right to accept or reject any Bid, and to annul
to Accept Any Bid the Bidding process and reject all Bids at any time prior to Contract
and to Reject Any Award, without thereby incurring any liability to Bidders. In case of
or All Bids annulment, all documents submitted and specifically, Bid securities shall
be promptly returned to the Bidders.

44. Standstill Period 44.1 The Contract shall be awarded not earlier than the expiry of the
Standstill Period. The duration of the Standstill Period is specified in
the BDS. Where only one Bid is submitted, the Standstill Period shall
not apply.

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 Section I – Instructions to Bidders (ITB) 40

45. Notice of 45.1 When a Standstill Period applies, it shall commence when the
Intention to Employer has transmitted to each Bidder (that has not already been
Award notified that it has been unsuccessful) the Notification of Intention to
Award the Contract to the successful Bidder. The Notification of
Intention to Award shall contain, at a minimum, the following
information:
(a) the name and address of the Bidder submitting the successful
Bid;
(b) the Contract price of the successful Bid;
(c) the names of all Bidders who submitted Bids, and their Bid
prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the unsuccessful Bidder
to whom the letter is addressed) was unsuccessful, unless the
price information in (c) above already reveals the reason;
(e) the expiry date of the Standstill Period;
(f) Instructions on how to request a debriefing and/or submit a
complaint during the standstill period

J. Award of Contract

46. Award Criteria 46.1 Subject to ITB 40, the Employer shall award the Contract to the
successful Bidder. This is the Bidder whose Bid has been determined to
be the Most Advantageous Bid. This is the Bid of the Bidder that meets
the qualification criteria and whose Bid has been determined to be:

a) substantially responsive to the bidding document; and

b) the lowest evaluated cost.

47. Notification of 47.1 Prior to the expiration of the Bid Validity Period and upon expiry of
Award the Standstill Period, specified in BDS ITB 44.1 or any extension
thereof, or upon satisfactorily addressing a complaint that has been
filed within the Standstill Period, the Employer shall transmit the
Letter of Acceptance to the successful Bidder. The Letter of
Acceptance shall specify the sum that the Employer will pay the
Contractor in consideration of the execution of the contract
(hereinafter and in the Conditions of Contract and Contract Forms
called “the Contract Price”).

47.2 At the same time, the Employer shall publish the Contract Award
Notice which shall contain, at a minimum, the following
information:
(a) name and address of the Employer;
(b) name and reference number of the contract being awarded,
and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid prices
as read out at Bid opening, and as evaluated;

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Section I – Instructions to Bidders (ITB) 41

(d) names of all Bidders whose Bids were rejected either as

nonresponsive or as not meeting qualification criteria, or
were not evaluated, with the reasons therefor; and
(e) the name of the successful Bidder, the final total contract
price, the contract duration and a summary of its scope.
47.3 The Contract Award Notice shall be published on a National website
or on the Employer’s website with free access if available, or in the
official gazette.
47.4 Until a formal contract is prepared and executed, the Letter of
Acceptance shall constitute a binding Contract

48. Debriefing by the 48.1 On receipt of the Employer’s Notification of Intention to Award
Employer referred to in ITB 45.1, an unsuccessful Bidder has three (3)
Business Days to make a written request to the Employer for a
debriefing. The Employer shall provide a debriefing to all
unsuccessful Bidders whose request is received within this deadline.
48.2 Where a request for debriefing is received within the deadline, the
Employer shall provide a debriefing within five (5) Business Days,
unless the Employer decides, for justifiable reasons, to provide the
debriefing outside this timeframe. In that case, the standstill period
shall automatically be extended until five (5) Business Days after
such debriefing is provided. If more than one debriefing is so
delayed, the standstill period shall not end earlier than five (5)
Business Days after the last debriefing takes place. In any case,
irrespective of the circumstances, all debriefings shall be completed
within 10 business days. The Employer shall promptly inform, by
the quickest means available, all Bidders of the extended standstill
period.
48.3 Where a request for debriefing is received by the Employer later
than the three (3)-Business Day deadline, the Employer should
provide the debriefing as soon as practicable, and normally no later
than fifteen (15) Business Days from the date of publication of
Public Notice of Award of contract. Requests for debriefing received
outside the three (3)-day deadline shall not lead to extension of the
standstill period.
48.4 Debriefings of unsuccessful Bidders may be done in writing or
verbally. The debriefing will cover only the bid of particular bidder
requesting the debriefing, and not the bids of the competitors. The
Bidder shall bear its own costs of attending such a debriefing
meeting.

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Section I – Instructions to Bidders (ITB) 42

49. Signing of 49.1 Promptly upon Notification of Award, the Employer shall prepare the
Contract Contract Agreement, and keep it ready in the office of the Employer
for the signature of the Employer and the successful Bidder, within
28 days following the date of Letter of Acceptance. The Contract
Agreement shall incorporate all agreements between the Employer
and the successful Bidder.

49.2 Within twenty-eight (28) days of receipt of the Letter of Acceptance,

the successful Bidder shall (a) furnish the performance security in
accordance with ITB Clause 50; (b) if the successful bidder is a JV, it
shall also furnish the JV agreement duly signed by all the members, if
it had submitted only a letter of intent to execute the JV agreement
along with the bid; and (c) shall sign, date, and return the Agreement
to the Employer along with the documents stated at (a) and (b) above.

49.3 Not used.

50. Performance 50.1 Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall furnish the
Performance Security in accordance with the General Conditions GCC
13.3, subject to ITB 41, using for that purpose the Performance
Security Form included in Section X, Contract Forms. The
performance security of a Joint Venture shall be in the name of the
Joint Venture specifying the names of all members.

50.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the Bid
Security. In that event the Employer may award the Contract to the
Bidder offering the next Most Advantageous Bid.

50.3 Upon the successful Bidder’s signing the Agreement and furnishing of
the Performance Security pursuant to ITB Clause 50.1, the Employer
shall promptly notify the name of the winning bidder to each
unsuccessful bidder and shall discharge the Bid Securities of the
bidders pursuant to ITB Clause 20.5 and 20.6

51. Adjudicator 51.1 The Employer proposes the person named in the BDS to be appointed
as Adjudicator under the Contract, at the daily fee specified in the
BDS, plus reimbursable expenses (actual boarding, lodging, travel and
other incidental expenses). If the Bidder disagrees with this proposal,
the Bidder should so state in his Bid. If, in the Letter of Acceptance,
the Employer does not agree on the appointment of the Adjudicator,
the Employer will request the Appointing Authority designated in the
Particular Conditions of Contract (PCC) pursuant to Clause 46.1 of the
General Conditions of Contract (GCC), to appoint the Adjudicator.

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Section I – Instructions to Bidders (ITB) 43

52. Procurement 52.1 The procedures for making a Procurement-related Complaint are as
Related specified in the BDS.
Complaint

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Section II – Bid Data Sheet (BDS) 45

Section II - Bid Data Sheet

The following specific data for the Facilities to be procured shall complement, supplement, or amend
the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein
shall prevail over those in ITB.

A. General

ITB 1.1 The reference number of the Request for Bids (RFB) is: RFB/JPSIP/2023/SS/10-A
The Employer is: Jharkhand Urja Sancharan Nigam Limited
The name of the RFB is Design, Engineering, Supply, Installation, Testing &
Commissioning of 220/132 kV Grid Substations at Jadugoda and
additional 132 kV Bays at Dhalbhumgarh GSS alongwith Dismantalling
Works

ITB 1.2 (a) The Employer shall use the e-procurement system specified in BDS 7.1.

ITB 2.1 The Borrower is: Government of India. The sub-Borrower is Government of
Jharkhand-JUSNL
The amount of the financing is: 284 Million USD
The name of the Project is: Jharkhand Power System Improvement Project

ITB 4.1 Bids from Joint ventures are not acceptable.

Maximum number of members in the Joint Venture (JV) shall be: NA
Place where the agreement to form JV to be registered is India: NA
Contract Agreement to be signed in Ranchi, India.

ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external website:
http://www.worldbank.org/debarr.

B. Bidding Document

ITB 7.1 Electronic –Procurement System

The Employer shall use the following electronic-procurement system to manage
this Bidding process:
[https://jharkhandtenders.gov.in]
A complete set of bidding documents may be downloaded by any interested bidder
from website https://jharkhandtenders.gov.in. Interested bidders have to necessarily
register themselves on https://jharkhandtenders.gov.in to participate in the bidding
Section II – Bid Data Sheet (BDS) 46

under this tender. It shall be the sole responsibility of the interested bidders to get
themselves registered at the aforesaid website and apprise themselves adequately
regarding all the relevant procedures and provisions related to uploading of the bids
on the aforesaid website.
Requests for clarification should be received by the Employer no later than: 15
days prior to the deadline for submission of bids.

ITB 7.4 A Pre-Bid meeting shall take place. If a Pre-Bid meeting will take place, it will be
at the following date, time and place:
Date: 19.03.2024
Time: 12.30 hours
Place: General Manager; Contracts and Materials (MLFP), JUSNL Building, Kusai
Colony, Doranda, Ranchi – 834 002 (Jharkhand)
A site visit conducted by the Employer shall not be organized. Bidder to visit site
on their own. JUSNL may provide necessary support to facilitate the same.

ITB 8.1 The addendum will appear on the e-procurement system on the website
(https://jharkhandtenders.gov.in) and email notification is also automatically sent to
those bidders who have started working on this tender.

C. Preparation of Bids

ITB 11.2 (j) The Bidder shall submit the following additional documents in its Bid – Technical
Part:
(i) Bidder to confirm compliance with Technical Specifications Volume-II,
Employer’s Requirement of the Bidding Documents
(ii) Technical & Commercial Deviations
Bidders shall give details of deviations, objections or reservations from the
requirements of the Bidding Documents, that they would like the Employer to
consider pursuant to ITB Clause 25. However, deviations from, objections to or
reservations, if any, about critical provisions such as those concerning GCC
Clauses 5 (Law and Language), 46 (Disputes and Arbitration), 12 (Terms of
Payment), 13.3 (Performance Security), 14 (Taxes and Duties), 26.2 (Completion
Time Guarantee), 27 (Defect Liability), 28 (Functional Guarantees), 29 (Patent
Indemnity), 30 (Limitation of Liability) and Appendix-2 to the Form of Contract
Agreement (Price Adjustment); and related provisions in the Bidding Documents
are not acceptable by the Employer.
.
(iii) Project Schedule
(iv) Guarantee Declaration

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Section II – Bid Data Sheet (BDS) 47

(v) Manufacturer’s Authorization form

(vi) Bill of Quantity (BOQ) (un-priced)

ITB 11.3 (d) The Bidder shall submit the following additional documents in its Bid – Financial
Part: NA

ITB 12 Note for Bidders: Bidders have to submit the bids on the e-procurement portal
along with the relevant required documents. For this purpose, the bidders shall fill
up online, the forms that are available for online filling on the e-portal. The rest of
the forms shall be downloaded by the bidders and filled up. The filled up pages
shall then be scanned and uploaded on the e-procurement portal along with the
scanned copies of the supporting documents.

ITB 12.3 For submission of original documents, the Employer’s address is:
OFFICE:
General Manager; Contracts and Materials (MLFP)
JUSNL Building, Kusai Colony, Doranda,
Ranchi – 834 002 (Jharkhand)

ITB 13.1 Alternative Bids shall not be considered.

ITB 13.2 Alternatives to the Time Schedule shall not be permitted.

ITB 13.4 Alternative technical solutions shall not be permitted.

Bidders are required to submit information pertaining to calculation of Bid
ITB 15
Capacity as part of technical bids, duly certified by chartered accountant. The value
of current commitments/on-going works as denoted by B in the Bid Capacity
formula shall be correctly disclosed by the bidders and any false or incorrect
declaration will result in rejection of bids

ITB 17.1 Bidders shall quote for the entire Works on a “single responsibility” basis such that
the total bid price covers all the Contractor’s obligations mentioned in or to be
reasonably inferred from the bidding documents in respect of the design,
manufacture, including procurement and sub-contracting (if any), packing,
forwarding and transportation, loading / unloading and handling of materials,
delivery, installation, losses and wastages in transit and erection, testing, pre-
commissioning commissioning, completion of the Works and conductance of the
Guarantee tests for the Works including supply of spares (if any). Bidder will take
all the statutory clearances/permits /fulfill all legal requirements for the
performance of contract..

ITB 17.5 (a) Place of destination: At site store for each substation at Jadugoda and additional
and (d) bays at Dhalbhumgarh.
Final destination (Project Site): same as above

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Section II – Bid Data Sheet (BDS) 48

ITB 17.6 The Incoterms edition is: 2010

ITB 17.7 The prices quoted by the bidder shall be FIRM except for supply of power
transformer which shall be variable as per price adjustment formula given in
Appendix-2 Section IX.

ITB 17.12 Not used

ITB 19.1 The bid validity period shall be 180 days after the date of opening of bids
(excluding the date of bid opening).

ITB 19.3 (a) The Bid price shall be adjusted by the factor: NA

ITB 20 Bidder shall deposit the bid security of amount of Rs. 1,11,19,220/- only in
online mode as per rules of e-tendering portal
No any type of offline document like BG/ Scanned copy of BG/ Demand draft
/ Scanned copy of Demand draft will be accepted.
For uploading of bid document, Standard operating procedure circulated vide
memo no. 120 dated 03.10.2023 of IT & e- Governance Deptt., Govt. of
Jharkhand & other applicable rules will be strictly followed

ITB 20.3 (d) Other types of acceptable securities are: None

D. Online Submission and Opening of Bids

ITB 21.3 The written confirmation of authorization to sign on behalf of the Bidder shall
consist of:
(a) Legally valid Power of Attorney is required to demonstrate the authority of the
signatory to sign the Bid ; and
(b) In the case of Bids submitted by an existing or intended JV, if permitted as per
ITB 4.1, the authorization shall be evidenced by a Power of Attorney in favour of
Lead Partner for Joint Venture signed by legally authorized signatories of all the
members (refer Format for Power of Attorney for JVs).”

D. Online Submission and Opening of Bids

ITB 22.1 Class of DSC required is: Class 3

ITB 23.1 The deadline for uploading the Bids is:

Date: 11.04.2024
Time: 16.00 hours

ITB 25.1 Re-submission of the bid is allowed, if withdrawn.

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E. Public Opening of Technical Parts of Bids

ITB 26.1 The online Bid opening of Technical Parts of Bids shall take place on:
Street Address: JUSNL Building, Kusai Colony, Doranda, Ranchi.
Floor/Room number: Conference Room, Ground Floor
City: Ranchi
Country: INDIA
Date :12.04.2024
Time: 16.30hours

F. Evaluation of Bids – General Provisions

ITB 30.3 The adjustment shall be based on the highest price of the item or component as
quoted in other substantially responsive Bids, subject to a maximum of the
estimated price of the item. If the price of the item or component cannot be derived
from the price of other substantially responsive Bids, the Employer shall use its
best estimate.

H. Public Opening of Financial Parts of Bids

ITB 34.2 (c) Following the completion of the evaluation of the Technical Parts of the Bids, the
Employer will notify all Bidders of the location, date and time of the public opening of
Financial Parts.
In addition to the above the Employer shall publish a notice of the public opening of
the Financial Parts of the Bid on its website https://jharkhandtenders.gov.in

I. Evaluation of Financial Parts of Bids

ITB 35.1 (f) The adjustments shall be determined using the following criteria, from amongst
those set out in Section III, Evaluation and Qualification Criteria:
(a) Deviation in Time for Completion: No deviation in time schedule
acceptable;
(b) Life cycle costs: the projected operating and maintenance costs during the
life of the goods or equipment: No
(c) Functional Guarantees of the Facilities: Yes, as per Section III
(d) Work, services, facilities, etc., to be provided by the Employer- Only Sub-
Station land will be provided by JUSNL

ITB 44.1 The Standstill Period is 10 Business Days after the date the Employer has
transmitted to all Bidders that submitted a Bid, the Notification of its Intention to
Award the Contract to the successful Bidder.

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J. Award of Contract

ITB 51 This clause to be replaced by following:

Dispute Board
1. Definitions Each “Dispute Board Agreement” is a tripartite agreement
by and between:

(a) the “Employer”;

(b) the “Contractor”; and

(c) the “Member” who is defined in the Dispute Board

Agreement as being:

(i) the sole member of the “DB” and, where this is

the case, all references to the “Other Members”
do not apply, or

(ii) one of the three persons who are jointly called

the “DB” (or “Dispute Board”) and, where this is
the case, the other two persons are called the
“Other Members”.
The Employer and the Contractor have entered (or intend
to enter) into a contract, which is called the “Contract” and
is defined in the Dispute Board Agreement, which
incorporates this Appendix. In the Dispute Board
Agreement, words and expressions which are not
otherwise defined shall have the meanings assigned to
them in the Contract.

2. General Unless otherwise stated in the Dispute Board Agreement, it

Provisions shall take effect on the latest of the following dates:

(a) the Commencement Date defined in the Contract,

(b) when the Employer, the Contractor and the Member

have each signed the Dispute Board Agreement, or

(c) when the Employer, the Contractor and each of the

Other Members (if any) have respectively each signed
a dispute board agreement.

This employment of the Member is a personal

appointment. At any time, the Member may give not less
than 70 days’ notice of resignation to the Employer and to
the Contractor, and the Dispute Board Agreement shall
terminate upon the expiry of this period.

3. Warranties The Member warrants and agrees that he/she is and shall

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be impartial and independent of the Employer, the

Contractor and the Employer’s Representative. The
Member shall promptly disclose, to each of them and to
the Other Members (if any), any fact or circumstance
which might appear inconsistent with his/her warranty and
agreement of impartiality and independence.
When appointing the Member, the Employer and the
Contractor relied upon the Member’s representations that
he/she is:

(a) experienced in the work which the Contractor is to

carry out under the Contract,

(b) experienced in the interpretation of contract

documentation, and

(c) fluent in the language for communications defined in

the Contract.

4. General The Member shall:

Obligations
of the (a) have no interest financial or otherwise in the
Member Employer, the Contractor or Employer’s
Representative, nor any financial interest in the
Contract except for payment under the Dispute Board
Agreement;

(b) not previously have been employed as a consultant or

otherwise by the Employer, the Contractor or the
Employer’s Representative, except in such
circumstances as were disclosed in writing to the
Employer and the Contractor before they signed the
Dispute Board Agreement;

(c) have disclosed in writing to the Employer, the

Contractor and the Other Members (if any), before
entering into the Dispute Board Agreement and to
his/her best knowledge and recollection, any
professional or personal relationships with any
director, officer or employee of the Employer, the
Contractor or the Employer’s Representative, and
any previous involvement in the overall project of
which the Contract forms part;

(d) not, for the duration of the Dispute Board

Agreement, be employed as a consultant or otherwise
by the Employer, the Contractor or the Employer’s
Representative, except as may be agreed in writing
by the Employer, the Contractor and the Other

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Members (if any);

(e) comply with the annexed procedural rules and with

Sub-Clause 20.4 of the Conditions of Contract;

(f) not give advice to the Employer, the Contractor, the

Employer’s Personnel or the Contractor’s Personnel
concerning the conduct of the Contract, other than in
accordance with the annexed procedural rules;

(g) not while a Member enter into discussions or make

any agreement with the Employer, the Contractor or
the Employer’s Representative regarding
employment by any of them, whether as a consultant
or otherwise, after ceasing to act under the Dispute
Board Agreement;

(h) ensure his/her availability for all site visits and

hearings as are necessary;

(i) become conversant with the Contract and with the

progress of the Works (and of any other parts of the
project of which the Contract forms part) by studying
all documents received which shall be maintained in
a current working file;

(j) treat the details of the Contract and all the DB’s
activities and hearings as private and confidential,
and not publish or disclose them without the prior
written consent of the Employer, the Contractor and
the Other Members (if any); and

(k) be available to give advice and opinions, on any

matter relevant to the Contract when requested by
both the Employer and the Contractor, subject to the
agreement of the Other Members (if any).

5. General The Employer, the Contractor, the Employer’s Personnel

Obligations and the Contractor’s Personnel shall not request advice
of the from or consultation with the Member regarding the
Employer Contract, otherwise than in the normal course of the DB’s
and the activities under the Contract and the Dispute Board
Contractor Agreement. The Employer and the Contractor shall be
responsible for compliance with this provision, by the
Employer’s Personnel and the Contractor’s Personnel
respectively.
The Employer and the Contractor undertake to each other
and to the Member that the Member shall not, except as
otherwise agreed in writing by the Employer, the

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Contractor, the Member and the Other Members (if any):

(a) be appointed as an arbitrator in any arbitration under

the Contract;

(b) be called as a witness to give evidence concerning

any dispute before arbitrator(s) appointed for any
arbitration under the Contract; or

(c) be liable for any claims for anything done or omitted

in the discharge or purported discharge of the
Member’s functions, unless the act or omission is
shown to have been in bad faith.
The Employer and the Contractor hereby jointly and
severally indemnify and hold the Member harmless against
and from claims from which he is relieved from liability
under the preceding paragraph.
Whenever the Employer or the Contractor refers a dispute
to the DB under Sub-Clause 20.4 of the Conditions of
Contract, which will require the Member to make a site
visit and attend a hearing, the Employer or the Contractor
shall provide appropriate security for a sum equivalent to
the reasonable expenses to be incurred by the Member. No
account shall be taken of any other payments due or paid
to the Member.

6. Payment The Member shall be paid as follows, in the currency

named in the Dispute Board Agreement:

(a) a retainer fee per calendar month, which shall be

considered as payment in full for:

(i) being available on 28 days’ notice for all site

visits and hearings;

(ii) becoming and remaining conversant with all

project developments and maintaining relevant
files;

(iii) all office and overhead expenses including

secretarial services, photocopying and office
supplies incurred in connection with his duties;
and

(iv) all services performed hereunder except those

referred to in sub-paragraphs (b) and (c) of this
Clause.

The retainer fee shall be paid with effect from the last day

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of the calendar month in which the Dispute Board

Agreement becomes effective; until the last day of the
calendar month in which the Taking-Over Certificate is
issued for the whole of the Works.

With effect from the first day of the calendar month

following the month in which the Taking-Over Certificate
is issued for the whole of the Works, the retainer fee shall
be reduced by one third. This reduced fee shall be paid
until the first day of the calendar month in which the
Member resigns or the Dispute Board Agreement is
otherwise terminated.

(b) a daily fee which shall be considered as payment in

full for:

(i) each day or part of a day up to a maximum of

two days’ travel time in each direction for the
journey between the Member’s home and the
Site, or another location of a meeting with the
Other Members (if any);

(ii) each working day on Site visits, hearings or

preparing decisions; and

(iii) each day spent reading submissions in

preparation for a hearing.

(c) all reasonable expenses including necessary travel

expenses (air fare in less than first class, hotel and
subsistence and other direct travel expenses) incurred
in connection with the Member’s duties, as well as
the cost of telephone calls, courier charges, faxes and
telexes: a receipt shall be required for each item in
excess of five percent of the daily fee referred to in
sub-paragraph (b) of this Clause;

(d) any taxes properly levied in the Country on payments

made to the Member (unless a national or permanent
resident of the Country) under this Clause 6.

The retainer and daily fees shall be as specified in the

Dispute Board Agreement. Unless it specifies otherwise,
these fees shall remain fixed for the first 24 calendar
months, and shall thereafter be adjusted by agreement
between the Employer, the Contractor and the Member, at
each anniversary of the date on which the Dispute Board
Agreement became effective.

If the parties fail to agree on the retainer fee or the daily

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fee, the appointing entity or official named in the Contract

Data shall determine the amount of the fees to be used.

The Member shall submit invoices for payment of the

monthly retainer and air fares quarterly in advance.
Invoices for other expenses and for daily fees shall be
submitted following the conclusion of a Site visit or
hearing. All invoices shall be accompanied by a brief
description of activities performed during the relevant
period and shall be addressed to the Contractor.

The Contractor shall pay each of the Member’s invoices in

full within 56 calendar days after receiving each invoice
and shall apply to the Employer (in the Statements under
the Contract) for reimbursement of one-half of the
amounts of these invoices. The Employer shall then pay
the Contractor in accordance with the Contract.

If the Contractor fails to pay to the Member the amount to

which he/she is entitled under the Dispute Board
Agreement, the Employer shall pay the amount due to the
Member and any other amount which may be required to
maintain the operation of the DB; and without prejudice to
the Employer’s rights or remedies. In addition to all other
rights arising from this default, the Employer shall be
entitled to reimbursement of all sums paid in excess of
one-half of these payments, plus all costs of recovering
these sums and financing charges calculated at the rate
specified in Sub-Clause 14.8 of the Conditions of Contract.

If the Member does not receive payment of the amount due

within 70 days after submitting a valid invoice, the
Member may (i) suspend his/her services (without notice)
until the payment is received, and/or (ii) resign his/her
appointment by giving notice under Clause 7.

7. Termination At any time: (i) the Employer and the Contractor may
jointly terminate the Dispute Board Agreement by giving
42 days’ notice to the Member; or (ii) the Member may
resign as provided for in Clause 2.

If the Member fails to comply with the Dispute Board

Agreement, the Employer and the Contractor may, without
prejudice to their other rights, terminate it by notice to the
Member. The notice shall take effect when received by the
Member.

If the Employer or the Contractor fails to comply with the

Dispute Board Agreement, the Member may, without

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prejudice to his other rights, terminate it by notice to the

Employer and the Contractor. The notice shall take effect
when received by them both.

Any such notice, resignation and termination shall be final

and binding on the Employer, the Contractor and the
Member. However, a notice by the Employer or the
Contractor, but not by both, shall be of no effect.

8. Default of If the Member fails to comply with any of his obligations

the Member under Clause 4 (a) - (d) above, he shall not be entitled to
any fees or expenses hereunder and shall, without
prejudice to their other rights, reimburse each of the
Employer and the Contractor for any fees and expenses
received by the Member and the Other Members (if any),
for proceedings or decisions (if any) of the DB which are
rendered void or ineffective by the said failure to comply.

If the Member fails to comply with any of his obligations

under Clause 4 (e) - (k) above, he shall not be entitled to
any fees or expenses hereunder from the date and to the
extent of the non-compliance and shall, without prejudice
to their other rights, reimburse each of the Employer and
the Contractor for any fees and expenses already received
by the Member, for proceedings or decisions (if any) of the
DB which are rendered void or ineffective by the said
failure to comply.

9. Disputes Any dispute or claim arising out of or in connection with

this Dispute Board Agreement, or the breach, termination
or invalidity thereof, shall be finally settled by institutional
arbitration. If no other arbitration institute is agreed, the
arbitration shall be conducted under the Rules of
Arbitration of the International Chamber of Commerce by
one arbitrator appointed in accordance with these Rules of
Arbitration.

ITB 52.1 The procedures for making a Procurement-related Complaint are detailed in the
“Procurement Regulations for IPF Borrowers (Annex III).” If a Bidder wishes to
make a Procurement-related Complaint, the Bidder should submit its complaint
following these procedures, in writing (by the quickest means available, that is
either by email or fax), to:
For the attention: General Manager; Contracts and Materials (MLFP)
Title/position: General Manager; Contracts and Materials
Employer: Jharkhand Urja Sanchar Nigam Limited
Email address: piujusnl@gmail.com

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In summary, a Procurement-related Complaint may challenge any of the following:

1. the terms of the Bidding Documents; and
2. the Employer’s decision to award the contract

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Section III - Evaluation and Qualification Criteria

This Section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders
through post qualification. No other factors, methods or criteria shall be used other than those
specified in this bidding document.
The Bidder shall provide all the information requested in the forms included in Section IV, Bidding
Forms.

Table of Criteria

1 Technical Part
2 Financial Part

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Section III - Evaluation and Qualification Criteria

The Employer shall use the criteria and methodologies listed in this Section to evaluate Bids. By
applying the criteria and methodologies, the Employer shall determine the Most Advantageous Bid.
This is the Bid of the Bidder that meets the qualification criteria and whose Bid has been determined
to be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.

1. Evaluation – Technical Part

1.1 Technical Evaluation - the Employer will carry out a detailed technical evaluation of the Bids
to determine whether the technical aspects are in compliance with the bidding document. The Bid that
does not meet minimum acceptable standards of completeness, consistency and detail, and the
specified minimum (or maximum, as the case may be) requirements for specified functional
guarantees, will be rejected for non-responsiveness.

Where alternative technical solutions have been allowed in accordance with ITB 13, and
offered by the Bidder, the Employer will make a similar evaluation of the alternatives. Where
alternatives have not been allowed but have been offered, they shall be ignored.

1.2 Economic Evaluation

(a) Time Schedule:

Time to complete the Plant and Installation Services from the effective date specified in
Article 3 of the Contract Agreement for determining time for completion of pre-
commissioning activities is 24 months. No credit will be given for earlier completion.
(b) Operating and Maintenance Costs
Not Applicable
(c) Functional Guarantee
(i) Maximum permissible losses for the following equipment to be supplied are
as under:
Unit Maximum Permissible Losses
S.No. Type of Losses of Power Transformers
(200MVA)
Max. No Load Loss at rated voltage and kW 35
i)
frequency
Max. Load Loss between HV & LV at kW 260
ii) rated current and frequency and at 75O
C
iii) Max. I2R Loss at rated current at 75O C kW 190
Max. Auxiliary Loss at rated voltage and kW 8
iv) frequency

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Bids offering equipment with losses higher than the maximum permissible losses shall be
rejected. Bidder shall state the guaranteed performance in response to the Technical
Specifications in the Form FUNC (Section IV) which is part of the Bidding Document. The best
parameter of loss quoted at rated voltage, rated frequency, rated current at 75°C for each
equipment by any technically responsive bidder shall be taken as basis and that quoted by the
particular bidder shall be used to arrive at differential price to be applied for the bid. The
differential price so arrived for transformer shall be multiplied by the total number of
transformers to arrive at total differential price.
The factors and the respective Indian Rupees value per unit of differential loss for evaluation
purposes shall be as stipulated below:
Sl. Equipment Parameter to be Value of F in Indian
No. taken for applying Rupees per unit of
differential price factor parameter differential
(F)
1. 200 MVA, Differential Load loss INR 81,500
220/132 kV 3 phase (KW) as (ii) and (iii)
Power Transformer Differential No-Load INR 1,62000
Loss (KW) as (i)

Differential Cooling INR 81,500

System load loss (KW)
as (iv)

(d) Work, services, facilities, etc. to be provided by the Employer

Where bids include the undertaking of work or the provision of services or facilities by the
Employer in excess of the provisions allowed for in the bidding document, the Employer
shall assess the costs of such additional work, services and/or facilities during the
duration of the contract. Such costs shall be added to the bid price for evaluation.
(e) Audible Noise:
Transformer offered shall be rejected if audible sound level is higher than 75 dB during
inspection testing.

1.3 The following factors and methods will apply: During technical evaluation, the Employer
shall only determine whether the bid meets the specified minimum acceptable standards. A negative
determination shall result in rejection of the bid
(a) Alternative technical solutions for specified parts – technical aspects
The acceptability of alternative technical solutions for parts of the facilities, if permitted under
ITB 13.4, will be determined as follows: NOT APPLICABLE
(b) Specific additional criteria
The relevant evaluation method, if any, shall be as follows:

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1) If there is discrepancy between the Unit Price and the Total Price, which is obtained by multiplying
the Unit Price and the quantity, the unit price shall prevail and the total price will be corrected and
taken into evaluation.
2) In case there is discrepancy among the individual schedules 2, 3 and 4 and the Grand Summary, the
Grand Summary (Schedule 5) will be corrected and taken into the evaluation. However, the Contract
will be governed by the Unit Prices in the respective schedules and quatities indicated therein.
3) Bids will be evaluated based on total cost excluding GST. However GST will be paid to the
successful bidder as per applicable rates.

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2. Qualification

Factor 1 Eligibility
Criteria

Bidder
Documentati
Sub-Factor
Joint Venture (existing or intended) on Required
Requirement
Single where permitted
Entity
All members Each At least one
combined Partner Partner
1.1 Nationality Nationality in accordance Must meet NA NA N/A Form ELI –1.1
with ITB 4.4. requirement and 1.2, with
attachments
1.2 Conflict of No- conflicts of interests as Must meet NA NA N/A Letter of Bid
Interest described in ITB 4.2 requirement
1.3 Bank Not having been declared Must meet NA NA N/A Letter of Bid
Ineligibility ineligible by the Bank as requirement
described in 4.5.
1.4 State Owned Compliance with conditions NA NA Form ELI –1.1
Must meet
Enterprise or of ITB 4.6 N/A and 1.2, with
requirement
Institution attachments
1.5 Ineligibility Not having been excluded as Must meet NA NA N/A Letter of Bid
based on a United a result of the Borrower’s requirement
Nations resolution or country laws or official
Borrower’s country regulations, or by an act of
law compliance with UN Security
Council resolution, in
accordance with ITB 4.8 and
Section V.

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Factor 2. Historical Contract Non-Performance

Criteria

Bidder

Joint Venture (existing or intended) where

permitted
Sub-Factor Documentation
Requirement Required
Single Entity

All members Each member At least one

combined member
2.1 History of non- Non-performance1of a Must meet N/A NA N/A Form CON - 2
performing contracts contract did not occur within requirement
the last Five (5) years prior to by itself or as
the deadline for application member to
submission, based on all past or
information on fully settled existing JV
disputes or litigation. A fully
settled dispute or litigation is
one that has been resolved in
accordance with the Dispute
Resolution Mechanism under
the respective contract, and
where all appeal instances
available to the Bidder have
been exhausted.

1
Nonperformance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including through referral to the dispute resolution
mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Nonperformance shall not include contracts where Employers decision was

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Section III - Evaluation and Qualification Criteria 64

Factor 2. Historical Contract Non-Performance

Criteria

Bidder

Joint Venture (existing or intended) where

permitted
Sub-Factor Documentation
Requirement Required
Single Entity

All members Each member At least one

combined member
2.2 Suspension Not under suspension based Must meet N/A N/A N/A Letter of Bid
on execution of a Bid requirement
Securing Declaration or
Proposal Securing Declaration
pursuant to ITB 4.7 and ITB
20.9
2.3 Pending Litigation Bid’s financial position and Must meet N/A NA N/A Form CON – 2
prospective long term requirement
profitability still sound
according to criteria
established in 3.1 below and
assuming that all pending
litigation will be resolved
against the Bidder

overruled by the dispute resolution mechanism. Nonperformance must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance
with the dispute resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.

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Factor 2. Historical Contract Non-Performance

Criteria

Bidder

Joint Venture (existing or intended) where

permitted
Sub-Factor Documentation
Requirement Required
Single Entity

All members Each member At least one

combined member
2.4 Litigation History No consistent history of Must meet N/A N/A N/A Form CON – 2
court/arbitral award decisions requirement
against the Bidder2since 1st
January 2018

2
The Bidder shall provide accurate information on the related Bid Form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last five years. A
consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.

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Factor 3 Financial Situation

Criteria

Bidder
Documentatio
Joint Venture (existing or intended) n
Sub-Factor
Requirement where permitted Required
Single Entity
All members Each At least one
combined member member

3.1 Financial Submission of audited Must meet N/A NA N/A Form FIN – 3.1
Capabilities balance sheets or if not requirement with attachments
required by the law of the
Bidder’s Country, other
financial statements
acceptable to the Employer,
for the last Five [5] years to
demonstrate the current
soundness of the Bidders
financial position and its
prospective long term
profitability.

3.2 Average Annual Minimum average annual Must meet N/A N/A N/A Form FIN –3.2
Turnover turnover during immediately requirement
preceding five financial
years for which audited
annual accounts are available
should not be less than Rs
115 crore

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Section III - Evaluation and Qualification Criteria 67

Factor 3 Financial Situation

Criteria

Bidder
Documentatio
Joint Venture (existing or intended) n
Sub-Factor
Requirement where permitted Required
Single Entity
All members Each At least one
combined member member

3.3 Financial The Bidder must demonstrate Must meet N/A N/A N/A Form FIN –3.3
Resources access to, or availability of, requirement
financial resources such as
liquid assets, unencumbered
real assets, lines of credit,
and other financial means,
other than any contractual
advance payments to meet:
(i) the following cash-flow
requirement:
Rs. 15 crores
and
(ii) the overall cash flow
requirements for this contract
and its current commitments.

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Section III - Evaluation and Qualification Criteria 68

Factor 3 Financial Situation

Criteria

Bidder
Documentatio
Joint Venture (existing or intended) n
Sub-Factor
Requirement where permitted Required
Single Entity
All members Each At least one
combined member member

3.4 Bid Capacity The bidding capacity of the Must meet N/A N/A N/A Form FIN 3.4
contractor should be equal to requirement
or more than the estimated
cost of the work put to Bid.
The bidding capacity shall be
worked out by the following
formula :
Bidding Capacity = [ A x N x
1.5] – B
Where,

 A = Maximum
turnover in any one
year during the last
Five years (in case
of bidders having
multiple lines of
businesses,
turnover only
against
construction

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Factor 3 Financial Situation

Criteria

Bidder
Documentatio
Joint Venture (existing or intended) n
Sub-Factor
Requirement where permitted Required
Single Entity
All members Each At least one
combined member member
related works*
shall be
considered, which
shall be duly
certified by
Chartered
Accountant)
 N = Number of
years prescribed
for completion of
work for which
bids have been
invited
 B = Value of
existing
commitments and
ongoing works
(this will include
works against
which notification
of intention of

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Section III - Evaluation and Qualification Criteria 70

Factor 3 Financial Situation

Criteria

Bidder
Documentatio
Joint Venture (existing or intended) n
Sub-Factor
Requirement where permitted Required
Single Entity
All members Each At least one
combined member member
award/notification
of award has been
issued). Further,
before opening of
financial bids,
JUSNL will update
the value of B with
any additional
contracts for which
notification of
intention to award
has been issued by
JUSNL. If the bid
submitted by the
same bidder is
being considered as
Lowest Responsive
Bid in any other
forth coming
contract/bid, then
their Bid Capacity
shall be evaluated

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Factor 3 Financial Situation

Criteria

Bidder
Documentatio
Joint Venture (existing or intended) n
Sub-Factor
Requirement where permitted Required
Single Entity
All members Each At least one
combined member member
by considering
Contract award
decision under
current contract
commitment before
opening of the
financial bids for
any subsequent
package

*= full value of contracts

would be considered in
case of Supply &
Installation contracts, EPC
contracts of
turnkey/partial-turnkey
nature

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Factor 4 Experience
Criteria

Bidder

Joint Venture (existing or Documentation

Sub-Factor intended) Required
Requirement
where permitted
Single Entity
All Each At least
members member one
combined member

General Experience under contracts in the role of contractor, Must meet N/A N/A N/A Form EXP-4.1
Experience subcontractor, or management contractor for at least requirement
the last five (5) years starting 1st January 2018

4.2(a) (a)Participation as contractor, joint venture Must meet N/A N/A N/A Form EXP 4.2(a)
Specific member3, management contractor, or subcontractor, requirement
Experience in similar contracts within the last 5 years, with a
combined value of at least Rs 143 Crore, that have
been successfully completed and that are similar to
the proposed Plant and Installation Services. The
total number of such contracts shall not be more
than two.
The similarity shall be based on the physical size,
complexity, methods/technology or other
characteristics as described in 4.2(b) below.

3
For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meet this requirement

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4.2(b) (b) For the above or other contracts executed during Must meet N/A N/A N/A Form EXP-4.2(b)
Speci the period stipulated in 4.2(a) above, a minimum requirements
fic experience in the following key activities:
Experience (i) The bidder must have successfully erected,
tested and commissioned at least one 220 kV or
higher rating substation having minimum two (2)
circuit breaker terminal Bays (out of which at least
one must be a transformer bay) during last 5 years
as on date of bid opening. The 220kV or above sub-
station as erected by the bidder should be in
successful operation at least for a period of 12
months as on the date of bid opening.
(ii) Bidder should have valid Electrical License for
EHV works issued by any state in India. Successful
bidder shall obtain the license for Jharkhand, if not
in possession of the same.
4.2 (c) Even though the bidders may meet the above qualifying criteria, they are subject to be disqualified if they have:
a. made misleading or false representations in the forms, statements, affidavits, and attachments submitted in proof of the
qualification requirement;
b. record of poor performance such as abandoning the works, not properly completion or financial failures etc.
c. consistent history of litigation or arbitration awards against the bidder or any member or the joint venture.
d. Participated in the previous bidding (if this is a re-bidding) for the same plant and installation work and had quoted
unreasonably high bid price and could not furnish any rational justification for the same to the employer.

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2.5 Personnel

The Bidder must demonstrate that it will have the personnel for the key positions that meet
the following requirements:

Total Work Experience in 220 kV or

Experience in higher voltage sub-station
No. Position works
power sector
(years) (years)
1 Project Manager (One) 15 years 5 years (as PM)
Should be a graduate in Engineering with
experience of Power Sector including the
experience in construction of 220 kV or
higher voltage rating Substations as Project
In-charge
2 Project Site Engineer Electrical (4 nos) 10 years 5 years (as Site
Engineer/Supervisor)
Should be at least a diploma in Electrical
Engineering with experience in construction (Including experience in
of 220 kV or higher voltage rating SCADA and Fibre Optic
Substations Communication System)

3 Project Site Engineer Civil (4 nos) 10 years 5 years (as Site

Engineer/Supervisor)
Should be at least a diploma in Civil
Engineering with experience in construction
of 220 kV or higher voltage rating
Substations

4 EHS Supervisor (one) 10 years 5 years (as Supervisor)

At least a Diploma or other recognized
qualification in Environment, Health and
Safety (EHS) with relevant experience in EHS
activities in substation works

The Bidder shall provide details of the proposed personnel and their experience records in the
relevant Forms included in Section IV, Bidding Forms.
2.6 Equipment

The Bidder must demonstrate that it will have access to the key Contractor’s equipment listed
hereafter:
Not Applicable

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Section III - Evaluation and Qualification Criteria
3. Evaluation – Financial Part
3.1 The following factors and methods will apply

(a) Multiple Contracts (ITB 35.3)

If in accordance with ITB 1.1, Bids are invited for more than one lot, the contract will be awarded
to the Bidder or Bidders offering a substantially responsive Bid(s) and the lowest evaluated cost to
the Employer for combined lots, subject to the selected Bidder(s) meeting the required
qualification criteria Section III, Evaluation and Qualification Criteria for a lot or combination of
lots as the case may be.

In determining Bidder or Bidders that offer the total lowest evaluated cost to the Employer, after
considering all possible combination of lots, the Employer shall apply the following steps in
sequence:

a. evaluate individual lots to determine the substantially responsive Bids and corresponding
evaluated costs;
b. for each lot, rank the substantially responsive Bids starting from the lowest evaluated cost
for the lot;
c. apply to the evaluated costs listed in b) above, any applicable discounts/price reductions
offered by a Bidder (s) for the award of multiple contracts based on the discounts and the
methodology for their application offered by the respective Bidder; and
d. determine contract award on the basis of the combination of lots that offer the total lowest
evaluated cost to the Employer.

(b) Subcontractors/Suppliers
Subcontractors/manufacturers for the following major items of supply or services must
meet the following minimum criteria, herein listed for that item. Failure to comply
with this requirement will result in rejection of the Subcontractor.
No. Description of Item/Equipment Minimum Criteria to be met
1 220 kV Power transformer Must be a currently approved
vendor of PGCIL for this
Switchgear (Breakers and Isolators)
equipment.
220kV SF6 Circuit Breaker/132kV SF6 Circuit Breaker,
33 KV VCB
220KV, 132kV and 33kV Isolator
220 KV, 132 kV Control &Relay panels
2 SCADA system and Fibre optic based communication Must be a currently approved
system vendor of PGCIL for this
equipment
3 Civil Works Must have at least 7 years of
experience carrying out civil
works related to 220kV or
higher voltage substation and
Average Annual Turnover in
civil works of Rs 10 Crores in
the last three years

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Section IV - Bidding Forms

Table of Forms

Letter of Bid – Technical Part .................................................................................................... 79

Technical Proposal ....................................................................................................................... 81
Appendix to Technical Part: Site Organization ............................................................................. 82
[Insert Site Organization Information) .......................................................................................... 82
Appendix to Technical Part: Method Statement ............................................................................ 83
Appendix to Technical Part: Mobilization Schedule ..................................................................... 84
Appendix to Technical Part: Construction Schedule ..................................................................... 85
Appendix to Technical Part: Plant ................................................................................................. 86
Appendix to Technical Part: Contractor’s Equipment ............................................................ 87
Appendix to Technical Part: Functional Guarantees ............................................................... 88
Appendix to Technical Part: Personnel ..................................................................................... 89
Proposed Personnel ........................................................................................................................ 89
Resume of Proposed Personnel ...................................................................................................... 90
Appendix to Technical Part: Proposed Subcontractors for Major Items of Plant and
Installation Services .............................................................................................................. 92
Appendix to Technical Part ........................................................................................................ 93
Others - Time Schedule ............................................................................................................... 93
Appendix to Technical Part ........................................................................................................ 94
Bidders Qualification ................................................................................................................... 94
Bidder Information Sheet............................................................................................................ 95
Party to JV Information Sheet.................................................................................................... 96
Each member of a JV must fill in this form ................................................................................. 96
Historical Contract Non-Performance ....................................................................................... 98
Current Contract Commitments / Works in Progress ........................................................... 100
Financial Situation ..................................................................................................................... 101
Historical Financial Performance ................................................................................................ 101
Average Annual Turnover ........................................................................................................... 103
[The following table shall be filled in for the Bidder and for each member of a Joint Venture where
permitted] ..................................................................................................................................... 103
Financial Resources ..................................................................................................................... 104

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Experience .................................................................................................................................. 106

General Experience ...................................................................................................................... 106
Specific Experience ..................................................................................................................... 108
Specific Experience in Key Activities ......................................................................................... 110
Appendix to Technical Part ...................................................................................................... 112
Form of Bid Security – Bank Guarantee ................................................................................. 112
Manufacturer’s Authorization ................................................................................................. 114
Letter of Bid – Financial Part ................................................................................................... 117

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Letter of Bid – Technical Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE
DOCUMENT
The Bidder must prepare this Letter of Bid – Technical Part on stationery with its letterhead
clearly showing the Bidder’s complete name and business address.
Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, hereby submit our Bid, in two parts, namely:

(a) the Technical Part, and

(b) the Financial Part

In submitting our Bid, we make the following declarations:

(a) No reservations: We have examined and have no reservations to the bidding document,
including Addenda issued in accordance with ITB 8;

(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance
with ITB 4;

(c) Conformity: We offer to provide design, supply and installation services in conformity with
the bidding document of the following: [insert a brief description of the Plant, Design, Supply
and Installation Services];

(d) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 19.1 (as amended
if applicable)from the date fixed for the Bid submission deadline specified in BDS 23.1 (as
amended if applicable), and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;

(e) Performance Security: If our Bid is accepted, we commit to obtain a Performance Security in
accordance with the bidding document;

(f) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder or as a
subcontractor, and we are not participating in any other Bid(s) as a Joint Venture member, and
meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance with ITB
13;

(g) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not subject
to, and not controlled by any entity or individual that is subject to, a temporary suspension
or a debarment imposed by the World Bank Group or a debarment imposed by the World

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Bank Group in accordance with the Agreement for Mutual Enforcement of Debarment
Decisions between the World Bank and other development banks. Further, we are not
ineligible under the Employer’s Country laws or official regulations or pursuant to a
decision of the United Nations Security Council;

(h) State-owned enterprise or institution: [select the appropriate option and delete the
other] [We are not a state-owned enterprise or institution] / [We are a state-owned
enterprise or institution but meet the requirements of ITB 4.6];

(i) Binding Contract: We understand that this Bid, together with your written acceptance
thereof included in your Letter of Acceptance, shall constitute a binding contract between
us, until a formal contract is prepared and executed;

(j) Not Bound to Accept: We understand that you are not bound to accept the lowest
evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may receive;

(k) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no
person acting for us or on our behalf engages in any type of Fraud and Corruption;

(l) We also undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India on date namely “Prevention of Corruption Act 1988.”; and

(m) Adjudicator: We accept the provisions of Dispute Board

Name of the Bidder: *[insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete
name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are
shown above]
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with
the Bid

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Technical Proposal

- Site Organization

- Method Statement

- Mobilization Schedule

- Construction Schedule

- Plant

- Contractor’s Equipment

- Personnel

- Proposed Subcontractors for Major Items of Plant and Installation Services

- Others

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Appendix to Technical Part: Site Organization

[Insert Site Organization Information)

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Appendix to Technical Part: Method Statement

[insert Method Statement - A detailed note should be submitted outlining bidders proposed
methodology and program for the provision of Plant and Installation Services, backed with
equipment, materials and manpower planning and deployment, and quality control procedures
proposed to be adopted, justifying Bidder’s capability for execution and timely completion of the
work as per technical specifications].

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Appendix to Technical Part: Mobilization Schedule

[Insert Mobilization Schedule]

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Appendix to Technical Part: Construction Schedule

[Insert Construction Schedule]

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Appendix to Technical Part: Plant

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Appendix to Technical Part: Contractor’s Equipment

Form EQU
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet
the requirements for the key Contractor’s equipment listed in Section III, Evaluation and Qualification
Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.

Item of equipment

Equipment Name of manufacturer Model and power rating

information

Capacity Year of manufacture

Current status Current location

Details of current commitments

Source Indicate source of the equipment

 Owned  Rented  Leased  Specially manufactured

Omit the following information for equipment owned by the Bidder.

Owner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project

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Appendix to Technical Part: Functional Guarantees

Form FUNC

The Bidder shall copy in the left column of the table below, the identification of each functional

guarantee required in the Specification and stated by the Employer in para. 1.2 (a) of Section III,
Evaluation and Qualification Criteria, and in the right column, provide the corresponding value for each
functional guarantee of the proposed plant and equipment.

Required Functional Guarantee for 200 Value of Functional Guarantee of the Proposed
MVA,220/132 kV 3 phase transformer Plant and Equipment

Maximum Permissible Load loss - 260 KW

for each transformer
Maximum Permissible No-Load Loss - 35 KW
for each transformer
Max. Auxiliary Loss at rated voltage and
frequency - 8 KW for each transformer
Impedance at Principal tap – 10% ± tolerance as
per IEC standard
Noise Level – Less than 75dB

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Appendix to Technical Part: Personnel

Form PER -1
Proposed Personnel

Bidders should provide the names of suitably qualified personnel to meet the specified requirements
stated in Section III. The data on their experience should be supplied using the Form below for each
candidate.

1. Title of position*

Name

2. Title of position*

Name

3. Title of position*

Name

4. Title of position*

Name

*As listed in Section III.

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Appendix to Technical Part

Form PER-2

Resume of Proposed Personnel

Name of Bidder

Position

Personnel Name Date of birth

information

Professional qualifications

Present Name of employer

employment

Address of employer

Telephone Contact (manager / personnel officer)

Fax E-mail

Job title Years with present employer

Summarize professional experience over the last 20 years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.

From To Company / Project / Position / Relevant technical and management

experience

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Appendix to Technical Part: Proposed Subcontractors for Major Items of Plant and Installation
Services

A list of major items of Plant and Installation Services is provided below.

The following Subcontractors and/or manufacturers are proposed for carrying out the item of the
facilities indicated. Bidders are free to propose more than one for each item

Major Items of Plant and Proposed Subcontractors/Manufacturers Nationality

Installation Services

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Appendix to Technical Part

Others - Time Schedule

(to be used by Bidder when alternative Time for Completion is invited in ITB 13.2)

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Appendix to Technical Part

Bidders Qualification

To establish its qualifications to perform the contract in accordance with Section III, Evaluation
and Qualification Criteria the Bidder shall provide the information requested in the
corresponding Information Sheets included hereunder.

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Appendix to Technical Part

Form ELI 1.1
Bidder Information Sheet

Date: ______________________
RFB No.: ___________________
Page ________ of _______ pages

1. Bidder’s Legal Name

2. In case of JV, legal name of each party:

3. Bidder’s actual or intended Country of Registration:

4. Bidder’s Year of Registration:

5. Bidder’s Legal Address in Country of Registration:

6. Bidder’s Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB 4.1 and
ITB 4.4. In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in
accordance with ITB 4.1 and ITB 11.2.
In case of state-owned enterprise or institution from the Employer’s Country, documents establishing
legal and financial autonomy and compliance with the principles of commercial law, and is not under
the supervision of the Employer in accordance with ITB 4.6.
Organizational chart, list of Board of Directors, and the beneficial ownership.
Please note that a written authorization needs to be attached to this sheet as required by ITB 21.3

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Appendix to Technical Part

Form ELI 1.2
Party to JV Information Sheet
(Where permitted as per BDS ITB 4.1)
Each member of a JV must fill in this form

Date: ______________________
RFB No.: ___________________
Page ________ of_ ______ pages

1. Bidder’s Legal Name:

2. JV’s Party legal name:

3. JV’s Party Country of Registration:

4. JV’s Party Year of Registration:

5. JV’s Party Legal Address in Country of Registration:

6. JV’s Party Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB 4.1 and
ITB 4.4.
In case of state-owned enterprise or institution from the Employer’s Country, documents
establishing legal and financial autonomy and compliance with the principles of commercial law
and is not under the supervision of the Employer, in accordance with ITB 4.6.
Organizational chart, list of Board of Directors, and the beneficial ownership.

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Appendix to Technical Part

Details of Participation in the

Joint Venture (where permitted)

PARTICIPATION FIRM ‘A’ FIRM ‘B’ FIRM ‘C’

DETAILS (Lead Member)

Financial

Name of the Banker(s)

Planning

Construction Equipment

Key Personnel

Execution of Work (Give

details on contribution of
each)

The Joint Venture should indicate the details of participation as above.

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Appendix to Technical Part

Form CON – 2
Historical Contract Non-Performance

[The following table shall be filled in for the Bidder and for each member of a Joint Venture where
permitted]
Bidder’s Legal Name: _______________________ Date: _____________________
JV Member Legal Name: _______________________ ___________________
RFB No.: __________________
Page _______ of _______ pages

Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January [insert year] specified in Section III, Evaluation
and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (Rs
portion of million)
contract
[insert [insert amount Contract Identification: [indicate complete contract name/ [insert amount]
year] and percentage] number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for nonperformance: [indicate main reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor
2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as
indicated below.

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Year of Amount in dispute Contract Identification Total Contract

dispute (Rs) Amount (Rs
million)
Contract Identification: ________
Name of Employer: ___________
Address of Employer:_________
Matter in dispute: ____________
Party who initiated the dispute: __

Status of dispute: ___________

Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.4.
 Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.4 as indicated below.
Year of Outcome as Contract Identification Total Contract
award percentage of Net Amount (Rs
Worth million)
[insert [insert percentage] Contract Identification: [indicate complete [insert amount]
year] contract name, number, and any other
identification]
Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]
Reason(s) for Litigation and award decision
[indicate main reason(s)]

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Appendix to Technical Part

Form CCC
Current Contract Commitments / Works in Progress

Bidders and each member to a JV where permitted, should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has
been received, or for contracts approaching completion, but for which an unqualified, full completion
certificate has yet to be issued.

Name of contract Employer, Value of Estimated Average monthly

contact outstanding work completion date invoicing over
address/tel/fax (Rs million) last six months
(Rs million)
1.

2.

3.

4.

5.

etc.

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Appendix to Technical Part

Form FIN – 3.1
Financial Situation

Historical Financial Performance

Bidder’s Legal Name: _______________________ Date: _____________________

JV Member Legal Name: _______________ RFB No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JV, by each member

Financial Historic information for previous ______ (__) years

information in
Rs. million (in Rs. million)

Year 1 Year 2 Year 3 Year … Year n Avg. Avg.

Ratio

Information from Balance Sheet

Total Assets
(TA)

Total
Liabilities
(TL)

Net Worth
(NW)

Current
Assets (CA)

Current
Liabilities
(CL)

Information from Income Statement

Total Revenue
(TR)

Profits Before
Taxes (PBT)

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Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the years required above complying with the following conditions:
(a) Must reflect the financial situation of the Bidder or member to a JV, and not sister or parent
companies
(b) Historic financial statements must be audited by a certified chartered accountant
(c) Historic financial statements must be complete, including all notes to the financial
statements
(d) Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted)

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Appendix to Technical Part

Form FIN – 3.2
Average Annual Turnover

[The following table shall be filled in for the Bidder and for each member of a Joint Venture where
permitted]

Bidder’s Legal Name: ___________________________ Date: _____________________

JV Member Legal Name: ________ RFB No.: __________________
Page _______ of _______ pages

Annual turnover data**

Year Rs million equivalent

*Average
Annual
Turnover

*Average annual turnover calculated as total certified payments received for work in progress or
completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor
2.3.2.
** This should be certified by a Chartered Accountant.

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Appendix to Technical Part

Form FIN 3.3
Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit,
and other financial means, net of current commitments, available to meet the total cash flow demands of
the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria

Source of financing Amount (Rs million)

1.

2.

3.

4.

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Form FIN 3.4

Bid Capacity Format
Form for Current Contract Commitments/Works in Progress
Bidders should provide information on their current commitments on all contracts that have been
awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching
completion, but for which an unqualified, full completion certificate has yet to be issued.
(A) Existing commitments and on-going works:
Value of
Name and works*
Place Contract Value of Stipulated Anticipated
Description Address remaining
& No. & Contract period of date of
of Work of to be
State Date (Rupees) Completion completion
Employer completed
(Rupees)
(1) (2) (3) (4) (5) (6) (7) (8)

(B) Works for which bids already submitted and likely to be awarded – expected additional commitment.
Estimated
Name and Stipulated Date when
Description Place & value of Remarks if
Address of period of decision is
of Work State works any
Employer Completion expected
(Rupees)
(1) (2) (3) (4) (5) (6) (7)

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Appendix to Technical Part

Form EXP 4.1
Experience

General Experience
[The following table shall be filled for the Bidder and for each member of a Joint Venture where
permitted]

Bidder’s Legal Name: ____________________________ Date: _____________________

JV Member Legal Name: ____________________________ RFB No.: __________________
Page _______ of _______ pages

Starting Ending
Contract Identification Role of
Month / Month /
Year Year Bidder
Years*
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:

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Starting Ending
Contract Identification Role of
Month / Month /
Year Year Bidder
Years*
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:
Contract name:
______ ______ Brief Description of the Works performed by the _________
Bidder:
Name of Employer:
Address:

*List calendar year for years with contracts with at least nine (9) months activity per year starting
with the earliest year

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Section IV - Bidding Forms 108

Appendix to Technical Part

Form EXP –4.2(a)
Specific Experience
[The following table shall be filled in for contracts performed by the Bidder, each member of a
Joint Venture where permitted, and specialist sub-contractors]

Bidder’s Legal Name: ___________________________ Date: _____________________

JV Member Legal Name: ___________ RFB No.: __________________
Page _______ of _______ pages

Similar Contract Number: ___ of ___ Information

required.
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________

Role in Contract   Subcontractor

Contractor Management
Contractor
Total contract amount Rs million_________________ Rs million___
___________
If member in a JV or subcontractor, specify __________% _____________ Rs million___
participation of total contract amount ___________
Employer’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________

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Appendix to Technical Part

Form EXP –4.2(a) (cont.)
Specific Experience (cont.)

Bidder’s Legal Name: ___________________________ Page _______ of _______ pages

JV Member Legal Name: __________________

Similar Contract No. __[insert specific

Information
number] of [total number of contracts] ___
required
Description of the similarity in accordance
with Sub-Factor 4.2(a) of Section III:

Amount Rs million____________________________

Physical size _________________________________

Complexity _________________________________

Methods/Technology _________________________________

Physical Production Rate _________________________________

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Appendix to Technical Part

Form EXP –4.2(b)
Specific Experience in Key Activities

Bidder’s Legal Name: ___________________________ Date: _____________________

JV Member Legal Name: _________ RFB No.: __________________
Subcontractor’s Legal Name: ______________ Page _______ of _______ pages

Information
Contract Identification _______________________________________
Award date _______________________________________
Completion date _______________________________________
Role in Contract   Subcontractor
Contractor Management
Contractor
Total contract amount Rs million_________________ Rs million____
____________
If member in a JV or subcontractor, specify __________% _____________ Rs million____
participation of total contract amount ____________
Employer’s Name: _______________________________________
Address: _______________________________________
_______________________________________
Telephone/fax number: _______________________________________
E-mail: _______________________________________

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Appendix to Technical Part

Form EXP –4.2 (b)(cont.)
Specific Experience in Key Activities (cont.)

Bidder’s Legal Name: ___________________________ Page _______ of _______ pages

JV Member Legal Name: ___________________________
Subcontractor’s Legal Name: __________________________

Information
Description of the key activities in accordance
with Sub-Factor 4.2(b) of Section III:

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Appendix to Technical Part

Form of Bid Security – Bank Guarantee
[Guarantor letterhead or SWIFT identifier code]

[The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]

Beneficiary: [Employer to insert its name and address]

RFB No.:[Employer to insert reference number for the Request for Bids]

Alternative No.: [Insert identification No if this is a Bid for an alternative]

Date:[Insert date of issue]

BID GUARANTEE No.:[Insert guarantee reference number]

Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]

WHEREAS, _______________________ [name of Bidder]4 (hereinafter called "the Applicant") has

submitted his Bid dated _______________________ [date] or will submit his Bid for the execution
of _____________________________________ [name of Contract] (hereinafter called "the Bid")
under Request for Bids No……………………….[insert number] (hereinafter called “the RFB”)

KNOW ALL PEOPLE by these presents that We ______________________________ [name of

bank] of ____________________________ [name of country] having our registered office at
___________________________________ (hereinafter called "the Bank") are bound unto
______________________________[name of Employer] (hereinafter called "the Employer") in the
sum of ___________________5 for which payment well and truly to be made to the said Employer
the Bank binds itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _________ day of __________ 20____.

THE CONDITIONS of this obligation are:

(1) If after Bid opening the Applicant (a) withdraws his bid during the period of Bid
validity specified in the Letter of Bid, (“the Bid Validity Period”), or any

4
In the case of a JV, the bidder should be stated as “a Joint Venture consisting of ………., and …….”.
5
The Applicant should insert the amount of the guarantee in words and figures denominated in Rs. This figure
should be the same as shown in Clause 19.1 of the Instructions to Bidders.

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extension thereto provided by the Bidder; or (b) does not accept the correction of
the Bid Price pursuant to ITB 36;
or
(2) If the Applicant having been notified of the acceptance of his bid by the Employer
during the period of Bid validity:
(a) fails or refuses to execute the Contract Agreement in accordance with the
Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with
the Instruction to Bidders.

we undertake to pay to the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or any of the
four conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date ____________________6 days after
the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it
may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this guarantee should reach the Bank not later than the above date.

DATE _______________ SIGNATURE OF THE BANK _________________________

WITNESS ____________ SEAL _______________________________________

_________________________________________________________________
[signature, name, and address]

Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

6
45 days after the end of the validity period of the Bid.

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Appendix to Technical Part

Manufacturer’s Authorization

Date: __________________
RFB No.: _________________
To: ________________________[Insert: name of Purchaser]
WHEREAS

We ___________________[insert: name of Manufacturer], who are official manufacturers

of____________________, having factories at _____________________, do hereby authorize
______________________ to submit a Bid the purpose of which is to provide the following goods,
manufactured by us _______________________, and to subsequently negotiate and sign the
Contract.

We hereby extend our full guarantee and warranty in accordance with Clause 27 of the General
Conditions, with respect to the goods offered by the above firm. We also hereby declare that we and
……………, [insert: name of the Bidder] have entered into a formal relationship in which, during
the duration of the Contract (including warranty / defects liability) we, the Manufacturer or Producer,
will make our technical and engineering staff fully available to the technical and engineering staff of
the successful Bidder to assist that Bidder, on a reasonable and best effort basis, in the performance of
all its obligations to the Purchaser under the Contract.

For and on behalf of the Manufacturer

Signed: _______________________________________

Name: ______________________________________

Title:______________________________________

Duly authorized to sign this Authorization on behalf of:

______________________________________

Dated on ____________ day of __________________, _______

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Appendix to Technical Part

(Name of the Project)

(Declaration regarding tax/ duty exemption for plant/equipment/construction equipment bought

for the work)7
(Bidder’s Name and Address)
To: …………………..
(Name of the Employer &
address)
Dear Sir:

Re: [Name of Work]…………………….

Certificate for Import/Procurement of Plant and Equipment/Construction Equipment

1. We confirm that we are solely responsible for obtaining tax/ duty waivers which we have
considered in our bid and in case of failure to receive such waivers for reasons whatsoever,
the employer will not compensate us.

2. We are furnishing below the information required by the Employer for issue of the
necessary certificates in terms of the Government of India’s relevant Notifications.

3. The goods/construction equipment for which certificates are required are as under:
Items Make/ Capacity Quantity Value State whether it Remarks
Brand [where will be procured regarding
(modify the
Name applicable] locally or justification for
list suitably
imported [if so the quantity and
for each
from which their usage in
specific
country] works.
work)*
Plant and Equipment
[a] ______
[b] ______
[c] ______

Construction Equipment

7
This declaration refers to ITB 17.12 and shall be retained only if ITB 17.12 is retained. The format may be
modified as per the latest instructions of Government of India.

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Section IV - Bidding Forms 116

4. We agree that no modification to the above list is permitted after bids are opened.

5. We agree that the certificate will be issued only to the extent considered reasonable by the
Employer for the work, based on the Employer’s Requirements and the construction program
and methodology as furnished by us along with the bid.

6. We confirm that the above plant, equipment and construction equipment will be exclusively
used for the construction of the above work and the construction equipment will not be sold
or otherwise disposed of in any manner for a period of five years from the date of acquisition.

Date: ___________________ (Signature)______________________

Place:___________________ (Printed Name)__________________
(Designation)____________________
(Common Seal) ___________________

[This certificate will be issued within 60 days of signing of contract and no subsequent changes will
be permitted.]

* Modify the above to suit the requirements given in Government of India’s Notifications as
current of date of bidding.

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Section IV - Bidding Forms 117

Letter of Bid – Financial Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE
DOCUMENT
The Bidder must prepare this Letter of Bid – Financial Part on stationery with its letterhead clearly
showing the Bidder’s complete name and business address.
Note: All italicized text is to help Bidders in preparing this form.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Price Schedules
(including in Excel). This accompanies the Letter of Bid - Technical Part.
In submitting our Bid, we make the following additional declarations:
(a) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 19.1 (as amended
if applicable)from the date fixed for the Bid submission deadline specified in BDS 23.1 (as
amended if applicable), and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;

(b) Bid Price: The total price of our Bid, excluding any discounts offered in item (c) below
is: [insert the total price of the Bid in Rs. in words and figures];

(c) Total price is summation of the following :

1) SCHEDULE-5: Grand Summary of Jadugoda Substation
2) SCHEDULE-5: Grand Summary of Dhalbhumgarh Substation

(c) Discounts: The discounts offered and the methodology for their application are:

(i) The discounts offered are: [Specify in detail each discount offered.]

(ii) The exact method of calculations to determine the net price after application of discounts is
shown below: [Specify in detail the method that shall be used to apply the discounts];

(d) Commissions, gratuities and fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount of each such commission or gratuity]

Name of Recipient Address Reason Amount

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Section IV - Bidding Forms 118

(If none has been paid or is to be paid, indicate “none.”)

Name of the Bidder: *[insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete
name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are
shown above]
Date signed [insert date of signing] day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with
the Bid

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For Price Schedules 2, 3 4 and 5 for all substations,

refer Section-XI, Part-III, Volume-I

Schedule-1 NOT USED

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Section V – Eligible Countries 120

Section V - Eligible Countries

Eligibility for the Provision of Goods, Works and Non Consulting Services in
Bank-Financed Procurement

In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods
and services from the following countries are excluded from this Bidding process:
None

Under ITB 4.8 (a) and 5.1: [ONLY THE MEMBER COUNTRIES OF WORLD BANK ARE
ELIGIBLE].

Under ITB 4.8 (b) and 5.1: [ONLY THE MEMBER COUNTRIES OF WORLD BANK ARE
ELIGIBLE]

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Section VI – Fraud and Corruption 121

Section VI - Fraud and Corruption

1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under
Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of their
personnel, observe the highest standard of ethics during the procurement process, selection and
contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.

2.2 To this end, the Bank:

a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly
or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit
or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material to
the investigation or making false statements to investigators in order to materially
impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or
collusive practice; and/or threatening, harassing, or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and audit
rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for
the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other
appropriate actions, including declaring misprocurement, if the Bank determines at any time
that representatives of the Borrower or of a recipient of any part of the proceeds of the loan
Section VI – Fraud and Corruption 122

engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the

procurement process, selection and/or execution of the contract in question, without the
Borrower having taken timely and appropriate action satisfactory to the Bank to address
such practices when they occur, including by failing to inform the Bank in a timely manner
at the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract,
financially or in any other manner;1 (ii) to be a nominated2 sub-contractor, consultant,
manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a
Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or
otherwise to participate further in the preparation or implementation of any Bank-financed
project;
e. Requires that a clause be included in bidding/request for proposals documents and in
contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants,
contractors, and suppliers, and their sub-contractors, sub-consultants, service providers,
suppliers, agents personnel, permit the Bank to inspect3 all accounts, records and other
documents relating to the procurement process, selection and/or contract execution, and to
have them audited by auditors appointed by the Bank.

1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and
information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits;
and obtaining third party verification of information.

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PART 2 - Employer’s Requirements

Section VII – Employer’s Requirements 125

Section VII - Employer’s Requirements

Contents
Scope of Supply of Plant and Installation Services by the Contractor ................................. 126
Forms and Procedures ............................................................................................................... 138
Form of Completion Certificate ................................................................................................... 138
Change Order Procedure and Forms ............................................................................................ 140
Change Order Procedure .............................................................................................................. 141
Annex 1. Request for Change Proposal ...................................................................................... 142
Annex 2. Estimate for Change Proposal ..................................................................................... 144
Annex 3. Acceptance of Estimate ............................................................................................... 146
Annex 4. Change Proposal.......................................................................................................... 148
Annex 5. Change Order .............................................................................................................. 151
Annex 7. Application for Change Proposal ................................................................................ 154
Drawings ..................................................................................................................................... 156
Supplementary Information ..................................................................................................... 157
Section VII - Employer’s Requirements 126

Scope of Supply of Plant and Installation Services by the Contractor

PROJECT SPECIFIC REQUIREMENT

1. GENERAL
Jharkhand Urja Sancharan Nigam Ltd. (JUSNL), the State Transmission Utility (STU) of
Jharkhand owns and operates intra-state transmission system of Jharkhand and is
responsible for transmission of electricity to the Distribution entity of Jharkhand from the
Generating Plants of the State as well as from Central Generating Utilities and the power
contracted from other sources. JUSNL have taken up massive planning in transmission
sector to meet infrastructure needs envisaged to achieve Power for All (PFA) and to
improve quality of power supply to Domestic, Commercial & Industrial users in state of
Jharkhand. New GSS and Transmission Lines have been planned for which Government of
Jharkhand (GOJ), through Department of Economic Affairs Government of India (GOI),
has requested the World Bank for financial and technical assistance. The planned
transmission network will strengthen and augment the power transmission network in the
state of Jharkhand. The scope of this package includes Design, Engineering, Supply,
Installation, Testing & Commissioning of 220/132 kV Grid Substations at Jadugoda and
additional 132 kV Bays at Dhalbhumgarh GSS alongwith Dismantalling Works which will
be executed under World Bank’s Financial Assistance to JUSNL.

1.1. The details of Package:

The following substations are to be considered under this contract as a single lot:
Grid Sub-Station
a. New 220/132 kV, 2x200 MVA, Grid Substations at Jadugoda. Additional 2 Line
bays at existing Dhalbhumgarh GSS
b. 2 Nos of 132 kV Bays at Dhalbhumgarh GSS alongwith Dismantalling Works

2. SCOPE OF WORK
2.1. The scope of this specification covers Design, Engineering, Supply, Installation, Testing &
Commissioning including Electrical, Civil and Mechanical works for the following
substation :
2.2. 220/132 kV Jadugoda Substation
220/132 kV Jadugoda Substationwith the provision of following bays as per requirement-
220kV Switchyard: 220kV Switching scheme will be Main and Transfer Bus Details of
bays are as below:
i. 220kV Line Bays: 04 (Four) No.
ii. 220kV Transformer Bays: 2 (Two) No.

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Section VII - Employer’s Requirements 127

iii. 220kV Transfer Bus Coupler Bay: 1 (One) No.

iv. 220kV Bus Transfer Bays: 1 (One) No.
v. Rest as per BOQ

2.2.1. 132kV Switchyard: 132kV Switching scheme will be Main and Transfer Bus scheme.
Details of bays are as below:
i. 132 kV Line Bays: 04 (Four) No.
ii. 132 kV Transformer Bays: 2 (Two) No.
iii. 132kV Transfer Bus Coupler Bay: 1 (one) No.
iv. Rest as per BOQ

2.3. Additional 2 Nos of 132 KV Line Bays at existing Dhalbhumgarh Substaion and
dismentaling work of 02 Nos of 132 KV Bay and 33 KV bay and substation
galvanized steel structure of railway bay as per BOQ
 Nos of 132kV Line Bays extension at Dhalbhumgarh Substaion for termination of
following lines,
i. 132kV bays for termination of 220/132 kV Jadugoda Substation-
Dhalbhumgarh Substaion.
 Dismentaling work for 02 Nos of 132 KV Bay and 33 KV bay and substation
galvanized steel structure of railway bay as per BOQ.
2.4. 220/132 kV Jadugoda Substation
i. 220/132 kV with 2 x 200MVA capacity transformer Grid substations is proposed in
Jadugoda near Jamshedpur. This substation is planned to supply approximately 240
MW of power to the nearby locations.
ii. Design, engineering, manufacture, testing, supply on FOR destination site basis
including transportation & insurance, storage, erection, testing and commissioning of
the following equipments/items, should be complete in all respects. All equipment
should be made available for inspection before installation and commissioning to
ensure that it meets the technical specifications and satisfies all routine and type tests.
(a) 2 (Two) number of 200MVA, 220/132/33 KV Auto Power Transformer
(b) 220 KV, & 132kV circuit breakers, isolators, earth switches, current transformer,
capacitor voltage transformers, potential transformers, bus post insulators, horn
gap fuses and surge arresters.

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Section VII - Employer’s Requirements 128

(c) Complete relay & protection system as per Chapter – Control & Relay of the
technical specifications.
(d) Complete Sub Station Automation System based on latest relevant IEC including
Hardware and Software for Remote Control Station, Relay and Protection Panels /
System along with Associated Equipments and Kiosk for following Bays (Bay as
defined in Technical Specification, Chapter - Substation Automation) as per BOQ
(e) IED’s to be considered only for present scope of bays only.
(f) Fibre Optic Terminal Equipment shall be supplied and installed at Substations to
provide Speech, Data and Tele Protection applications as specification Chapter –
FOTE. OPGW cable, Junction Box will be supplied as part of Transmission Line
scope as per BOQ. However, approach cable, FODP and Terminations / Splicing
are included in present scope of supply.
(g) Digital Protection coupler along with communication cable accessories to
interface with E1 port of SDH equipment at following substations to be
considered. Digital protection coupler shall be mounted in communication panel
or control & relay panel, necessary arrangement shall be provided as applicable to
integrate with communication equipments. Digital Protection Coupler integrated
as interface card with base communication equipment is also acceptable.
Contractor shall supply necessary communication cables, control & power cable at
remote substation for providing complete protection as per BOQ

2.2.1. Additional 2 Line Bays at existing Dhalbhumgarh Substation

Two line bays will be required at Dhalbhumgarh Substation for interconnecting the 132kV
D/C Jadugoda- Dhalbhumgarh Transmission. Bidder need to inspect the site for assessing
complete project requirement for successful installation and commissioning of additional
line bays and quote accordingly
i. Design, engineering, manufacture, testing, supply on FOR destination site basis
including transportation & insurance, storage, erection, testing and commissioning
of the following equipments/items, should be complete in all respects. All
equipment should be made available for inspection before installation and
commissioning to ensure that it meets the technical specifications and satisfies all
routine and type tests.

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Section VII - Employer’s Requirements 129

(a) 132kV circuit breakers, isolators, earth switches, current transformer, capacitor
voltage transformers, potential transformers, bus post insulators, and surge
arresters.
(b) Complete relay & protection system as per Chapter – Control & Relay of the
technical specifications.
(c) Complete Sub Station Automation System based on IEC: 61850 including
Hardware and Software for Remote Control Station, Relay and Protection Panels /
System along with Associated Equipments and Kiosk for following Bays (Bay as
defined in Technical Specification, Chapter - Substation Automation):
 132kV : 2 Bays
IED’s to be considered only for present scope of bays only.
(d) Fibre Optic Terminal Equipment shall be supplied and installed at following
Substations to provide Speech, Data and Tele Protection applications as
specification Chapter – FOTE. OPGW cable, Junction Box will be supplied as
part of Transmission Line scope. However, approach cable, FODP and
Terminations / Splicing are included in present scope of supply.
 132kV Dhalbhumgarh Substation
(e) Digital Protection coupler along with communication cable accessories to
interface with E1 port of SDH equipment at following substations to be
considered. Digital protection coupler shall be mounted in communication panel
or control & relay panel, necessary arrangement shall be provided as applicable to
integrate with communication equipments as per BOQ.Digital Protection Coupler
integrated as interface card with base communication equipment is also
acceptable.
Contractor shall supply necessary communication cables, control & power cable at remote
substation for providing complete protection. DPC at remote substation shall be installed in
separate panel or shall be mounted in existing protection panel, contractor shall envisage the
space availability in existing control room & existing control & relay panel for mounting of
DPC as per space availibity.

2.2.2. General Scope for substation as applicable:

2.2.2.1. Remote fault analysis system (RFAS) as per technical specification for relay
parameterization.

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2.2.2.2. Fire detection & alarm system shall be provided for Control Building, building including
corridor and toilets, Switchyard Panel Room, Store Room, (as applicable). Portable fire
extinguishers for Power Transformer, control room building, store room and DG room.
2.2.2.3. N2 Fire protection system shall be provided for each Power transformer
2.2.2.4. Air Conditioning System (Split A/Cs)
2.2.2.5. LT Switchgear (AC/DC Distribution Boards)
2.2.2.6. 250 kVA Outdoor Silent type DG Set with acoustic Enclosure (except in Dhalbhumgarh)
2.2.2.7. 220 Volts and 48 Volts Batteries & Battery Chargers
2.2.2.8. 1.1kV grade LT power and control cables along with complete accessories. All power &
control cables shall be of FRLS type.
2.2.2.9. All cables will be laid in cable trays only and not on angle. Cables in outside trench can be
laid in ladder type trays but inside building all LT power and control cables to be laid in
perforated cable tray. 33kV cable inside buiding and tunnel to be laid in ladder type of tray.
All cable trays to be earthed suitably.
2.2.2.10. Lattice and Pipe Structures (galvanized): Design and Drawings for Structures for Towers,
Beams, and Supporting Structures for Equipment and LMs shall be developed by the
Contractor and submitted to the Owner for approval.
2.2.2.11. Gantries, Beam, to be designed for connecting Single Circuit or Double Circuit
Transmission Lines with ACSR Conductor, Earthwire etc. Also Gantries, Beams required
for interconnection of Switchyards at two different levels are also covered in the Scope of
Work. The Bidder is required to consider in quoted price.
2.2.2.12. Bus post Insulators insulator (Antifog) strings and hardware, clamps & connectors,
Aluminium tube, conductor, Bus bar and earthing materials, Bay marshalling box, cable
supporting angles/channels, Cable trays, Junction box, buried cable trenches for lighting,
PVC pipes for cabling etc.
2.2.2.13. Earthmat inside Control Room Buildings and in the Outdoor switchyard viz the entire Sub
Station Area including the space for future Bays (measurement of Earth Resistivity is in the
Scope of Bidder). Earthing of all Equipments, support structures, Gantry’s etc.
2.2.2.14. Complete Lighting and Illumination of the Switchyard including DG Set Area, Street
Lighting, Control Room Building, Street Lighting, Parking Shed, Store Rooms, Security
Room, Operation building, Staff Quarter etc. as per BOQ regarding specifications of
Lighting and Illumination of the Outdoor Yard and all other Areas refer Chapter - Lighting
System of the Technical Specifications in Volume II.
2.2.2.15. Lightning protection system.

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2.2.2.16. Mandatory Spares, Special tools/Equipments, Testing & Maintenance Equipments.

2.2.2.17. Any other equipment/material required to complete the specified scope.
2.2.2.18. Visual Monitoring System (VMS) using CCTV for complete substation watch & ward
system for monitoring all switchyard equipments as per technical specification.
2.2.2.19. Any other Equipment / Material not specifically mentioned but which may be necessary for
successful performance or installation or commissioning of the Substation is covered in the
Scope of Work.
2.2.2.20. Design, engineering, manufacture, testing, supply on for destination site basis including
transportation & insurance, storage at site of mandatory spares.
2.2.2.21. Civil Works – The scope of work shall include but shall not be limited to the following
based on design and drawings to be developed by the contractor –
(a) Foundations of 220/132 kV Power Transformers (2 nos) along with jacking pad and
pylon supports, rail track and fire resistant wall between transformers, etc
(b) Foundation of all towers, equipment’s support structures, LT transformers and DG set
(c) Cable trenches along with covers, road/rail crossings, sump pits and cable trench
crossings with roads or drains etc
(d) Roads within the boundary wall shall be RCC type.
(e) Antiweed treatment, PCC and gravel spreading are in bidder’s scope. 1:5:10 grade
and 75 mm PCC to be used. 125 mm thick gravel to be used.
(f) Control room Building, Store Room Building, , DG Room, Security room, Bungalow,
operation staff Quarter, Water Tank, Rain Water Harvesting tank, Car Parking sheds.
(g) Drains along with drain crossings with cable trenches. Drain Layout shall be
developed by contractor.
(h) Fencing of switchyard and switchyard gates.
(i) Layout and details of water supply and sewage system.
(j) Dewatering Pumps
(k) Check survey and Soil investigation, soil resistivity
(l) Contouring and site leveling – The leveling inside the substation boundary wall is to
be carried out to achieve finished ground level. The leveling area and finished ground
level of switchyard shall be decided during detailed engineering stage. The Leveling
area shall be leveled in single or multi level as per topographical features/contouring
details of substation land.
(m) Boundary wall, main gate, security room
(n) Septic tank and soak pit.

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(o) Foundation for lighting poles, bay marshalling box, panels and control cubicles of
equipments wherever required
(p) Protection work for substation boundary.
(q) Retaining Wall for Switchyards at two different levels are also covered in the Scope
of Work. Retaining wall shall be of RCC type.
(r) Any other Work specifically not mentioned in BOQ but that may be required
for completion of the Scope of Work.
2.3 Before proceeding with the construction work of the substation the Contractor shall fully
familiarize himself with the site conditions and General arrangements & scheme etc.
Though the Employer shall assist the contractor to the extent possible in obtaining the
required information, it shall not be binding for the Employer to provide the same. The
bidders are advised to visit the substation sites to acquaint themselves with the topography,
infrastructure, design philosophy and to collect required inputs so as to assess the total
requirement for completion of specified scope. The bidder shall be fully responsible for
providing all equipment, materials, system and services specified or otherwise which are
required to complete the construction and successful commissioning, operation &
maintenance of the specified scope in all respects.
2.3.1. All materials required for the Civil and construction/installation works, including cement
and steel etc., shall be supplied by the Contractor.
2.3.2. Control & Relay Panel, PLCC, RTCC Panel, FOTE Panel shall be located in control room
building
2.3.3. The complete design (unless specified otherwise in specification elsewhere) and detailed
engineering shall be done by the contractor and submitted for owners review & approval.
2.3.4. JUSNL may appoint a Project Management Consultant (PMC) to monitor and supervise the
day to day works and carry out quality assurance activities. The roles and responsibilities of
PMC and Employer shall be advised to the Contractor.
2.4 The Contractor shall also be responsible for the overall co-ordination with internal/external
agencies, project management, training of Employer’s manpower, loading, unloading,
handling, moving to final destination including Employer supplied material for successful
erection, testing and commissioning of the substation/switchyard.
2.5 Design of substation and its associated electrical & mechanical auxiliaries systems includes
preparation of single line diagrams and electrical layouts, erection key diagrams, electrical
and physical clearance diagrams, design calculations for Earth mat, Direct Stroke Lightning
Protection (DSLP), Bus Bar & Spacers, control and protection schematics, wiring and

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termination schedules, design of firefighting system, designs and drawings of civil works
and structures including proto corrected drawings for structures, indoor and outdoor
lighting/illumination and all other relevant drawings & documents required for engineering
of all facilities to be provided under this contract, are covered in the scope of the Contractor.
2.6 Any other items not specifically mentioned in the specification/BOQ but which are
required for erection, testing and commissioning and satisfactory operation of the
substation are deemed to be included in the scope of the specification/BOQ unless
specifically excluded.

2.7 SPECIFIC EXCLUSIONS.

The following items of work are specifically excluded from the scope of the specifications:
(a) 400kV & 72.5kV equipment details in relevant Chapters not applicable for
220/132 kV GSS.
(b) Switchyard panel room
2.8 Owner has standardized its technical specification for various equipments and works for
different voltage levels. Items which are not applicable for the scope of these packages, the
technical specification for such items shall not be referred to.
2.9 Contractor shall provide Type Test Certificate, not older than five years, for all major
equipments included in the scope of supply. If Type Test Certificate is not available
contractor shall arrange to carry out Type Tests without any additional cost and any change
in contract completion period.
3. PHYSICAL AND OTHER PARAMETERS
3.1 Location of the Substations –
The substation is near Jamshedpur.
Jadugoda Substation is located near
Start Point Jadugoda (District East Singhbhum)
E - 443835.11
Co ordinate
N - 2494621.08
Latitude 22°41'24"N
Longitude 86°15'27.9"E

Chakuliya Substation is located near

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3.2 Meteorological data

(a) Altitude above sea level – 387 m
(b) Max Ambient Temperature – 45 °C
(c) Design Ambient Temperature -50 °C
(d) Average Humidity – 80%
(e) Average annual rainfall – 1327mm
(f) The substation location is lying in the wind zone 4
(g) Seismic requirement for substation: zone as per IS code

3.3 Soil Data :

All the data regarding Soil investigation, Soil resistivity, Detailed Terrain Model (DTM),
etc for substation land will be don by the Contractor.

3.4 The fault Level of all equipment to be supplied shall be as indicated below:
Sr. No Voltage Level Fault Level
1 220kV 50 kA for 1 sec
2 132kV 31.5 kA for 1 sec
4. BASIC REFERENCE DRAWINGS
4.1 The auxiliary transformers of rating 630kVA shall be used to feed the substation auxiliaries.
5. DIFFERENT CHAPTERS OF TECHNICAL SPECIFICATION
5.1 For the purpose of present scope of work, technical specification (Vol II) shall be read in
conjunction with each other.
5.2 In case of any discrepancy between Chapter-Project Specific Requirement (Volume - I) and
Chapter-GTR / other technical specifications on scope of works (Volume – II), Chapter-
Project Specific Requirement shall prevail over all other Chapters. In case of any
discrepancy between Chapter-GTR and individual Chapters for various equipments,
requirement of individual equipment Chapter shall prevail. Discrepancy between drawings
& Chapter-Project/Technical specifications, requirement of Chapter Project/Technical
specifications shall prevail. In case of any discrepancy between price schedule and GTR,
price schedule shall prevail.
5.3 The equipment which is not covered in Section III, clause 3.1(b) must be procured from
qualified sources and should meet technical specifications and industry standards.

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6. MANDATORY SPARES
6.1 The mandatory spares shall be included in the bid proposal by the bidder. The prices of
these spares shall be given by the Bidder in the relevant schedule of Bid Price Schedule and
shall be considered for evaluation of bid. The bidder is clarified that no mandatory spares
shall be used during the commissioning of the equipment..
6.2 The items and quantity of recommended spares are to be specified by bidder and their price
should not be included in the lump sum price, but quoted on unit rate basis under schedule
VI.
6.3 The addition spare for successful operation of SAS for 5 years beyond guarantee period
should also be indicated. This shall include Cards and other electronic components which
undergoes design change quite frequently due to up gradation. However, price of such
addition spares shall not be considered for evaluation purpose. SAS should include cost of
mandatory spares and shall be considered during tender evaluation.
7. SPECIAL TOOLS AND TACKLES
7.1 The bidder shall include in his proposal the cost of all special tools and tackles required for
erection, testing, commissioning and maintenance of equipment. Bidder shall provide a list
of all such devices. In addition to this, the Contractor shall also furnish a list of special tools
and tackles for the various equipment in a manner to be referred by the Owner during the
operation of these equipment. The scope of special tools and tackles are to be decided
during detail engineering and the list of special tools and tackles, if any shall be finalized.
8. COMMISSIONING SPARES
8.1 The bidder shall include in his proposal the cost of all commissioning spares, consumables,
oil and lubricants etc. for testing and commissioning of equipments. Bidder shall provide a
list of all such devices. No extra cost will be paid for the same. The unutilized spares if any
brought for commissioning purpose shall be taken back by the contractor.

9. FACILITIES TO BE PROVIDED BY THE EMPLOYER

9.1 Auxiliary HT (33 or 11 KV) power supply (Discom) at sub-station may be made available
on chargeable basis at a single point in the sub-station site, if available. The prevailing
energy rates of the state shall be applicable. All further distribution from the same for
construction supply shall be made by the contractor. However, in case of non-availability or
failure of power due to any unavoidable circumstances, the contractor shall make his own
necessary arrangements like diesel generator sets etc. at his own cost so that progress of

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work is not affected and Employer shall in no case be responsible for any delay in works
because of non-availability of power.
9.2 Construction water supply may be made available at a single point in the substation at
chargeable basis by the owner, if available. The prevailing water rates of the state shall be
applicable. All further distribution for the same shall be made by the Contractor. In case of
non-availability or inadequate availability of water for construction work, the contractor
shall make his own arrangement at his own cost and the Employer shall in no case be
responsible for any delay in works because of non-availability or inadequate availability of
water.

10. SPECIFIC REQUIREMENT

10.1 The bidders are advised to visit substation site and acquaint themselves with the
topography, infrastructure, etc.
10.2 The Contractor shall be responsible for safety of humans and equipment during the
working. It will be the responsibility of the Contractor to co-ordinate and facilitate to obtain
Electrical Inspector's clearance before commissioning. The contractor shall arrange all T&P
(such as necessary supports, cranes, ladders, platforms etc) for erection, testing &
commissioning of the system at his own cost. Further, all consumables, wastage and
damages shall be to the account of contractor.
10.3 Erection, testing and commissioning of circuit breaker, Isolators, Substation automation
system, Control and Protection Panel shall be done by the contractors under the supervision
of respective equipment manufacturers. Charges for the above supervision shall be included
by the bidder in the erection charges for the respective equipment in the Bid Price Schedule.
10.4 The lighting fixtures for switchyard lighting shall be mounted on LM’s wherever LMs can
be located. Where LMs cannot be located, the fixtures may be mounted on Gantry structures
or on lighting poles to be provided by the contractor.
10.5 The frequency range for the earthquake spectra shall be as per IEC-62271-300 for circuit
Breaker.
10.6 Transmission line side insulator string (including hardware) i.e. tension insulator on the line
side of the take off gantry for 220 kV & 132 kV lines termination is under the scope of this
package.
11. PRECOMMISSIONING, COMMISSIONING, TRIAL-RUN & COMPLETION
As soon as the facilities covered by these specifications are physically completed in all the
respects, the pre-commissioning, Commissioning, trial-run and completion of the facilities,

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as mentioned below, shall be attained in accordance with the procedure given in the
condition of contract.
i. Pre Commissioning : As per relevant Chapters
ii. Commissioning: Charging of the facilities at rated voltage

Further, wherever appearing in these specifications, the words – ‘Commissioning checks’,

‘installation checks’, ‘site tests’, ‘performance guarantee tests for fire protection system’, are
to be considered as ‘pre-commissioning checks’.
iii. Trial-run: Operation of the facilities or any part
there of by the contractor immediately after
commissioning for a continuous period of 72
(seventy two) hours. In case of interruption due to
problem/failure in the respective equipment, the
contractor shall rectify the problem and continuous
72 (seventy two) hours period shall start again after
such rectification
iv. Completion: Upon Successful completion of trial-run

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Forms and Procedures

Form of Completion Certificate

Date:
Loan/Credit No:
RFB No:
______________________________

To: _________________________________

Dear Ladies and/or Gentlemen,

Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract
entered into between yourselves and the Employer dated _____________, relating to the
____________________, we hereby notify you that the following part(s) of the Facilities was (were)
complete on the date specified below, and that, in accordance with the terms of the Contract, the
Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for care
and custody and the risk of loss thereof on the date mentioned below.

1. Description of the Facilities or part thereof: ______________________________

2. Date of Completion: __________________

However, you are required to complete the outstanding items listed in the attachment hereto as soon
as practicable.

This letter does not relieve you of your obligation to complete the execution of the Facilities in
accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,

Title
(Project Manager)

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Form of Operational Acceptance Certificate

Date:
Loan/Credit No:
RFB No:

_________________________________________

To: ________________________________________

Dear Ladies and/or Gentlemen,

Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the
Contract entered into between yourselves and the Employer dated _______________, relating to the
___________________________________, we hereby notify you that the Functional Guarantees of
the following part(s) of the Facilities were satisfactorily attained on the date specified below.

1. Description of the Facilities or part thereof: _______________________________

2. Date of Operational Acceptance: _______________________
This letter does not relieve you of your obligation to complete the execution of the Facilities in
accordance with the Contract nor of your obligations during the Defect Liability Period.

Very truly yours,

Title
(Project Manager)

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Change Order Procedure and Forms

Date:
Loan/Credit No:
RFB No:

CONTENTS

1. General
2. Change Order Log
3. References for Changes

ANNEXES

Annex 1 Request for Change Proposal

Annex 2 Estimate for Change Proposal
Annex 3 Acceptance of Estimate
Annex 4 Change Proposal
Annex 5 Change Order
Annex 6 Pending Agreement Change Order
Annex 7 Application for Change Proposal

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Change Order Procedure

1. General
This section provides samples of procedures and forms for implementing changes in the
Facilities during the performance of the Contract in accordance with GCC Clause 39 (Change
in the Facilities) of the General Conditions.
2. Change Order Log
The Contractor shall keep an up-to-date Change Order Log to show the current status of
Requests for Change and Changes authorized or pending, as Annex 8. Entries of the Changes
in the Change Order Log shall be made to ensure that the log is up-to-date. The Contractor
shall attach a copy of the current Change Order Log in the monthly progress report to be
submitted to the Employer.
3. References for Changes
(1) Request for Change as referred to in GCC Clause 39 shall be serially numbered CR-X-
nnn.
(2) Estimate for Change Proposal as referred to in GCC Clause 39 shall be serially numbered
CN-X-nnn.
(3) Acceptance of Estimate as referred to in GCC Clause 39 shall be serially numbered CA-
X-nnn.
(4) Change Proposal as referred to in GCC Clause 39 shall be serially numbered CP-X-nnn.
(5) Change Order as referred to in GCC Clause 39 shall be serially numbered CO-X-nnn.
Note: (a) Requests for Change issued from the Employer’s Home Office and the Site
representatives of the Employer shall have the following respective references:

Home Office CR-H-nnn

Site CR-S-nnn

(b) The above number “nnn” is the same for Request for Change, Estimate for
Change Proposal, Acceptance of Estimate, Change Proposal and Change Order.

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Annex 1. Request for Change Proposal

(Employer’s Letterhead)

To: ____________________________________ Date:

Attention: ______________________________________

Contract Name: _________________________________

Contract Number: _______________________________

Dear Ladies and/or Gentlemen:

With reference to the captioned Contract, you are requested to prepare and submit a Change Proposal
for the Change noted below in accordance with the following instructions within _______________
days of the date of this letter____________________.

1. Title of Change: ________________________

2. Change Request No. __________________
3. Originator of Change: Employer: _______________________________
Contractor (by Application for Change Proposal No. _______11:
4. Brief Description of Change: _________________________________________________
5. Facilities and/or Item No. of equipment related to the requested Change: _____________
6. Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No. Description

7. Detailed conditions or special requirements on the requested Change: ________________

8. General Terms and Conditions:
(a) Please submit your estimate to us showing what effect the requested Change will have on
the Contract Price.

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(b) Your estimate shall include your claim for the additional time, if any, for completion of
the requested Change.
(c) If you have any opinion negative to the adoption of the requested Change in connection
with the conformability to the other provisions of the Contract or the safety of the Plant or
Facilities, please inform us of your opinion in your proposal of revised provisions.
(d) Any increase or decrease in the work of the Contractor relating to the services of its
personnel shall be calculated.
(e) You shall not proceed with the execution of the work for the requested Change until we
have accepted and confirmed the amount and nature in writing.

(Employer’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

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Annex 2. Estimate for Change Proposal

(Contractor’s Letterhead)

To: ______________________________ Date:

Attention: _______________________________

Contract Name: _______________________________

Contract Number: _____________________________

Dear Ladies and/or Gentlemen:

With reference to your Request for Change Proposal, we are pleased to notify you of the approximate
cost of preparing the below-referenced Change Proposal in accordance with GCC Sub-Clause 39.2.1
of the General Conditions. We acknowledge that your agreement to the cost of preparing the Change
Proposal, in accordance with GCC Sub-Clause 39.2.2, is required before estimating the cost for
change work.

1. Title of Change: ________________________

2. Change Request No./Rev.: ____________________________

3. Brief Description of Change: __________________________

4. Scheduled Impact of Change: ___________________________

5. Cost for Preparation of Change Proposal: _______________12

(a) Engineering (Amount)

(i) Engineer hrs x rate/hr =

(ii) Draftsperson hrs x rate/hr =

Sub-total hrs

Total Engineering Cost

(b) Other Cost

Total Cost (a) + (b)

12
Costs shall be in Rs.

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(Contractor’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

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Annex 3. Acceptance of Estimate

(Employer’s Letterhead)

To: ______________________________ Date:

Attention: ________________________________ [Name and title]

Contract Name: _____________________________

Contract Number: ___________________________

Dear Ladies and/or Gentlemen:

We hereby accept your Estimate for Change Proposal and agree that you should proceed with the
preparation of the Change Proposal.

1. Title of Change: ___________________________

2. Change Request No./Rev.: _______________________________

3. Estimate for Change Proposal No./Rev.: _______________________________

4. Acceptance of Estimate No./Rev.: _______________________________

5. Brief Description of Change: _______________________________

6. Other Terms and Conditions: In the event that we decide not to order the Change accepted, you
shall be entitled to compensation for the cost of preparation of Change Proposal described in
your Estimate for Change Proposal mentioned in para. 3 above in accordance with GCC Clause
39 of the General Conditions.

(Employer’s Name)

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(Signature)

(Name and Title of signatory)

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Annex 4. Change Proposal

(Contractor’s Letterhead)

To: _____________________[Employer’s name and address] Date:

Attention: _______________________________ [Name and title]

Contract Name: _______________________________

Contract Number: _______________________________

Dear Ladies and/or Gentlemen:

In response to your Request for Change Proposal No. _______________________________, we

hereby submit our proposal as follows:

1. Title of Change: _______________________________

2. Change Proposal No./Rev.: _______________________________

3. Originator of Change: Employer: [_______________________________

Contractor: _______________________________

4. Brief Description of Change: _______________________________

5. Reasons for Change: _______________________________

6. Facilities and/or Item No. of Equipment related to the requested Change:

_______________________________

7. Reference drawings and/or technical documents for the requested Change:

Drawing/Document No. Description

8. Estimate of increase/decrease to the Contract Price resulting from Change Proposal: 13

(Amount)

13
Costs shall be in Rs.

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(a) Direct material

(b) Major construction equipment

(c) Direct field labor (Total hrs)

(d) Subcontracts

(e) Indirect material and labor

(f) Site supervision

(g) Head office technical staff salaries

Process engineer hrs @ rate/hr

Project engineer hrs @ rate/hr

Equipment engineer hrs @ rate/hr

Procurement hrs @ rate/hr

Draftsperson hrs @ rate/hr

Total hrs

(h) Extraordinary costs (computer, travel, etc.)

(i) Fee for general administration, % of Items

(j) Taxes and duties

Total lump sum cost of Change Proposal

(Sum of items (a) to (j))

Cost to prepare Estimate for Change Proposal

(Amount payable if Change is not accepted)

9. Additional time for Completion required due to Change Proposal

10. Effect on the Functional Guarantees

11. Effect on the other terms and conditions of the Contract

12. Validity of this Proposal: within [Number] days after receipt of this Proposal by the Employer

13. Other terms and conditions of this Change Proposal:

(a) You are requested to notify us of your acceptance, comments or rejection of this detailed
Change Proposal within ______________ days from your receipt of this Proposal.

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(b) The amount of any increase and/or decrease shall be taken into account in the adjustment
of the Contract Price.
(c) Contractor’s cost for preparation of this Change Proposal: 2

(Contractor’s Name)

(Signature)

(Name of signatory)

(Title of signatory)

2
Specify where necessary.

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Annex 5. Change Order

(Employer’s Letterhead)

To: ___________________ [Contractor’s name and address] Date:

Attention: _______________________________ [Name and title]

Contract Name: _______________________________

Contract Number: _______________________________

Dear Ladies and/or Gentlemen:

We approve the Change Order for the work specified in the Change Proposal (No. _______), and
agree to adjust the Contract Price, Time for Completion and/or other conditions of the Contract in
accordance with GCC Clause 39 of the General Conditions.
1. Title of Change: _______________________________
2. Change Request No./Rev.: _______________________________
3. Change Order No./Rev.: _______________________________
4. Originator of Change: Employer: _______________________________
Contractor: _______________________________
5. Authorized Price:
Ref. No.: _______________________________ Date:
__________________________
Rs. __________
6. Adjustment of Time for Completion
None Increase _________ days Decrease _________ days
7. Other effects, if any

Authorized by: Date:

(Employer)

Accepted by: Date:

(Contractor)

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Annex 6. Pending Agreement Change Order

(Employer’s Letterhead)

To: __________________ [Contractor’s name and address] Date:

Attention: _______________________________ [Name and title]

Contract Name: _______________________________

Contract Number: _______________________________

Dear Ladies and/or Gentlemen:

We instruct you to carry out the work in the Change Order detailed below in accordance with GCC
Clause 39 of the General Conditions.

1. Title of Change: _______________________________

2. Employer’s Request for Change Proposal No./Rev.:

_______________________________dated: __________

3. Contractor’s Change Proposal No./Rev.: _______________________________ dated:

__________

4. Brief Description of Change: _______________________________

5. Facilities and/or Item No. of equipment related to the requested Change:

_______________________________

6. Reference Drawings and/or technical documents for the requested Change:

Drawing/Document No. Description

7. Adjustment of Time for Completion:

8. Other change in the Contract terms:

9. Other terms and conditions:

(Employer’s Name)

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(Signature)

(Name of signatory)

(Title of signatory)

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Annex 7. Application for Change Proposal

(Contractor’s Letterhead)

To: _______________________ [Employer’s name and address] Date:

Attention: _______________________________ [Name and title]

Contract Name: _______________________________

Contract Number: _______________________________

Dear Ladies and/or Gentlemen:

We hereby propose that the below-mentioned work be treated as a Change in the Facilities.

1. Title of Change: _______________________________

2. Application for Change Proposal No./Rev.: _______________________________ dated:

_______________________________

3. Brief Description of Change: _______________________________

4. Reasons for Change:

5. Order of Magnitude Estimation (Rs.):

6. Scheduled Impact of Change:

7. Effect on Functional Guarantees, if any:

8. Appendix:

(Contractor’s Name)

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(Signature)

(Name of signatory)

(Title of signatory)

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Drawings

Contractor to do detail engineering and submit Good for Construction (GFC) drawings for
Employer’s review and approval before site implementation. The Contractor shall also submit Vendor
drawings in respect of equipment for JUSNL Engineer’s review and approval before manufacturing.

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Supplementary Information

Not Applicable.

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PART 3 – Conditions of Contract and Contract Forms

Section IX – Particular Conditions of Contract 161

Section VIII - General Conditions of Contract

Table of Clauses

A. Contract and Interpretation ............................................................................................... 163

1. Definitions .......................................................................................................................... 163
2. Contract Documents ........................................................................................................... 166
3. Interpretation ...................................................................................................................... 166
4. Communications ................................................................................................................ 167
5. Law and Language ............................................................................................................. 168
6. Fraud and Corruption ......................................................................................................... 168
B. Subject Matter of Contract................................................................................................. 168
7. Scope of Facilities .............................................................................................................. 168
8. Time for Commencement and Completion ........................................................................ 169
9. Contractor’s Responsibilities ............................................................................................. 169
10. Employer’s Responsibilities............................................................................................... 171
C. Payment ................................................................................................................................ 172
11. Contract Price ..................................................................................................................... 172
12. Terms of Payment .............................................................................................................. 172
13. Securities ............................................................................................................................ 173
14. Taxes and Duties ................................................................................................................ 174
D. Intellectual Property ........................................................................................................... 175
15. License/Use of Technical Information ............................................................................... 175
16. Confidential Information.................................................................................................... 175
E. Execution of the Facilities ................................................................................................... 176
17. Representatives .................................................................................................................. 176
18. Work Program .................................................................................................................... 178
19. Subcontracting ................................................................................................................... 180
20. Design and Engineering ..................................................................................................... 180
21. Procurement ....................................................................................................................... 183
22. Installation .......................................................................................................................... 184
23. Test and Inspection ............................................................................................................ 192
24. Completion of the Facilities ............................................................................................... 194
Section VIII – General Conditions of Contract 162

25. Commissioning and Operational Acceptance .................................................................... 196

F. Guarantees and Liabilities .................................................................................................. 199
26. Completion Time Guarantee .............................................................................................. 199
27. Defect Liability .................................................................................................................. 200
28. Functional Guarantees ........................................................................................................ 202
29. Patent Indemnity ................................................................................................................ 203
30. Limitation of Liability ........................................................................................................ 204
G. Risk Distribution ................................................................................................................. 205
31. Transfer of Ownership ....................................................................................................... 205
32. Care of Facilities ................................................................................................................ 205
33. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification ............ 207
34. Insurance ............................................................................................................................ 208
35. Unforeseen Conditions ....................................................................................................... 210
36. Change in Laws and Regulations ....................................................................................... 212
37. Force Majeure .................................................................................................................... 212
38. War Risks ........................................................................................................................... 214
H. Change in Contract Elements ............................................................................................ 215
39. Change in the Facilities ...................................................................................................... 215
40. Extension of Time for Completion .................................................................................... 219
41. Suspension ......................................................................................................................... 220
42. Termination ........................................................................................................................ 222
43. Assignment......................................................................................................................... 229
44. Export Restrictions ............................................................................................................. 229
I. Claims, Disputes and Arbitration ...................................................................................... 229
45. Contractor’s Claims ........................................................................................................... 229
46. Disputes and Arbitration .................................................................................................... 231

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General Conditions of Contract

A. Contract and Interpretation

1. Definitions 1.1 The following words and expressions shall have the meanings hereby
assigned to them:

“Contract” means the Contract Agreement entered into between the

Employer and the Contractor, together with the Contract Documents referred
to therein; they shall constitute the Contract, and the term “the Contract”
shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.1 (Contract

Documents) of the Contract Agreement (including any amendments thereto).

“GCC” means the General Conditions of Contract hereof.

“PCC” means the Particular Conditions of Contract.

“day” means calendar day.

“year” means 365 days.

“month” means calendar month.

“Party” means the Employer or the Contractor, as the context requires, and
“Parties” means both of them.

“Employer” means the person named as such in the PCC and includes the
legal successors or permitted assigns of the Employer.

“Project Manager” means the person appointed by the Employer in the

manner provided in GCC Sub-Clause 17.1 (Project Manager) hereof and
named as such in the PCC to perform the duties delegated by the
Employer.

“Contractor” means the person(s) whose Bid to perform the Contract has
been accepted by the Employer and is named as Contractor in the Contract
Agreement, and includes the legal successors or permitted assigns of the
Contractor.

“Contractor’s Representative” means any person nominated by the

Contractor and approved by the Employer in the manner provided in GCC
Sub-Clause 17.2 (Contractor’s Representative and Construction Manager)
hereof to perform the duties delegated by the Contractor.

“Construction Manager” means the person appointed by the Contractor’s

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Representative in the manner provided in GCC Sub-Clause 17.2.4.

“Subcontractor,” including manufacturers, means any person to whom

execution of any part of the Facilities, including preparation of any design or
supply of any Plant, is sub-contracted directly or indirectly by the
Contractor, and includes its legal successors or permitted assigns.

“The Adjudicator” is the person appointed jointly by the Employer and the
Contractor to resolve disputes in the first instance, as provided for in GCC
46

“The Bank” means the financing institution named in the PCC.

“Contract Price” means the sum specified in Article 2.1 (Contract Price) of
the Contract Agreement, subject to such additions and adjustments thereto or
deductions therefrom, as may be made pursuant to the Contract.

“Facilities” means the Plant to be supplied and installed, as well as all the
Installation Services to be carried out by the Contractor under the Contract.

“Plant” means permanent plant, equipment, machinery, apparatus, materials,

articles and things of all kinds to be provided and incorporated in the
Facilities by the Contractor under the Contract (including the spare parts to
be supplied by the Contractor under GCC Sub-Clause 7.3 hereof), but does
not include Contractor’s Equipment.

“Installation Services” means all those services ancillary to the supply of the
Plant for the Facilities, to be provided by the Contractor under the Contract,
such as transportation and provision of marine or other similar insurance,
inspection, expediting, site preparation works (including the provision and
use of Contractor’s Equipment and the supply of all construction materials
required), installation, testing, precommissioning, commissioning,
operations, maintenance, the provision of operations and maintenance
manuals, training, etc… as the case may require.

“Contractor’s Equipment” means all facilities, equipment, machinery, tools,

apparatus, appliances or things of every kind required in or for installation,
completion and maintenance of Facilities that are to be provided by the
Contractor, but does not include Plant, or other things intended to form or
forming part of the Facilities.

“Country of Origin” means the countries and territories eligible under the
rules of the Bank as further elaborated in the PCC.

“Site” means the land and other places upon which the Facilities are to be
installed, and such other land or places as may be specified in the Contract as
forming part of the Site.

“Effective Date” means the date of fulfillment of all conditions stated in

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Article 3 (Effective Date) of the Contract Agreement, from which the Time
for Completion shall be counted.

“Time for Completion” means the time within which Completion of the
Facilities as a whole (or of a part of the Facilities where a separate Time for
Completion of such part has been prescribed) is to be attained, as referred to
in GCC Clause 8 and in accordance with the relevant provisions of the
Contract.

“Completion” means that the Facilities (or a specific part thereof where
specific parts are specified in the Contract) have been completed
operationally and structurally and put in a tight and clean condition, that all
work in respect of Precommissioning of the Facilities or such specific part
thereof has been completed, and that the Facilities or specific part thereof are
ready for Commissioning as provided in GCC Clause 24 (Completion)
hereof.

“Precommissioning” means the testing, checking and other requirements

specified in the Employer’s Requirements that are to be carried out by the
Contractor in preparation for Commissioning as provided in GCC Clause 24
(Completion) hereof.

“Commissioning” means operation of the Facilities or any part thereof by the

Contractor following Completion, which operation is to be carried out by the
Contractor as provided in GCC Sub-Clause 25.1 (Commissioning) hereof,
for the purpose of carrying out Guarantee Test(s).

“Guarantee Test(s)” means the test(s) specified in the Employer’s

Requirements to be carried out to ascertain whether the Facilities or a
specified part thereof is able to attain the Functional Guarantees specified in
the Appendix to the Contract Agreement titled Functional Guarantees, in
accordance with the provisions of GCC Sub-Clause 25.2 (Guarantee Test)
hereof.

“Operational Acceptance” means the acceptance by the Employer of the

Facilities (or any part of the Facilities where the Contract provides for
acceptance of the Facilities in parts), which certifies the Contractor’s
fulfillment of the Contract in respect of Functional Guarantees of the
Facilities (or the relevant part thereof) in accordance with the provisions of
GCC Clause 28 (Functional Guarantees) hereof and shall include deemed
acceptance in accordance with GCC Clause 25 (Commissioning and
Operational Acceptance) hereof.

“Defect Liability Period” means the period of validity of the warranties

given by the Contractor commencing at Completion of the Facilities or a part
thereof, during which the Contractor is responsible for defects with respect
to the Facilities (or the relevant part thereof) as provided in GCC Clause 27
(Defect Liability) hereof.

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2. Contract 2.1 Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all
Documents documents forming part of the Contract (and all parts thereof) are intended
to be correlative, complementary and mutually explanatory. The Contract
shall be read as a whole.

3. Interpretation 3.1 In the Contract, except where the context requires otherwise:

(a) words indicating one gender include all genders;

(b) words indicating the singular also include the plural and words
indicating the plural also include the singular;

(c) provisions including the word “agree,” “agreed,” or “agreement”

require the agreement to be recorded in writing;

(d) the word “tender” is synonymous with “Bid,” “tenderer,” with

“Bidder,” and “tender documents” with “Bidding Document,” and

(e) “written” or “in writing” means hand-written, type-written, printed or

electronically made, and resulting in a permanent record.

The marginal words and other headings shall not be taken into consideration
in the interpretation of these Conditions.

3.2 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of any
trade term and the rights and obligations of Parties thereunder shall be as
prescribed by Incoterms.

Incoterms means international rules for interpreting trade terms published by

the International Chamber of Commerce (latest edition), 38 Cours Albert 1er,
75008 Paris, France.

3.3 Entire Agreement

Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire
agreement between the Employer and Contractor with respect to the subject
matter of Contract and supersedes all communications, negotiations and
agreements (whether written or oral) of Parties with respect thereto made
prior to the date of Contract.

3.4 Amendment

No amendment or other variation of the Contract shall be effective unless it

is in writing, is dated, expressly refers to the Contract, and is signed by a
duly authorized representative of each Party hereto.

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3.5 Independent Contractor

The Contractor shall be an independent contractor performing the Contract.

The Contract does not create any agency, partnership, joint venture or other
joint relationship between the Parties hereto. Subject to the provisions of the
Contract, the Contractor shall be solely responsible for the manner in which
the Contract is performed. All employees, representatives or Subcontractors
engaged by the Contractor in connection with the performance of the
Contract shall be under the complete control of the Contractor and shall not
be deemed to be employees of the Employer, and nothing contained in the
Contract or in any subcontract awarded by the Contractor shall be construed
to create any contractual relationship between any such employees,
representatives or Subcontractors and the Employer.

3.6 Non-Waiver

3.6.1 Subject to GCC Sub-Clause 3.6.2 below, no relaxation, forbearance,

delay or indulgence by either Party in enforcing any of the terms and
conditions of the Contract or the granting of time by either Party to
the other shall prejudice, affect or restrict the rights of that Party under
the Contract, nor shall any waiver by either Party of any breach of
Contract operate as waiver of any subsequent or continuing breach of
Contract.

3.6.2 Any waiver of a Party’s rights, powers or remedies under the Contract
must be in writing, must be dated and signed by an authorized
representative of the Party granting such waiver, and must specify the
right and the extent to which it is being waived.

3.7 Severability

If any provision or condition of the Contract is prohibited or rendered invalid

or unenforceable, such prohibition, invalidity or unenforceability shall not
affect the validity or enforceability of any other provisions and conditions of
the Contract.

3.8 Country of Origin

“Origin” means the place where the plant and component parts thereof are
mined, grown, produced or manufactured, and from which the services are
provided. Plant components are produced when, through manufacturing,
processing, or substantial or major assembling of components, a
commercially recognized product results that is substantially in its basic
characteristics or in purpose or utility from its components.

4. Communica- 4.1 Wherever these Conditions provide for the giving or issuing of approvals,
tions certificates, consents, determinations, notices, requests and discharges, these

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communications shall be:

(a) in writing and delivered against receipt; and

(b) delivered, sent or transmitted to the address for the recipient’s

communications as stated in the Contract Agreement.

When a certificate is issued to a Party, the certifier shall send a copy to the
other Party. When a notice is issued to a Party, by the other Party or the
Project Manager, a copy shall be sent to the Project Manager or the other
Party, as the case may be.

5. Law and 5.1 The Contract shall be governed by and interpreted in accordance with laws
Language of the country specified in the PCC.

5.2 The ruling language of the Contract shall be that stated in the PCC.

5.3 The language for communications shall be the ruling language unless
otherwise stated in the PCC.

6. Fraud and 6.1 The Bank requires compliance with the Bank’s Anti-Corruption Guidelines
Corruption and its prevailing sanctions policies and procedures as set forth in the
WBG’s Sanctions Framework, as set forth in Appendix B to the GCC.
6.2 The Employer requires the Contractor to disclose any commissions or fees
that may have been paid or are to be paid to agents or any other party with
respect to the Bidding process or execution of the Contract. The information
disclosed must include at least the name and address of the agent or other
party, the amount and currency, and the purpose of the commission, gratuity
or fee.

B. Subject Matter of Contract

7. Scope of 7.1 Unless otherwise expressly limited in the Employer’s Requirements, the
Facilities Contractor’s obligations cover the provision of all Plant and the
performance of all Installation Services required for the design, and the
manufacture (including procurement, quality assurance, construction,
installation, associated civil works, Precommissioning and delivery) of the
Plant, and the installation, completion and commissioning of the Facilities
in accordance with the plans, procedures, specifications, drawings, codes
and any other documents as specified in the Section, Employer’s
Requirements. Such specifications include, but are not limited to, the
provision of supervision and engineering services; the supply of labor,
materials, equipment, spare parts (as specified in GCC Sub-Clause 7.3
below) and accessories; Contractor’s Equipment; construction utilities and
supplies; temporary materials, structures and facilities; transportation

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(including, without limitation, unloading and hauling to, from and at the
Site); and storage, except for those supplies, works and services that will
be provided or performed by the Employer, as set forth in the Appendix to
the Contract Agreement titled Scope of Works and Supply by the
Employer.

7.2 The Contractor shall, unless specifically excluded in the Contract, perform
all such work and/or supply all such items and materials not specifically
mentioned in the Contract but that can be reasonably inferred from the
Contract as being required for attaining Completion of the Facilities as if
such work and/or items and materials were expressly mentioned in the
Contract.

7.3 In addition to the supply of Mandatory Spare Parts included in the

Contract, the Contractor agrees to supply spare parts required for the
operation and maintenance of the Facilities for the period specified in the
PCC and the provisions, if any, specified in the PCC. However, the
identity, specifications and quantities of such spare parts and the terms and
conditions relating to the supply thereof are to be agreed between the
Employer and the Contractor, and the price of such spare parts shall be
that given in Price Schedule No. 6, which shall be added to the Contract
Price. The price of such spare parts shall include the purchase price
therefor and other costs and expenses (including the Contractor’s fees)
relating to the supply of spare parts.

8. Time for 8.1 The Contractor shall commence work on the Facilities within the period
Commencement specified in the PCC and without prejudice to GCC Sub-Clause 26.2
and Completion hereof, the Contractor shall thereafter proceed with the Facilities in
accordance with the time schedule specified in the Appendix to the
Contract Agreement titled Time Schedule.

8.2 The Contractor shall attain Completion of the Facilities or of a part where
a separate time for Completion of such part is specified in the Contract,
within the time stated in the PCC or within such extended time to which
the Contractor shall be entitled under GCC Clause 40 hereof.

9. Contractor’s 9.1 The Contractor shall design, manufacture including associated purchases
Responsibilities and/or subcontracting, install and complete the Facilities in accordance
with the Contract. When completed, the Facilities should be fit for the
purposes for which they are intended as defined in the Contract.

9.2 The Contractor confirms that it has entered into this Contract on the basis
of a proper examination of the data relating to the Facilities including any
data as to boring tests provided by the Employer, and on the basis of
information that the Contractor could have obtained from a visual
inspection of the Site if access thereto was available and of other data
readily available to it relating to the Facilities as of the date twenty-eight

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(28) days prior to Bid submission. The Contractor acknowledges that any
failure to acquaint itself with all such data and information shall not
relieve its responsibility for properly estimating the difficulty or cost of
successfully performing the Facilities.

9.3 The Contractor shall acquire and pay for all permits, approvals and/or
licenses from all local, state or national government authorities or public
service undertakings in the country where the Site is located which such
authorities or undertakings require the Contractor to obtain in its name and
which are necessary for the performance of the Contract, including,
without limitation, visas for the Contractor’s and Subcontractor’s
personnel and entry permits for all imported Contractor’s Equipment. The
Contractor shall acquire all other permits, approvals and/or licenses that
are not the responsibility of the Employer under GCC Sub-Clause 10.3
hereof and that are necessary for the performance of the Contract.

9.4 The Contractor shall comply with all laws in force in the country where
the Facilities are to be implemented. The laws will include all local, state,
national or other laws that affect the performance of the Contract and bind
upon the Contractor. The Contractor shall indemnify and hold harmless
the Employer from and against any and all liabilities, damages, claims,
fines, penalties and expenses of whatever nature arising or resulting from
the violation of such laws by the Contractor or its personnel, including the
Subcontractors and their personnel, but without prejudice to GCC Sub-
Clause 10.1 hereof.

9.5 Any Plant and Installation Services that will be incorporated in or be

required for the Facilities and other supplies shall have their origin as
specified under GCC Clause 1 (Country of Origin). Any subcontractors
retained by the Contractor shall be from a country as specified in GCC
Clause 1 (Country of Origin).

9.6 If the Contractor is a joint venture, or association (JV) of two or more

persons, all such persons shall be jointly and severally bound to the
Employer for the fulfillment of the provisions of the Contract, and shall
designate one of such persons to act as a leader with authority to bind the
JV. The composition or the constitution of the JV shall not be altered
without the prior consent of the Employer.

9.7 Pursuant to paragraph 2.2 e. of Appendix B to the General Conditions the

Contractor shall permit and shall cause its subcontractors and sub-
consultants to permit, the Bank and/or persons appointed by the Bank to
inspect the Site and/or the accounts and records relating to the
procurement process, selection and/or contract execution, and to have such
accounts and records audited by auditors appointed by the Bank if
requested by the Bank. The Contractor’s and its Subcontractors’ and sub-
consultants’ attention is drawn to Sub-Clause 6.1 which provides, inter
alia, that acts intended to materially impede the exercise of the Bank’s
inspection and audit rights constitute a prohibited practice subject to

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contract termination (as well as to a determination of ineligibility pursuant

to the Bank’s prevailing sanctions procedures).

9.8 The Contractor shall comply with the specified Environmental, Social,
Health, and Safety requirements, including ESHS Code of Conduct that
will apply to its employees and subcontractors.

10. Employer’s 10.1 All information and/or data to be supplied by the Employer as described in
Responsibilities the Appendix to the Contract Agreement titled Scope of Works and
Supply by the Employer, shall be deemed to be accurate, except when the
Employer expressly states otherwise.

10.2 The Employer shall be responsible for acquiring and providing legal and
physical possession of the Site and access thereto, and for providing
possession of and access to all other areas reasonably required for the
proper execution of the Contract, including all requisite rights of way, as
specified in the Appendix to the Contract Agreement titled Scope of
Works and Supply by the Employer. The Employer shall give full
possession of and accord all rights of access thereto on or before the
date(s) specified in that Appendix.

10.3 The Employer shall acquire and pay for all permits, approvals and/or
licenses from all local, state or national government authorities or public
service undertakings in the country where the Site is located which (a)
such authorities or undertakings require the Employer to obtain in the
Employer’s name, (b) are necessary for the execution of the Contract,
including those required for the performance by both the Contractor and
the Employer of their respective obligations under the Contract, and (c) are
specified in the Appendix (Scope of Works and Supply by the
Employer).

10.4 If requested by the Contractor, the Employer shall use its best endeavors to
assist the Contractor in obtaining in a timely and expeditious manner all
permits, approvals and/or licenses necessary for the execution of the
Contract from all local, state or national government authorities or public
service undertakings that such authorities or undertakings require the
Contractor or Subcontractors or the personnel of the Contractor or
Subcontractors, as the case may be, to obtain.

10.5 Unless otherwise specified in the Contract or agreed upon by the

Employer and the Contractor, the Employer shall provide sufficient,
properly qualified operating and maintenance personnel; shall supply and
make available all raw materials, utilities, lubricants, chemicals, catalysts,
other materials and facilities; and shall perform all work and services of
whatsoever nature, including those required by the Contractor to properly
carry out Precommissioning, Commissioning and Guarantee Tests, all in
accordance with the provisions of the Appendix to the Contract
Agreement titled Scope of Works and Supply by the Employer, at or
before the time specified in the program furnished by the Contractor under

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GCC Sub-Clause 18.2 hereof and in the manner thereupon specified or as

otherwise agreed upon by the Employer and the Contractor.

10.6 The Employer shall be responsible for the continued operation of the
Facilities after Completion, in accordance with GCC Sub-Clause 24.8, and
shall be responsible for facilitating the Guarantee Test(s) for the Facilities,
in accordance with GCC Sub-Clause 25.2.

10.7 All costs and expenses involved in the performance of the obligations
under this GCC Clause 10 shall be the responsibility of the Employer,
save those to be incurred by the Contractor with respect to the
performance of Guarantee Tests, in accordance with GCC Sub-Clause
25.2.

10.8 In the event that the Employer shall be in breach of any of his obligations
under this Clause, the additional cost incurred by the Contractor in
consequence thereof shall be determined by the Project Manager and
added to the Contract Price.

C. Payment

11. Contract Price 11.1 The Contract Price shall be as specified in Article 2 (Contract Price and
Terms of Payment) of the Contract Agreement.

11.2 Unless an adjustment clause is provided for in the PCC, the Contract
Price shall be a firm lump sum not subject to any alteration, except in the
event of a Change in the Facilities or as otherwise provided in the
Contract.

11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor shall
be deemed to have satisfied itself as to the correctness and sufficiency of
the Contract Price, which shall, except as otherwise provided for in the
Contract, cover all its obligations under the Contract.

12. Terms of 12.1 The Contract Price shall be paid as specified in Article 2 (Contract Price
Payment and Terms of Payment) of the Contract Agreement and in the Appendix to
the Contract Agreement titled Terms and Procedures of Payment, which
also outlines the procedures to be followed in making application for and
processing payments.

12.2 No payment made by the Employer herein shall be deemed to constitute

acceptance by the Employer of the Facilities or any part(s) thereof.

12.3 In the event that the Employer fails to make any payment by its respective
due date or within the period set forth in the Contract, the Employer shall

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pay to the Contractor interest on the amount of such delayed payment at

the rate(s) shown in the Appendix to the Contract Agreement titled Terms
and Procedures of Payment, for the period of delay until payment has
been made in full, whether before or after judgment or arbitrage award.

12.4 The currency or currencies in which payments are made to the Contractor
under this Contract shall be specified in the Appendix to the Contract
Agreement titled Terms and Procedures of Payment, subject to the general
principle that payments will be made in the currency or currencies in
which the Contract Price has been stated in the Contractor’s Bid.

13. Securities 13.1 Issuance of Securities

The Contractor shall provide the securities specified below in favor of the
Employer at the times, and in the amount, manner and form specified
below.

13.2 Advance Payment Security

13.2.1 The Contractor shall, within twenty-eight (28) days of the

notification of contract award, provide a security in an amount
equal to the advance payment calculated in accordance with the
Appendix to the Contract Agreement titled Terms and Procedures
of Payment, and in the same currency or currencies.

13.2.2 The security shall be in the form provided in the Bidding

documents. The amount of the security shall be reduced in
proportion to the value of the Facilities executed by and paid to the
Contractor from time to time, and shall automatically become null
and void when the full amount of the advance payment has been
recovered by the Employer. The security shall be returned to the
Contractor immediately after its expiration.

13.3 Performance Security

13.3.1 The Contractor shall, within twenty-eight (28) days of the

notification of contract award, provide a security for the due
performance of the Contract in the amount specified in the PCC.

13.3.2 The Performance Security shall be denominated in the currency or

currencies of the Contract, or in a freely convertible currency
acceptable to the Employer, and shall be in the form provided in
Section X, Contract Forms, corresponding to the type of bank
guarantee stipulated by the Employer in the PCC.

13.3.3 Unless otherwise specified in the PCC, the security shall be reduced
by half on the date of the Operational Acceptance. The Security
shall become null and void, or shall be reduced pro rata to the

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Contract Price of a part of the Facilities for which a separate Time

for Completion is provided, five hundred and forty (540) days after
Completion of the Facilities or three hundred and sixty five (365)
days after Operational Acceptance of the Facilities, whichever
occurs first; provided, however, that if the Defects Liability Period
has been extended on any part of the Facilities pursuant to GCC
Sub-Clause 27.8 hereof, the Contractor shall issue an additional
security in an amount proportionate to the Contract Price of that
part. The security shall be returned to the Contractor immediately
after its expiration, provided, however, that if the Contractor,
pursuant to GCC Sub-Clause 27.10, is liable for an extended defect
liability obligation, the Performance Security shall be extended for
the period specified in the PCC pursuant to GCC Sub-Clause 27.10
and up to the amount specified in the PCC.

13.3.4 The Employer shall not make a claim under the Performance
Security, except for amounts to which the Employer is entitled
under the Contract. The Employer shall indemnify and hold the
Contractor harmless against and from all damages, losses and
expenses (including legal fees and expenses) resulting from a claim
under the Performance Security to the extent to which the
Employer was not entitled to make the claim.

14. Taxes and Duties 14.1 Except as otherwise specifically provided in the Contract, the Contractor
shall bear and pay all taxes, duties, levies and charges assessed on the
Contractor, its Subcontractors or their employees by all municipal, state or
national government authorities in connection with the Facilities in and
outside of the country where the Site is located.

14.2 Notwithstanding GCC Sub-Clause 14.1 above, the Employer shall bear
and promptly pay

(a) The Employer shall bear and pay/reimburse to the Contractor

domestic taxes such as Goods and Services Tax (GST), and similar
other taxes, in respect of direct transaction between the Employer
and the Contractor imposed upon, on the Plant and Equipment and
mandatory spare parts specified in Price Schedule No.2 to be
incorporated into the Facilities, by the Laws of Union of India.

14.3 If any tax exemptions, reductions, allowances or privileges may be

available to the Contractor in the country where the Site is located, the
Employer shall use its best endeavors to enable the Contractor to benefit
from any such tax savings to the maximum allowable extent.

14.4 For the purpose of the Contract, it is agreed that the Contract Price
specified in Article 2 (Contract Price and Terms of Payment) of the
Contract Agreement is based on the taxes, duties, levies and charges
prevailing at the date twenty-eight (28) days prior to the date of Bid

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submission in the country where the Site is located (hereinafter called

“Tax” in this GCC Sub-Clause 14.4). 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 Contract, which was or will be assessed on the
Contractor, Subcontractors or their employees in connection with
performance of the Contract, an equitable adjustment of the Contract Price
shall be made to fully take into account any such change by addition to
the Contract Price or deduction therefrom, as the case may be, in
accordance with GCC Clause 36 hereof.

D. Intellectual Property

15. License/Use of 15.1 For the operation and maintenance of the Plant, the Contractor hereby
Technical grants a non-exclusive and non-transferable license (without the right to
Information sub-license) to the Employer under the patents, utility models or other
industrial property rights owned by the Contractor or by a third Party
from whom the Contractor has received the right to grant licenses
thereunder, and shall also grant to the Employer a non-exclusive and
non-transferable right (without the right to sub-license) to use the know-
how and other technical information disclosed to the Employer under the
Contract. Nothing contained herein shall be construed as transferring
ownership of any patent, utility model, trademark, design, copyright,
know-how or other intellectual property right from the Contractor or any
third Party to the Employer.

15.2 The copyright in all drawings, documents and other materials containing
data and information furnished to the Employer by the Contractor herein
shall remain vested in the Contractor or, if they are furnished to the
Employer directly or through the Contractor by any third Party, including
suppliers of materials, the copyright in such materials shall remain vested
in such third Party.

16. Confidential 16.1 The Employer and the Contractor shall keep confidential and shall not,
Information without the written consent of the other Party hereto, divulge to any third
Party any documents, data or other information furnished directly or
indirectly by the other Party hereto in connection with the Contract,
whether such information has been furnished prior to, during or following
termination of the Contract. Notwithstanding the above, the Contractor
may furnish to its Subcontractor(s) such documents, data and other
information it receives from the Employer to the extent required for the
Subcontractor(s) to perform its work under the Contract, in which event
the Contractor shall obtain from such Subcontractor(s) an undertaking of
confidentiality similar to that imposed on the Contractor under this GCC
Clause 16.

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16.2 The Employer shall not use such documents, data and other information
received from the Contractor for any purpose other than the operation and
maintenance of the Facilities. Similarly, the Contractor shall not use such
documents, data and other information received from the Employer for
any purpose other than the design, procurement of Plant, construction or
such other work and services as are required for the performance of the
Contract.

16.3 The obligation of a Party under GCC Sub-Clauses 16.1 and 16.2 above,
however, shall not apply to that information which

(a) now or hereafter enters the public domain through no fault of that
Party

(b) can be proven to have been possessed by that Party at the time of
disclosure and which was not previously obtained, directly or
indirectly, from the other Party hereto

(c) otherwise lawfully becomes available to that Party from a third

Party that has no obligation of confidentiality.

16.4 The above provisions of this GCC Clause 16 shall not in any way modify
any undertaking of confidentiality given by either of the Parties hereto
prior to the date of the Contract in respect of the Facilities or any part
thereof.

16.5 The provisions of this GCC Clause 16 shall survive termination, for
whatever reason, of the Contract.

E. Execution of the Facilities

17. Representatives 17.1 Project Manager

If the Project Manager is not named in the Contract, then within

fourteen (14) days of the Effective Date, the Employer shall appoint
and notify the Contractor in writing of the name of the Project
Manager. The Employer may from time to time appoint some other
person as the Project Manager in place of the person previously so
appointed, and shall give a notice of the name of such other person
to the Contractor without delay. No such appointment shall be
made at such a time or in such a manner as to impede the progress
of work on the Facilities. Such appointment shall only take effect
upon receipt of such notice by the Contractor. The Project Manager
shall represent and act for the Employer at all times during the
performance of the Contract. All notices, instructions, orders,
certificates, approvals and all other communications under the
Contract shall be given by the Project Manager, except as herein

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otherwise provided.

All notices, instructions, information and other communications

given by the Contractor to the Employer under the Contract shall be
given to the Project Manager, except as herein otherwise provided.

17.2 Contractor’s Representative & Construction Manager

17.2.1 If the Contractor’s Representative is not named in the

Contract, then within fourteen (14) days of the Effective
Date, the Contractor shall appoint the Contractor’s
Representative and shall request the Employer in writing to
approve the person so appointed. If the Employer makes no
objection to the appointment within fourteen (14) days, the
Contractor’s Representative shall be deemed to have been
approved. If the Employer objects to the appointment
within fourteen (14) days giving the reason therefor, then
the Contractor shall appoint a replacement within fourteen
(14) days of such objection, and the foregoing provisions of
this GCC Sub-Clause 17.2.1 shall apply thereto.

17.2.2 The Contractor’s Representative shall represent and act for

the Contractor at all times during the performance of the
Contract and shall give to the Project Manager all the
Contractor’s notices, instructions, information and all other
communications under the Contract.

All notices, instructions, information and all other communications

given by the Employer or the Project Manager to the Contractor
under the Contract shall be given to the Contractor’s Representative
or, in its absence, its deputy, except as herein otherwise provided.

The Contractor shall not revoke the appointment of the Contractor’s

Representative without the Employer’s prior written consent, which
shall not be unreasonably withheld. If the Employer consents
thereto, the Contractor shall appoint some other person as the
Contractor’s Representative, pursuant to the procedure set out in
GCC Sub-Clause 17.2.1.

17.2.3 The Contractor’s Representative may, subject to the approval of the

Employer which shall not be unreasonably withheld, at any time
delegate to any person any of the powers, functions and authorities
vested in him or her. Any such delegation may be revoked at any
time. Any such delegation or revocation shall be subject to a prior
notice signed by the Contractor’s Representative, and shall specify
the powers, functions and authorities thereby delegated or revoked.
No such delegation or revocation shall take effect unless and until a
copy thereof has been delivered to the Employer and the Project

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Manager.

Any act or exercise by any person of powers, functions and

authorities so delegated to him or her in accordance with this GCC
Sub-Clause 17.2.3 shall be deemed to be an act or exercise by the
Contractor’s Representative.

17.2.4 From the commencement of installation of the Facilities at the Site

until Completion, the Contractor’s Representative shall appoint a
suitable person as the Construction Manager. The Construction
Manager shall supervise all work done at the Site by the Contractor
and shall be present at the Site throughout normal working hours
except when on leave, sick or absent for reasons connected with the
proper performance of the Contract. Whenever the Construction
Manager is absent from the Site, a suitable person shall be
appointed to act as the Construction Manager’s deputy.

17.2.5 The Employer may by notice to the Contractor object to any

representative or person employed by the Contractor in the
execution of the Contract who, in the reasonable opinion of the
Employer, may behave inappropriately, may be incompetent or
negligent, or may commit a serious breach of the Site regulations
provided under GCC Sub-Clause 22.4. The Employer shall provide
evidence of the same, whereupon the Contractor shall remove such
person from the Facilities.

17.2.6 If any representative or person employed by the Contractor is

removed in accordance with GCC Sub-Clause 17.2.5, the
Contractor shall, where required, promptly appoint a replacement.

18. Work Program 18.1 Contractor’s Organization

The Contractor shall supply to the Employer and the Project

Manager a chart showing the proposed organization to be
established by the Contractor for carrying out work on the Facilities
within twenty-one (21) days of the Effective Date. The chart shall
include the identities of the key personnel and the curricula vitae of
such key personnel to be employed shall be supplied together with
the chart. The Contractor shall promptly inform the Employer and
the Project Manager in writing of any revision or alteration of such
an organization chart.

18.2 Program of Performance

Within twenty-eight (28) days after the Effective Date, the

Contractor shall submit to the Project Manager a detailed program
of performance of the Contract, made in a form acceptable to the
Project Manager and showing the sequence in which it proposes to

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design, manufacture, transport, assemble, install and

precommission the Facilities, as well as the date by which the
Contractor reasonably requires that the Employer shall have
fulfilled its obligations under the Contract so as to enable the
Contractor to execute the Contract in accordance with the program
and to achieve Completion, Commissioning and Acceptance of the
Facilities in accordance with the Contract. The program so
submitted by the Contractor shall accord with the Time Schedule
included in the Appendix to the Contract Agreement titled Time
Schedule, and any other dates and periods specified in the Contract.
The Contractor shall update and revise the program as and when
appropriate or when required by the Project Manager, but without
modification in the Times for Completion specified in the PCC
pursuant to Sub-Clause 8.2 and any extension granted in
accordance with GCC Clause 40, and shall submit all such revisions
to the Project Manager.

18.3 Progress Report

The Contractor shall monitor progress of all the activities specified

in the program referred to in GCC Sub-Clause 18.2 above, and
supply a progress report to the Project Manager every month.

The progress report shall be in a form acceptable to the Project

Manager and shall indicate: (a) percentage completion achieved
compared with the planned percentage completion for each activity;
and (b) where any activity is behind the program, giving comments
and likely consequences and stating the corrective action being
taken.

18.4 Progress of Performance

If at any time the Contractor’s actual progress falls behind the

program referred to in GCC Sub-Clause 18.2, or it becomes
apparent that it will so fall behind, the Contractor shall, at the
request of the Employer or the Project Manager, prepare and submit
to the Project Manager a revised program, taking into account the
prevailing circumstances, and shall notify the Project Manager of
the steps being taken to expedite progress so as to attain
Completion of the Facilities within the Time for Completion under
GCC Sub-Clause 8.2, any extension thereof entitled under GCC
Sub-Clause 40.1, or any extended period as may otherwise be
agreed upon between the Employer and the Contractor.

18.5 Procedures

The Contract shall be executed in accordance with the Contract

Documents including the procedures given in the Forms and

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Procedures of the Employer’s Requirements.

The Contractor may execute the Contract in accordance with its

own standard project execution plans and procedures to the extent
that they do not conflict with the provisions contained in the
Contract.

19. Subcontracting 19.1 The Appendix to the Contract Agreement titled List of Major Items
of Plant and Installation Services and List of Approved
Subcontractors, specifies major items of supply or services and a
list of approved Subcontractors against each item, including
manufacturers. Insofar as no Subcontractors are listed against any
such item, the Contractor shall prepare a list of Subcontractors for
such item for inclusion in such list. The Contractor may from time
to time propose any addition to or deletion from any such list. The
Contractor shall submit any such list or any modification thereto to
the Employer for its approval in sufficient time so as not to impede
the progress of work on the Facilities. Such approval by the
Employer for any of the Subcontractors shall not relieve the
Contractor from any of its obligations, duties or responsibilities
under the Contract.

19.2 The Contractor shall select and employ its Subcontractors for such
major items from those listed in the lists referred to in GCC Sub-
Clause 19.1.

19.3 For items or parts of the Facilities not specified in the Appendix to
the Contract Agreement titled List of Major Items of Plant and
Installation Services and List of Approved Subcontractors, the
Contractor may employ such Subcontractors as it may select, at its
discretion.

19.4 Each sub-contract shall include provisions which would entitle the
Employer to require the sub-contract to be assigned to the
Employer under GCC 19.5 (if and when applicable), or in event of
termination by the Employer under GCC 42.2.

19.5 If a subcontractor's obligations extend beyond the expiry date of

the relevant Defects Liability Period and the Project Manager, prior
to that date, instructs the Contractor to assign the benefits of such
obligations to the Employer, then the Contractor shall do so.

20. Design and 20.1 Specifications and Drawings

Engineering
20.1.1 The Contractor shall execute the basic and detailed design and the
engineering work in compliance with the provisions of the
Contract, or where not so specified, in accordance with good

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engineering practice.

The Contractor shall be responsible for any discrepancies, errors or

omissions in the specifications, drawings and other technical
documents that it has prepared, whether such specifications,
drawings and other documents have been approved by the Project
Manager or not, provided that such discrepancies, errors or
omissions are not because of inaccurate information furnished in
writing to the Contractor by or on behalf of the Employer.

20.1.2 The Contractor shall be entitled to disclaim responsibility for any

design, data, drawing, specification or other document, or any
modification thereof provided or designated by or on behalf of the
Employer, by giving a notice of such disclaimer to the Project
Manager.

20.2 Codes and Standards

Wherever references are made in the Contract to codes and

standards in accordance with which the Contract shall be executed,
the edition or the revised version of such codes and standards
current at the date twenty-eight (28) days prior to date of Bid
submission shall apply unless otherwise specified. During Contract
execution, any changes in such codes and standards shall be applied
subject to approval by the Employer and shall be treated in
accordance with GCC Clause 39.

20.3 Approval/Review of Technical Documents by Project Manager

20.3.1 The Contractor shall prepare or cause its Subcontractors to

prepare, and furnish to the Project Manager the documents
listed in the Appendix to the Contract Agreement titled List
of Documents for Approval or Review, for its approval or
review as specified and in accordance with the requirements
of GCC Sub-Clause 18.2 (Program of Performance).

Any part of the Facilities covered by or related to the

documents to be approved by the Project Manager shall be
executed only after the Project Manager’s approval thereof.

GCC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those

documents requiring the Project Manager’s approval, but
not to those furnished to the Project Manager for its review
only.

20.3.2 Within fourteen (14) days after receipt by the Project

Manager of any document requiring the Project Manager’s
approval in accordance with GCC Sub-Clause 20.3.1, the
Project Manager shall either return one copy thereof to the

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Contractor with its approval endorsed thereon or shall

notify the Contractor in writing of its disapproval thereof
and the reasons therefor and the modifications that the
Project Manager proposes.

If the Project Manager fails to take such action within the

said fourteen (14) days, then the said document shall be
deemed to have been approved by the Project Manager.

20.3.3 The Project Manager shall not disapprove any document,

except on the grounds that the document does not comply
with the Contract or that it is contrary to good engineering
practice.

20.3.4 If the Project Manager disapproves the document, the

Contractor shall modify the document and resubmit it for
the Project Manager’s approval in accordance with GCC
Sub-Clause 20.3.2. If the Project Manager approves the
document subject to modification(s), the Contractor shall
make the required modification(s), whereupon the
document shall be deemed to have been approved.

20.3.5 If any dispute or difference occurs between the Employer

and the Contractor in connection with or arising out of the
disapproval by the Project Manager of any document and/or
any modification(s) thereto that cannot be settled between
the Parties within a reasonable period, then such dispute or
difference may be referred to an Adjudicator for
determination in accordance with GCC Sub-Clause 46.3
hereof. If such dispute or difference is referred to an
Adjudicator, the Project Manager shall give instructions as
to whether and if so, how, performance of the Contract is to
proceed.

20.3.6 The Project Manager’s approval, with or without

modification of the document furnished by the Contractor,
shall not relieve the Contractor of any responsibility or
liability imposed upon it by any provisions of the Contract
except to the extent that any subsequent failure results from
modifications required by the Project Manager.

20.3.7 The Contractor shall not depart from any approved

document unless the Contractor has first submitted to the
Project Manager an amended document and obtained the
Project Manager’s approval thereof, pursuant to the
provisions of this GCC Sub-Clause 20.3.

If the Project Manager requests any change in any already

approved document and/or in any document based thereon,

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the provisions of GCC Clause 39 shall apply to such

request.

21. Procurement 21.1 Plant

Subject to GCC Sub-Clause 14.2, the Contractor shall procure and

transport all Plant in an expeditious and orderly manner to the Site.

21.2 Employer-Supplied Plant

If the Appendix to the Contract Agreement titled Scope of Works

and Supply by the Employer, provides that the Employer shall
furnish any specific items to the Contractor, the following
provisions shall apply:

21.2.1 The Employer shall, at its own risk and expense, transport each
item to the place on or near the Site as agreed upon by the Parties
and make such item available to the Contractor at the time specified
in the program furnished by the Contractor, pursuant to GCC Sub-
Clause 18.2, unless otherwise mutually agreed.

21.2.2 Upon receipt of such item, the Contractor shall inspect the same
visually and notify the Project Manager of any detected shortage,
defect or default. The Employer shall immediately remedy any
shortage, defect or default, or the Contractor shall, if practicable
and possible, at the request of the Employer, remedy such shortage,
defect or default at the Employer’s cost and expense. After
inspection, such item shall fall under the care, custody and control
of the Contractor. The provision of this GCC Sub-Clause 21.2.2
shall apply to any item supplied to remedy any such shortage or
default or to substitute for any defective item, or shall apply to
defective items that have been repaired.

21.2.3 The foregoing responsibilities of the Contractor and its obligations

of care, custody and control shall not relieve the Employer of
liability for any undetected shortage, defect or default, nor place the
Contractor under any liability for any such shortage, defect or
default whether under GCC Clause 27 or under any other provision
of Contract.

21.3 Transportation

21.3.1 The Contractor shall at its own risk and expense transport
all the materials and the Contractor’s Equipment to the Site
by the mode of transport that the Contractor judges most
suitable under all the circumstances.

21.3.2 Unless otherwise provided in the Contract, the Contractor

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shall be entitled to select any safe mode of transport

operated by any person to carry the materials and the
Contractor’s Equipment.

21.3.3 Upon dispatch of each shipment of materials and the

Contractor’s Equipment, the Contractor shall notify the
Employer by telex, cable, facsimile or electronic means, of
the description of the materials and of the Contractor’s
Equipment, the point and means of dispatch, and the
estimated time and point of arrival in the country where the
Site is located, if applicable, and at the Site. The Contractor
shall furnish the Employer with relevant shipping
documents to be agreed upon between the Parties.

21.3.4 The Contractor shall be responsible for obtaining, if

necessary, approvals from the authorities for transportation
of the materials and the Contractor’s Equipment to the Site.
The Employer shall use its best endeavors in a timely and
expeditious manner to assist the Contractor in obtaining
such approvals, if requested by the Contractor. The
Contractor shall indemnify and hold harmless the Employer
from and against any claim for damage to roads, bridges or
any other traffic facilities that may be caused by the
transport of the materials and the Contractor’s Equipment to
the Site.

21.4 Customs Clearance

The Contractor, if it requires, shall at its own expense, handle all

imported materials and Contractor’s Equipment at the point(s) of
import and shall handle any formalities for customs clearance.

22. Installation 22.1 Setting Out/Supervision

22.1.1 Bench Mark: The Contractor shall be responsible for the

true and proper setting-out of the Facilities in relation to
bench marks, reference marks and lines provided to it in
writing by or on behalf of the Employer.

If, at any time during the progress of installation of the

Facilities, any error shall appear in the position, level or
alignment of the Facilities, the Contractor shall forthwith
notify the Project Manager of such error and, at its own
expense, immediately rectify such error to the reasonable
satisfaction of the Project Manager. If such error is based
on incorrect data provided in writing by or on behalf of the
Employer, the expense of rectifying the same shall be borne

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by the Employer.

22.1.2 Contractor’s Supervision: The Contractor shall give or

provide all necessary superintendence during the
installation of the Facilities, and the Construction Manager
or its deputy shall be constantly on the Site to provide full-
time superintendence of the installation. The Contractor
shall provide and employ only technical personnel who are
skilled and experienced in their respective callings and
supervisory staff who are competent to adequately supervise
the work at hand.

22.2 Labor:

22.2.1 Engagement of Staff and Labor

Except as otherwise stated in the Specification, the

Contractor shall make arrangements for the engagement of
all staff and labor, local or otherwise, and for their payment,
housing, feeding and transport.

The Contractor shall provide and employ on the Site in the

installation of the Facilities such skilled, semi-skilled and
unskilled labor as is necessary for the proper and timely
execution of the Contract. The Contractor is encouraged to
use local labor that has the necessary skills.

The Contractor shall be responsible for obtaining all

necessary permit(s) and/or visa(s) from the appropriate
authorities for the entry of all labor and personnel to be
employed on the Site into the country where the Site is
located. The Employer will, if requested by the Contractor,
use his best endeavors in a timely and expeditious manner
to assist the Contractor in obtaining any local, state, national
or government permission required for bringing in the
Contractor’s personnel.

The Contractor shall at its own expense provide the means

of repatriation to all of its and its Subcontractor’s personnel
employed on the Contract at the Site to the place where they
were recruited or to their domicile. It shall also provide
suitable temporary maintenance of all such persons from the
cessation of their employment on the Contract to the date
programmed for their departure. In the event that the
Contractor defaults in providing such means of
transportation and temporary maintenance, the Employer
may provide the same to such personnel and recover the
cost of doing so from the Contractor.

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22.2.2 Persons in the Service of Employer

The Contractor shall not recruit, or attempt to recruit, staff

and labor from amongst the Employer’s Personnel.

22.2.3 Labor Laws

The Contractor shall comply with all the relevant labor

Laws applicable to the Contractor’s Personnel, including
Laws relating to their employment, health, safety, welfare,
immigration and emigration, and shall allow them all their
legal rights.

The Contractor shall at all times during the progress of the

Contract use its best endeavors to prevent any unlawful,
riotous or disorderly conduct or behavior by or amongst its
employees and the labor of its Subcontractors.

The Contractor shall, in all dealings with its labor and the
labor of its Subcontractors currently employed on or
connected with the Contract, pay due regard to all
recognized festivals, official holidays, religious or other
customs and all local laws and regulations pertaining to the
employment of labor.

Salient features of major labour and other laws that are

applicable to construction industry in India are given as
Appendix C to these General Conditions of Contract.

22.2.4 Rates of Wages and Conditions of Labor

The Contractor shall pay rates of wages, and observe

conditions of labor, which are not lower than those
established for the trade or industry where the work is
carried out. If no established rates or conditions are
applicable, the Contractor shall pay rates of wages and
observe conditions which are not lower than the general
level of wages and conditions observed locally by
employers whose trade or industry is similar to that of the
Contractor.

The Contractor shall inform the Contractor’s Personnel

about their liability to pay personal income taxes in the
Country in respect of such of their salaries, wages and
allowances as are chargeable under the Laws for the time
being in force, and the Contractor shall perform such duties
in regard to such deductions thereof as may be imposed on
him by such Laws.

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22.2.5 Working Hours

No work shall be carried out on the Site on locally

recognized days of rest, or outside the normal working
hours stated in the PCC, unless:

(a) otherwise stated in the Contract,

(b) the Project Manager gives consent, or

(c) the work is unavoidable, or necessary for the

protection of life or property or for the safety of the
Works, in which case the Contractor shall
immediately advise the Project Manager.

If and when the Contractor considers it necessary to carry out

work at night or on public holidays so as to meet the Time
for Completion and requests the Project Manager’s consent
thereto, the Project Manager shall not unreasonably withhold
such consent.

This Sub-Clause shall not apply to any work which is

customarily carried out by rotary or double-shifts.

22.2.6 Facilities for Staff and Labor

Except as otherwise stated in the Specification, the

Contractor shall provide and maintain all necessary
accommodation and welfare facilities for the Contractor’s
Personnel. The Contractor shall also provide facilities for the
Employer’s Personnel as stated in the Specification.

The Contractor shall not permit any of the Contractor’s

Personnel to maintain any temporary or permanent living
quarters within the structures forming part of the Permanent
Works.

22.2.7 Health and Safety

The Contractor shall at all times take all reasonable

precautions to maintain the health and safety of the
Contractor’s Personnel. In collaboration with local health
authorities, the Contractor shall ensure that medical staff,
first aid facilities, sick bay and ambulance service are
available at all times at the Site and at any accommodation
for Contractor’s and Employer’s Personnel, and that suitable
arrangements are made for all necessary welfare and hygiene
requirements and for the prevention of epidemics.

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The Contractor shall appoint an accident prevention officer at

the Site, responsible for maintaining safety and protection
against accidents. This person shall be qualified for this
responsibility, and shall have the authority to issue
instructions and take protective measures to prevent
accidents. Throughout the performance of the Contract, the
Contractor shall provide whatever is required by this person
to exercise this responsibility and authority.

The Contractor shall send to the Project Manager, details of

any accident as soon as practicable after its occurrence. The
Contractor shall maintain records and make reports
concerning health, safety and welfare of persons, and damage
to property, as the Project Manager may reasonably require.

The Contractor shall throughout the contract (including the

Defects Notification Period): (i) conduct Information,
Education and Consultation Communication (IEC)
campaigns, at least every other month, addressed to all the
Site staff and labor (including all the Contractor's employees,
all Subcontractors and Employer’s and Project Manager’s'
employees, and all truck drivers and crew making deliveries
to Site for construction activities) and to the immediate local
communities, concerning the risks, dangers and impact, and
appropriate avoidance behavior with respect to of Sexually
Transmitted Diseases (STD)—or Sexually Transmitted
Infections (STI) in general and HIV/AIDS in particular; (ii)
provide male or female condoms for all Site staff and labor
as appropriate; and (iii) provide for STI and HIV/AIDS
screening, diagnosis, counseling and referral to a dedicated
national STI and HIV/AIDS program, (unless otherwise
agreed) of all Site staff and labor.

The Contractor shall include in the program to be submitted for

the execution of the Facilities under Sub-Clause 18.2 an
alleviation program for Site staff and labor and their families in
respect of Sexually Transmitted Infections (STI) and Sexually
Transmitted Diseases (STD) including HIV/AIDS. The STI,
STD and HIV/AIDS alleviation program shall indicate when,
how and at what cost the Contractor plans to satisfy the
requirements of this Sub-Clause and the related specification.
For each component, the program shall detail the resources to be
provided or utilized and any related sub-contracting proposed.
The program shall also include provision of a detailed cost
estimate with supporting documentation. Payment to the
Contractor for preparation and implementation this program
shall not exceed the Provisional Sum dedicated for this purpose.

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22.2.8 Funeral Arrangements

In the event of the death of any of the Contractor’s

personnel or accompanying members of their families, the
Contractor shall be responsible for making the appropriate
arrangements for their return or burial, unless otherwise
specified in the PCC.

22.2.9 Records of Contractor’s Personnel

The Contractor shall keep accurate records of the

Contractor’s personnel, including the number of each class
of Contractor’s Personnel on the Site and the names, ages,
genders, hours worked and wages paid to all workers. These
records shall be summarized on a monthly basis in a form
approved by the Project Manager and shall be available for
inspection by the Project Manager until the Contractor has
completed all work.

22.2.10 Supply of Foodstuffs

The Contractor shall arrange for the provision of a sufficient

supply of suitable food as may be stated in the Specification
at reasonable prices for the Contractor’s Personnel for the
purposes of or in connection with the Contract.

22.2.11 Supply of Water

The Contractor shall, having regard to local conditions,

provide on the Site an adequate supply of drinking and
other water for the use of the Contractor’s Personnel.

22.2.12 Measures against Insect and Pest Nuisance

The Contractor shall at all times take the necessary

precautions to protect the Contractor’s Personnel employed
on the Site from insect and pest nuisance, and to reduce
their danger to health. The Contractor shall comply with all
the regulations of the local health authorities, including use
of appropriate insecticide.

22.2.13 Alcoholic Liquor or Drugs

The Contractor shall not, otherwise than in accordance with

the Laws of the Country, import, sell, give barter or
otherwise dispose of any alcoholic liquor or drugs, or
permit or allow importation, sale, gift barter or disposal by
Contractor's Personnel.

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22.2.14 Arms and Ammunition

The Contractor shall not give, barter, or otherwise dispose

of, to any person, any arms or ammunition of any kind, or
allow Contractor's Personnel to do so.

22.2.15 Prohibition of All Forms of Forced or Compulsory Labor

The contractor shall not employ “forced or compulsory

labor” in any form. “Forced or compulsory labor” consists
of all work or service, not voluntarily performed, that is
extracted from an individual under threat of force or
penalty.

22.2.16 Prohibition of Harmful Child Labor

The Contractor shall not employ any child to perform any

work that is economically exploitative, or is likely to be
hazardous to, or to interfere with, the child's education, or to
be harmful to the child's health or physical, mental,
spiritual, moral, or social development.

22.3 Contractor’s Equipment

22.3.1 All Contractor’s Equipment brought by the Contractor onto

the Site shall be deemed to be intended to be used
exclusively for the execution of the Contract. The
Contractor shall not remove the same from the Site without
the Project Manager’s consent that such Contractor’s
Equipment is no longer required for the execution of the
Contract.

22.3.2 Unless otherwise specified in the Contract, upon completion

of the Facilities, the Contractor shall remove from the Site
all Equipment brought by the Contractor onto the Site and
any surplus materials remaining thereon.

22.3.3 The Employer will, if requested, use its best endeavors to

assist the Contractor in obtaining any local, state or national
government permission required by the Contractor for the
export of the Contractor’s Equipment imported by the
Contractor for use in the execution of the Contract that is no
longer required for the execution of the Contract.

22.4 Site Regulations and Safety

The Employer and the Contractor shall establish Site regulations

setting out the rules to be observed in the execution of the Contract
at the Site and shall comply therewith. The Contractor shall

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prepare and submit to the Employer, with a copy to the Project

Manager, proposed Site regulations for the Employer’s approval,
which approval shall not be unreasonably withheld.

Such Site regulations shall include, but shall not be limited to, rules
in respect of security, safety of the Facilities, gate control,
sanitation, medical care, and fire prevention.

22.5 Opportunities for Other Contractors

22.5.1 The Contractor shall, upon written request from the

Employer or the Project Manager, give all reasonable
opportunities for carrying out the work to any other
contractors employed by the Employer on or near the Site.

22.5.2 If the Contractor, upon written request from the Employer

or the Project Manager, makes available to other contractors
any roads or ways the maintenance for which the Contractor
is responsible, permits the use by such other contractors of
the Contractor’s Equipment, or provides any other service
of whatsoever nature for such other contractors, the
Employer shall fully compensate the Contractor for any loss
or damage caused or occasioned by such other contractors
in respect of any such use or service, and shall pay to the
Contractor reasonable remuneration for the use of such
equipment or the provision of such services.

22.5.3 The Contractor shall also so arrange to perform its work as

to minimize, to the extent possible, interference with the
work of other contractors. The Project Manager shall
determine the resolution of any difference or conflict that
may arise between the Contractor and other contractors and
the workers of the Employer in regard to their work.

22.5.4 The Contractor shall notify the Project Manager promptly

of any defects in the other contractors’ work that come to its
notice, and that could affect the Contractor’s work. The
Project Manager shall determine the corrective measures, if
any, required to rectify the situation after inspection of the
Facilities. Decisions made by the Project Manager shall be
binding on the Contractor.

22.6 Emergency Work

If, by reason of an emergency arising in connection with and during

the execution of the Contract, any protective or remedial work is
necessary as a matter of urgency to prevent damage to the
Facilities, the Contractor shall immediately carry out such work.

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If the Contractor is unable or unwilling to do such work

immediately, the Employer may do or cause such work to be done
as the Employer may determine is necessary in order to prevent
damage to the Facilities. In such event the Employer shall, as soon
as practicable after the occurrence of any such emergency, notify
the Contractor in writing of such emergency, the work done and the
reasons therefor. If the work done or caused to be done by the
Employer is work that the Contractor was liable to do at its own
expense under the Contract, the reasonable costs incurred by the
Employer in connection therewith shall be paid by the Contractor to
the Employer. Otherwise, the cost of such remedial work shall be
borne by the Employer.

22.7 Site Clearance

22.7.1 Site Clearance in Course of Performance: In the course of

carrying out the Contract, the Contractor shall keep the Site
reasonably free from all unnecessary obstruction, store or
remove any surplus materials, clear away any wreckage,
rubbish or temporary works from the Site, and remove any
Contractor’s Equipment no longer required for execution of
the Contract.

22.7.2 Clearance of Site after Completion: After Completion of all

parts of the Facilities, the Contractor shall clear away and
remove all wreckage, rubbish and debris of any kind from
the Site, and shall leave the Site and Facilities in a clean and
safe condition.

22.8 Watching and Lighting

The Contractor shall provide and maintain at its own expense all
lighting, fencing, and watching when and where necessary for the
proper execution and the protection of the Facilities, or for the
safety of the owners and occupiers of adjacent property and for the
safety of the public.

23. Test and 23.1 The Contractor shall at its own expense carry out at the place of
Inspection manufacture and/or on the Site all such tests and/or inspections of
the Plant and any part of the Facilities as are specified in the
Contract.

23.2 The Employer and the Project Manager or their designated

representatives shall be entitled to attend the aforesaid test and/or
inspection, provided that the Employer shall bear all costs and
expenses incurred in connection with such attendance including, but
not limited to, all traveling and board and lodging expenses.

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23.3 Whenever the Contractor is ready to carry out any such test and/or
inspection, the Contractor shall give a reasonable advance notice of
such test and/or inspection and of the place and time thereof to the
Project Manager. The Contractor shall obtain from any relevant
third Party or manufacturer any necessary permission or consent to
enable the Employer and the Project Manager or their designated
representatives to attend the test and/or inspection.

23.4 The Contractor shall provide the Project Manager with a certified
report of the results of any such test and/or inspection.

If the Employer or Project Manager or their designated

representatives fails to attend the test and/or inspection, or if it is
agreed between the Parties that such persons shall not do so, then
the Contractor may proceed with the test and/or inspection in the
absence of such persons, and may provide the Project Manager with
a certified report of the results thereof.

23.5 The Project Manager may require the Contractor to carry out any
test and/or inspection not required by the Contract, provided that
the Contractor’s reasonable costs and expenses incurred in the
carrying out of such test and/or inspection shall be added to the
Contract Price. Further, if such test and/or inspection impede the
progress of work on the Facilities and/or the Contractor’s
performance of its other obligations under the Contract, due
allowance will be made in respect of the Time for Completion and
the other obligations so affected.

23.6 If any Plant or any part of the Facilities fails to pass any test and/or
inspection, the Contractor shall either rectify or replace such Plant
or part of the Facilities and shall repeat the test and/or inspection
upon giving a notice under GCC Sub-Clause 23.3.

23.7 If any dispute or difference of opinion shall arise between the

Parties in connection with or arising out of the test and/or
inspection of the Plant or part of the Facilities that cannot be settled
between the Parties within a reasonable period of time, it may be
referred to an Adjudicator for determination in accordance with
GCC Sub-Clause 46.3.

23.8 The Contractor shall afford the Employer and the Project Manager,
at the Employer’s expense, access at any reasonable time to any
place where the Plant are being manufactured or the Facilities are
being installed, in order to inspect the progress and the manner of
manufacture or installation, provided that the Project Manager shall
give the Contractor a reasonable prior notice.

23.9 The Contractor agrees that neither the execution of a test and/or
inspection of Plant or any part of the Facilities, nor the attendance

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by the Employer or the Project Manager, nor the issue of any test
certificate pursuant to GCC Sub-Clause 23.4, shall release the
Contractor from any other responsibilities under the Contract.

23.10 No part of the Facilities or foundations shall be covered up on the

Site without the Contractor carrying out any test and/or inspection
required under the Contract. The Contractor shall give a reasonable
notice to the Project Manager whenever any such parts of the
Facilities or foundations are ready or about to be ready for test
and/or inspection; such test and/or inspection and notice thereof
shall be subject to the requirements of the Contract.

23.11 The Contractor shall uncover any part of the Facilities or

foundations, or shall make openings in or through the same as the
Project Manager may from time to time require at the Site, and shall
reinstate and make good such part or parts.

If any parts of the Facilities or foundations have been covered up at

the Site after compliance with the requirement of GCC Sub-Clause
23.10 and are found to be executed in accordance with the Contract,
the expenses of uncovering, making openings in or through,
reinstating, and making good the same shall be borne by the
Employer, and the Time for Completion shall be reasonably
adjusted to the extent that the Contractor has thereby been delayed
or impeded in the performance of any of its obligations under the
Contract.

24. Completion of the 24.1 As soon as the Facilities or any part thereof has, in the opinion of
Facilities the Contractor, been completed operationally and structurally and
put in a tight and clean condition as specified in the Employer’s
Requirements, excluding minor items not materially affecting the
operation or safety of the Facilities, the Contractor shall so notify
the Employer in writing.

24.2 Within seven (7) days after receipt of the notice from the Contractor
under GCC Sub-Clause 24.1, the Employer shall supply the
operating and maintenance personnel specified in the Appendix to
the Contract Agreement titled Scope of Works and Supply by the
Employer for Precommissioning of the Facilities or any part
thereof.

Pursuant to the Appendix to the Contract Agreement titled Scope of

Works and Supply by the Employer, the Employer shall also
provide, within the said seven (7) day period, the raw materials,
utilities, lubricants, chemicals, catalysts, facilities, services and
other matters required for Precommissioning of the Facilities or any
part thereof.

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24.3 As soon as reasonably practicable after the operating and

maintenance personnel have been supplied by the Employer and the
raw materials, utilities, lubricants, chemicals, catalysts, facilities,
services and other matters have been provided by the Employer in
accordance with GCC Sub-Clause 24.2, the Contractor shall
commence Precommissioning of the Facilities or the relevant part
thereof in preparation for Commissioning, subject to GCC Sub-
Clause 25.5.

24.4 As soon as all works in respect of Precommissioning are completed

and, in the opinion of the Contractor, the Facilities or any part
thereof is ready for Commissioning, the Contractor shall so notify
the Project Manager in writing.

24.5 The Project Manager shall, within fourteen (14) days after receipt
of the Contractor’s notice under GCC Sub-Clause 24.4, either issue
a Completion Certificate in the form specified in the Employer’s
Requirements (Forms and Procedures), stating that the Facilities or
that part thereof have reached Completion as of the date of the
Contractor’s notice under GCC Sub-Clause 24.4, or notify the
Contractor in writing of any defects and/or deficiencies.

If the Project Manager notifies the Contractor of any defects and/or

deficiencies, the Contractor shall then correct such defects and/or
deficiencies, and shall repeat the procedure described in GCC Sub-
Clause 24.4.

If the Project Manager is satisfied that the Facilities or that part

thereof have reached Completion, the Project Manager shall, within
seven (7) days after receipt of the Contractor’s repeated notice,
issue a Completion Certificate stating that the Facilities or that part
thereof have reached Completion as of the date of the Contractor’s
repeated notice.

If the Project Manager is not so satisfied, then it shall notify the

Contractor in writing of any defects and/or deficiencies within
seven (7) days after receipt of the Contractor’s repeated notice, and
the above procedure shall be repeated.

24.6 If the Project Manager fails to issue the Completion Certificate and
fails to inform the Contractor of any defects and/or deficiencies
within fourteen (14) days after receipt of the Contractor’s notice
under GCC Sub-Clause 24.4 or within seven (7) days after receipt
of the Contractor’s repeated notice under GCC Sub-Clause 24.5, or
if the Employer makes use of the Facilities or part thereof, then the
Facilities or that part thereof shall be deemed to have reached
Completion as of the date of the Contractor’s notice or repeated
notice, or as of the Employer’s use of the Facilities, as the case may

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be.

24.7 As soon as possible after Completion, the Contractor shall complete

all outstanding minor items so that the Facilities are fully in
accordance with the requirements of the Contract, failing which the
Employer will undertake such completion and deduct the costs
thereof from any monies owing to the Contractor.

24.8 Upon Completion, the Employer shall be responsible for the care
and custody of the Facilities or the relevant part thereof, together
with the risk of loss or damage thereto, and shall thereafter take
over the Facilities or the relevant part thereof.

25. Commissioning 25.1 Commissioning

and Operational
Acceptance 25.1.1 Commissioning of the Facilities or any part thereof shall be
commenced by the Contractor immediately after issue of
the Completion Certificate by the Project Manager,
pursuant to GCC Sub-Clause 24.5, or immediately after the
date of the deemed Completion, under GCC Sub-Clause
24.6.

25.1.2 The Employer shall supply the operating and maintenance

personnel and all raw materials, utilities, lubricants,
chemicals, catalysts, facilities, services and other matters
required for Commissioning.

25.1.3 In accordance with the requirements of the Contract, the

Contractor’s and Project Manager’s advisory personnel
shall attend the Commissioning, including the Guarantee
Test, and shall advise and assist the Employer.

25.2 Guarantee Test

25.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and

repeats thereof shall be conducted by the Contractor during
Commissioning of the Facilities or the relevant part thereof
to ascertain whether the Facilities or the relevant part can
attain the Functional Guarantees specified in the Appendix
to the Contract Agreement titled Functional Guarantees.
The Employer shall promptly provide the Contractor with
such information as the Contractor may reasonably require
in relation to the conduct and results of the Guarantee Test
and any repeats thereof.

25.2.2 If for reasons not attributable to the Contractor, the

Guarantee Test of the Facilities or the relevant part thereof
cannot be successfully completed within the period from the

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date of Completion specified in the PCC or any other

period agreed upon by the Employer and the Contractor, the
Contractor shall be deemed to have fulfilled its obligations
with respect to the Functional Guarantees, and GCC Sub-
Clauses 28.2 and 28.3 shall not apply.

25.3 Operational Acceptance

25.3.1 Subject to GCC Sub-Clause 25.4 below, Operational Acceptance

shall occur in respect of the Facilities or any part thereof when

(a) the Guarantee Test has been successfully completed and the
Functional Guarantees are met; or

(b) the Guarantee Test has not been successfully completed or

has not been carried out for reasons not attributable to the
Contractor within the period from the date of Completion
specified in the PCC pursuant to GCC Sub-Clause 25.2.2
above or any other period agreed upon by the Employer and
the Contractor; or

(c) the Contractor has paid the liquidated damages specified in

GCC Sub-Clause 28.3 hereof; and

(d) any minor items mentioned in GCC Sub-Clause 24.7 hereof

relevant to the Facilities or that part thereof have been
completed.

25.3.2 At any time after any of the events set out in GCC Sub-
Clause 25.3.1 have occurred, the Contractor may give a
notice to the Project Manager requesting the issue of an
Operational Acceptance Certificate in the form provided in
the Employer’s Requirements (Forms and Procedures) in
respect of the Facilities or the part thereof specified in such
notice as of the date of such notice.

25.3.3 The Project Manager shall, after consultation with the

Employer, and within seven (7) days after receipt of the
Contractor’s notice, issue an Operational Acceptance
Certificate.

25.3.4 If within seven (7) days after receipt of the Contractor’s

notice, the Project Manager fails to issue the Operational
Acceptance Certificate or fails to inform the Contractor in
writing of the justifiable reasons why the Project Manager
has not issued the Operational Acceptance Certificate, the
Facilities or the relevant part thereof shall be deemed to
have been accepted as of the date of the Contractor’s said

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notice.

25.4 Partial Acceptance

25.4.1 If the Contract specifies that Completion and

Commissioning shall be carried out in respect of parts of the
Facilities, the provisions relating to Completion and
Commissioning including the Guarantee Test shall apply to
each such part of the Facilities individually, and the
Operational Acceptance Certificate shall be issued
accordingly for each such part of the Facilities.

25.4.2 If a part of the Facilities comprises facilities such as

buildings, for which no Commissioning or Guarantee Test
is required, then the Project Manager shall issue the
Operational Acceptance Certificate for such facility when it
attains Completion, provided that the Contractor shall
thereafter complete any outstanding minor items that are
listed in the Operational Acceptance Certificate.

25.5 Delayed Precommissioning and/or Guarantee Test

25.5.1 In the event that the Contractor is unable to proceed with

the Precommissioning of the Facilities pursuant to Sub-
Clause 24.3, or with the Guarantee Test pursuant to Sub-
Clause 25.2, for reasons attributable to the Employer either
on account of non availability of other facilities under the
responsibilities of other contractor(s), or for reasons beyond
the Contractor’s control, the provisions leading to “deemed”
completion of activities such as Completion, pursuant to
GCC Sub-Clause 24.6, and Operational Acceptance,
pursuant to GCC Sub-Clause 25.3.4, and Contractor’s
obligations regarding Defect Liability Period, pursuant to
GCC Sub-Clause 27.2, Functional Guarantee, pursuant to
GCC Clause 28, and Care of Facilities, pursuant to GCC
Clause 32, and GCC Clause 41.1, Suspension, shall not
apply. In this case, the following provisions shall apply.

25.5.2 When the Contractor is notified by the Project Manager that

he will be unable to proceed with the activities and
obligations pursuant to above Sub-Clause 25.5.1, the
Contractor shall be entitled to the following:

(a) the Time of Completion shall be extended for the

period of suspension without imposition of liquidated
damages pursuant to GCC Sub-Clause 26.2;

(b) payments due to the Contractor in accordance with

the provision specified in the Appendix to the

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Contract Agreement titled Terms and Procedures of

Payment, which would not have been payable in
normal circumstances due to non-completion of the
subject activities, shall be released to the Contractor
against submission of a security in the form of a bank
guarantee of equivalent amount acceptable to the
Employer, and which shall become null and void
when the Contractor will have complied with its
obligations regarding those payments, subject to the
provision of Sub-Clause 25.5.3 below;

(c) the expenses towards the above security and

extension of other securities under the contract, of
which validity needs to be extended, shall be
reimbursed to the Contractor by the Employer;

(d) the additional charges towards the care of the

Facilities pursuant to GCC Sub-Clause 32.1 shall be
reimbursed to the Contractor by the Employer for the
period between the notification mentioned above and
the notification mentioned in Sub-Clause 25.5.4
below. The provision of GCC Sub-Clause 33.2 shall
apply to the Facilities during the same period.

25.5.3 In the event that the period of suspension under above Sub-
Clause 25.5.1 actually exceeds one hundred eighty (180)
days, the Employer and Contractor shall mutually agree to
any additional compensation payable to the Contractor.

25.5.4 When the Contractor is notified by the Project Manager that

the plant is ready for Precommissioning, the Contractor
shall proceed without delay in performing
Precommissioning in accordance with Clause 24.

F. Guarantees and Liabilities

26. Completion 26.1 The Contractor guarantees that it shall attain Completion of the
Time Facilities (or a part for which a separate time for completion is
Guarantee specified) within the Time for Completion specified in the PCC
pursuant to GCC Sub-Clause 8.2, or within such extended time to
which the Contractor shall be entitled under GCC Clause 40 hereof.

26.2 If the Contractor fails to attain Completion of the Facilities or any part
thereof within the Time for Completion or any extension thereof under
GCC Clause 40, the Contractor shall pay to the Employer liquidated
damages in the amount specified in the PCC as a percentage rate of
the Contract Price or the relevant part thereof. The aggregate amount

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of such liquidated damages shall in no event exceed the amount

specified as “Maximum” in the PCC as a percentage rate of the
Contract Price. Once the “Maximum” is reached, the Employer may
consider termination of the Contract, pursuant to GCC Sub-Clause
42.2.2.

Such payment shall completely satisfy the Contractor’s obligation to

attain Completion of the Facilities or the relevant part thereof within
the Time for Completion or any extension thereof under GCC Clause
40. The Contractor shall have no further liability whatsoever to the
Employer in respect thereof.

However, the payment of liquidated damages shall not in any way

relieve the Contractor from any of its obligations to complete the
Facilities or from any other obligations and liabilities of the Contractor
under the Contract.

Save for liquidated damages payable under this GCC Sub-Clause 26.2,
the failure by the Contractor to attain any milestone or other act,
matter or thing by any date specified in the Appendix to the Contract
Agreement titled Time Schedule, and/or other program of work
prepared pursuant to GCC Sub-Clause 18.2 shall not render the
Contractor liable for any loss or damage thereby suffered by the
Employer.

26.3 If the Contractor attains Completion of the Facilities or any part

thereof before the Time for Completion or any extension thereof under
GCC Clause 40, the Employer shall pay to the Contractor a bonus in
the amount specified in the PCC. The aggregate amount of such
bonus shall in no event exceed the amount specified as “Maximum”
in the PCC.

27. Defect Liability 27.1 The Contractor warrants that the Facilities or any part thereof shall be
free from defects in the design, engineering, materials and
workmanship of the Plant supplied and of the work executed.

27.2 The Defect Liability Period shall be five hundred and forty (540) days
from the date of Completion of the Facilities (or any part thereof) or
one year from the date of Operational Acceptance of the Facilities (or
any part thereof), whichever first occurs, unless specified otherwise in
the PCC pursuant to GCC Sub-Clause 27.10.

If during the Defect Liability Period any defect should be found in the
design, engineering, materials and workmanship of the Plant supplied
or of the work executed by the Contractor, the Contractor shall
promptly, in consultation and agreement with the Employer regarding
appropriate remedying of the defects, and at its cost, repair, replace or
otherwise make good as the Contractor shall determine at its

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discretion, such defect as well as any damage to the Facilities caused

by such defect. The Contractor shall not be responsible for the repair,
replacement or making good of any defect or of any damage to the
Facilities arising out of or resulting from any of the following causes:

(a) improper operation or maintenance of the Facilities by the

Employer;

(b) operation of the Facilities outside specifications provided in the

Contract; or

(c) normal wear and tear.

27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply
to:

(a) any materials that are supplied by the Employer under GCC
Sub-Clause 21.2, are normally consumed in operation, or have a
normal life shorter than the Defect Liability Period stated
herein;

(b) any designs, specifications or other data designed, supplied or

specified by or on behalf of the Employer or any matters for
which the Contractor has disclaimed responsibility herein; or

(c) any other materials supplied or any other work executed by or

on behalf of the Employer, except for the work executed by the
Employer under GCC Sub-Clause 27.7.

27.4 The Employer shall give the Contractor a notice stating the nature of
any such defect together with all available evidence thereof, promptly
following the discovery thereof. The Employer shall afford all
reasonable opportunity for the Contractor to inspect any such defect.

27.5 The Employer shall afford the Contractor all necessary access to the
Facilities and the Site to enable the Contractor to perform its
obligations under this GCC Clause 27.

The Contractor may, with the consent of the Employer, remove from
the Site any Plant or any part of the Facilities that are defective if the
nature of the defect, and/or any damage to the Facilities caused by the
defect, is such that repairs cannot be expeditiously carried out at the
Site.

27.6 If the repair, replacement or making good is of such a character that it

may affect the efficiency of the Facilities or any part thereof, the
Employer may give to the Contractor a notice requiring that tests of
the defective part of the Facilities shall be made by the Contractor
immediately upon completion of such remedial work, whereupon the

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Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair,
replacement or making good, as the case may be, until that part of the
Facilities passes such tests. The tests shall be agreed upon by the
Employer and the Contractor.

27.7 If the Contractor fails to commence the work necessary to remedy

such defect or any damage to the Facilities caused by such defect
within a reasonable time (which shall in no event be considered to be
less than fifteen (15) days), the Employer may, following notice to the
Contractor, proceed to do such work, and the reasonable costs incurred
by the Employer in connection therewith shall be paid to the Employer
by the Contractor or may be deducted by the Employer from any
monies due the Contractor or claimed under the Performance Security.

27.8 If the Facilities or any part thereof cannot be used by reason of such
defect and/or making good of such defect, the Defect Liability Period
of the Facilities or such part, as the case may be, shall be extended by
a period equal to the period during which the Facilities or such part
cannot be used by the Employer because of any of the aforesaid
reasons.

27.9 Except as provided in GCC Clauses 27 and 33, the Contractor shall be
under no liability whatsoever and howsoever arising, and whether
under the Contract or at law, in respect of defects in the Facilities or
any part thereof, the Plant, design or engineering or work executed that
appear after Completion of the Facilities or any part thereof, except
where such defects are the result of the gross negligence, fraud, or
criminal or willful action of the Contractor.

27.10 In addition, any such component of the Facilities, and during the
period of time as may be specified in the PCC, shall be subject to an
extended defect liability period. Such obligation of the Contractor
shall be in addition to the defect liability period specified under GCC
Sub-Clause 27.2.

28. Functional 28.1 The Contractor guarantees that during the Guarantee Test, the
Guarantees Facilities and all parts thereof shall attain the Functional Guarantees
specified in the Appendix to the Contract Agreement titled Functional
Guarantees, subject to and upon the conditions therein specified.

28.2 If, for reasons attributable to the Contractor, the minimum level of the
Functional Guarantees specified in the Appendix to the Contract
Agreement titled Functional Guarantees, are not met either in whole or
in part, the Contractor shall at its cost and expense make such changes,
modifications and/or additions to the Plant or any part thereof as may
be necessary to meet at least the minimum level of such Guarantees.

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The Contractor shall notify the Employer upon completion of the

necessary changes, modifications and/or additions, and shall request
the Employer to repeat the Guarantee Test until the minimum level of
the Guarantees has been met. If the Contractor eventually fails to meet
the minimum level of Functional Guarantees, the Employer may
consider termination of the Contract, pursuant to GCC Sub-Clause
42.2.2.

28.3 If, for reasons attributable to the Contractor, the Functional Guarantees
specified in the Appendix to the Contract Agreement titled Functional
Guarantees, are not attained either in whole or in part, but the
minimum level of the Functional Guarantees specified in the said
Appendix to the Contract Agreement is met, the Contractor shall, at
the Contractor’s option, either

(a) make such changes, modifications and/or additions to the

Facilities or any part thereof that are necessary to attain the
Functional Guarantees at its cost and expense, and shall request
the Employer to repeat the Guarantee Test or

(b) pay liquidated damages to the Employer in respect of the failure

to meet the Functional Guarantees in accordance with the
provisions in the Appendix to the Contract Agreement titled
Functional Guarantees.

28.4 The payment of liquidated damages under GCC Sub-Clause 28.3, up

to the limitation of liability specified in the Appendix to the Contract
Agreement titled Functional Guarantees, shall completely satisfy the
Contractor’s guarantees under GCC Sub-Clause 28.3, and the
Contractor shall have no further liability whatsoever to the Employer
in respect thereof. Upon the payment of such liquidated damages by
the Contractor, the Project Manager shall issue the Operational
Acceptance Certificate for the Facilities or any part thereof in respect
of which the liquidated damages have been so paid.

29. Patent 29.1 The Contractor shall, subject to the Employer’s compliance with GCC
Indemnity Sub-Clause 29.2, indemnify and hold harmless the Employer and its
employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs,
and expenses of whatsoever nature, including attorney’s fees and
expenses, which the Employer may suffer as a result of any
infringement or alleged infringement of any patent, utility model,
registered design, trademark, copyright or other intellectual property
right registered or otherwise existing at the date of the Contract by
reason of: (a) the installation of the Facilities by the Contractor or the
use of the Facilities in the country where the Site is located; and (b)
the sale of the products produced by the Facilities in any country.

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Such indemnity shall not cover any use of the Facilities or any part
thereof other than for the purpose indicated by or to be reasonably
inferred from the Contract, any infringement resulting from the use of
the Facilities or any part thereof, or any products produced thereby in
association or combination with any other equipment, plant or
materials not supplied by the Contractor, pursuant to the Contract
Agreement.

29.2 If any proceedings are brought or any claim is made against the
Employer arising out of the matters referred to in GCC Sub-Clause
29.1, the Employer shall promptly give the Contractor a notice thereof,
and the Contractor may at its own expense and in the Employer’s
name conduct such proceedings or claim and any negotiations for the
settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28)

days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify
the Employer within the twenty-eight (28) day period, the Employer
shall make no admission that may be prejudicial to the defense of any
such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.

29.3 The Employer shall indemnify and hold harmless the Contractor and
its employees, officers and Subcontractors from and against any and
all suits, actions or administrative proceedings, claims, demands,
losses, damages, costs, and expenses of whatsoever nature, including
attorney’s fees and expenses, which the Contractor may suffer as a
result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright or other intellectual
property right registered or otherwise existing at the date of the
Contract arising out of or in connection with any design, data,
drawing, specification, or other documents or materials provided or
designed by or on behalf of the Employer.

30. Limitation of 30.1 Except in cases of criminal negligence or willful misconduct,

Liability
(a) neither Party shall be liable to the other Party, whether in
contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of profits
or interest costs, which may be suffered by the other Party in
connection with the Contract, other than specifically provided as

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any obligation of the Party in the Contract, and

(b) the aggregate liability of the Contractor to the Employer,

whether under the Contract, in tort or otherwise, shall not
exceed the amount resulting from the application of the
multiplier specified in the PCC, to the Contract Price or, if a
multiplier is not so specified, the total Contract Price, provided
that this limitation shall not apply to the cost of repairing or
replacing defective equipment, or to any obligation of the
Contractor to indemnify the Employer with respect to patent
infringement.

G. Risk Distribution

31. Transfer of 31.1 Ownership of the Plant (including spare parts) to be imported into the
Ownership country where the Site is located shall be transferred to the Employer
upon loading on to the mode of transport to be used to convey the
Plant from the country of origin to that country.

31.2 Ownership of the Plant (including spare parts) procured in the country
where the Site is located shall be transferred to the Employer when the
Plant are brought on to the Site.

31.3 Ownership of the Contractor’s Equipment used by the Contractor and

its Subcontractors in connection with the Contract shall remain with
the Contractor or its Subcontractors.

31.4 Ownership of any Plant in excess of the requirements for the Facilities
shall revert to the Contractor upon Completion of the Facilities or at
such earlier time when the Employer and the Contractor agree that the
Plant in question are no longer required for the Facilities.

31.5 Notwithstanding the transfer of ownership of the Plant, the

responsibility for care and custody thereof together with the risk of
loss or damage thereto shall remain with the Contractor pursuant to
GCC Clause 32 (Care of Facilities) hereof until Completion of the
Facilities or the part thereof in which such Plant are incorporated.

32. Care of 32.1 The Contractor shall be responsible for the care and custody of the
Facilities Facilities or any part thereof until the date of Completion of the Facilities
pursuant to GCC Clause 24 or, where the Contract provides for
Completion of the Facilities in parts, until the date of Completion of the
relevant part, and shall make good at its own cost any loss or damage that
may occur to the Facilities or the relevant part thereof from any cause
whatsoever during such period. The Contractor shall also be responsible
for any loss or damage to the Facilities caused by the Contractor or its

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Subcontractors in the course of any work carried out, pursuant to GCC

Clause 27. Notwithstanding the foregoing, the Contractor shall not be
liable for any loss or damage to the Facilities or that part thereof caused
by reason of any of the matters specified or referred to in paragraphs (a),
(b) and (c) of GCC Sub-Clauses 32.2 and 38.1.

32.2 If any loss or damage occurs to the Facilities or any part thereof or to
the Contractor’s temporary facilities by reason of

(a) insofar as they relate to the country where the Site is located,
nuclear reaction, nuclear radiation, radioactive contamination,
pressure wave caused by aircraft or other aerial objects, or any
other occurrences that an experienced contractor could not
reasonably foresee, or if reasonably foreseeable could not
reasonably make provision for or insure against, insofar as such
risks are not normally insurable on the insurance market and are
mentioned in the general exclusions of the policy of insurance,
including War Risks and Political Risks, taken out under GCC
Clause 34 hereof; or

(b) any use or occupation by the Employer or any third Party other
than a Subcontractor, authorized by the Employer of any part of
the Facilities; or

(c) any use of or reliance upon any design, data or specification

provided or designated by or on behalf of the Employer, or any
such matter for which the Contractor has disclaimed
responsibility herein,

the Employer shall pay to the Contractor all sums payable in respect of
the Facilities executed, notwithstanding that the same be lost,
destroyed or damaged, and will pay to the Contractor the replacement
value of all temporary facilities and all parts thereof lost, destroyed or
damaged. If the Employer requests the Contractor in writing to make
good any loss or damage to the Facilities thereby occasioned, the
Contractor shall make good the same at the cost of the Employer in
accordance with GCC Clause 39. If the Employer does not request the
Contractor in writing to make good any loss or damage to the
Facilities thereby occasioned, the Employer shall either request a
change in accordance with GCC Clause 39, excluding the performance
of that part of the Facilities thereby lost, destroyed or damaged, or,
where the loss or damage affects a substantial part of the Facilities, the
Employer shall terminate the Contract pursuant to GCC Sub-Clause
42.1 hereof.

32.3 The Contractor shall be liable for any loss of or damage to any
Contractor’s Equipment, or any other property of the Contractor used
or intended to be used for purposes of the Facilities, except (i) as
mentioned in GCC Sub-Clause 32.2 with respect to the Contractor’s

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temporary facilities, and (ii) where such loss or damage arises by

reason of any of the matters specified in GCC Sub-Clauses 32.2 (b)
and (c) and 38.1.

32.4 With respect to any loss or damage caused to the Facilities or any part
thereof or to the Contractor’s Equipment by reason of any of the
matters specified in GCC Sub-Clause 38.1, the provisions of GCC
Sub-Clause 38.3 shall apply.

33. Loss of or 33.1 Subject to GCC Sub-Clause 33.3, the Contractor shall indemnify and
Damage to hold harmless the Employer and its employees and officers from and
Property; against any and all suits, actions or administrative proceedings, claims,
Accident or demands, losses, damages, costs, and expenses of whatsoever nature,
Injury to including attorney’s fees and expenses, in respect of the death or
Workers; injury of any person or loss of or damage to any property other than
Indemnification the Facilities whether accepted or not, arising in connection with the
supply and installation of the Facilities and by reason of the negligence
of the Contractor or its Subcontractors, or their employees, officers or
agents, except any injury, death or property damage caused by the
negligence of the Employer, its contractors, employees, officers or
agents.

33.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GCC
Sub-Clause 33.1, the Employer shall promptly give the Contractor a
notice thereof and the Contractor may at its own expense and in the
Employer’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Employer within twenty-eight (28)

days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Employer shall be free to conduct the
same on its own behalf. Unless the Contractor has so failed to notify
the Employer within the twenty-eight (28) day period, the Employer
shall make no admission that may be prejudicial to the defense of any
such proceedings or claim.

The Employer shall, at the Contractor’s request, afford all available

assistance to the Contractor in conducting such proceedings or claim,
and shall be reimbursed by the Contractor for all reasonable expenses
incurred in so doing.

33.3 The Employer shall indemnify and hold harmless the Contractor and
its employees, officers and Subcontractors from any liability for loss
of or damage to property of the Employer, other than the Facilities not
yet taken over, that is caused by fire, explosion or any other perils, in
excess of the amount recoverable from insurances procured under
GCC Clause 34, provided that such fire, explosion or other perils were

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not caused by any act or failure of the Contractor.

33.4 The Party entitled to the benefit of an indemnity under this GCC
Clause 33 shall take all reasonable measures to mitigate any loss or
damage which has occurred. If the Party fails to take such measures,
the other Party’s liabilities shall be correspondingly reduced.

34. Insurance 34.1 To the extent specified in the Appendix to the Contract Agreement
titled Insurance Requirements, the Contractor shall at its expense take
out and maintain in effect, or cause to be taken out and maintained in
effect, during the performance of the Contract, the insurances set forth
below in the sums and with the deductibles and other conditions
specified in the said Appendix. The identity of the insurers and the
form of the policies shall be subject to the approval of the Employer,
who should not unreasonably withhold such approval.

(a) Cargo Insurance During Transport

Covering loss or damage occurring while in transit from the

Contractor’s or Subcontractor’s works or stores until arrival at
the Site, to the Plant (including spare parts therefor) and to the
Contractor’s Equipment.

(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site,

occurring prior to Completion of the Facilities, with an extended
maintenance coverage for the Contractor’s liability in respect of
any loss or damage occurring during the Defect Liability Period
while the Contractor is on the Site for the purpose of performing
its obligations during the Defect Liability Period.

(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third Parties

including the Employer’s personnel, and loss of or damage to
property occurring in connection with the supply and
installation of the Facilities.

(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its

Subcontractors, whether or not owned by them, in connection
with the execution of the Contract.

(e) Workers’ Compensation

In accordance with the statutory requirements applicable in any

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country where the Contract or any part thereof is executed.

(f) Employer’s Liability

In accordance with the statutory requirements applicable in any

country where the Contract or any part thereof is executed.

(g) Other Insurances

Such other insurances as may be specifically agreed upon by the

Parties hereto as listed in the Appendix to the Contract
Agreement titled Insurance Requirements.

34.2 The Employer shall be named as co-insured under all insurance

policies taken out by the Contractor pursuant to GCC Sub-Clause 34.1,
except for the Third Party Liability, Workers’ Compensation and
Employer’s Liability Insurances, and the Contractor’s Subcontractors
shall be named as co-insureds under all insurance policies taken out by
the Contractor pursuant to GCC Sub-Clause 34.1 except for the Cargo
Insurance During Transport, Workers’ Compensation and Employer’s
Liability Insurances. All insurer’s rights of subrogation against such
co-insureds for losses or claims arising out of the performance of the
Contract shall be waived under such policies.

34.3 The Contractor shall, in accordance with the provisions of the

Appendix to the Contract Agreement titled Insurance Requirements,
deliver to the Employer certificates of insurance or copies of the
insurance policies as evidence that the required policies are in full
force and effect. The certificates shall provide that no less than
twenty-one (21) days’ notice shall be given to the Employer by
insurers prior to cancellation or material modification of a policy.

34.4 The Contractor shall ensure that, where applicable, its

Subcontractor(s) shall take out and maintain in effect adequate
insurance policies for their personnel and vehicles and for work
executed by them under the Contract, unless such Subcontractors are
covered by the policies taken out by the Contractor.

34.5 The Employer shall at its expense take out and maintain in effect
during the performance of the Contract those insurances specified in
the Appendix to the Contract Agreement titled Insurance
Requirements, in the sums and with the deductibles and other
conditions specified in the said Appendix. The Contractor and the
Contractor’s Subcontractors shall be named as co-insureds under all
such policies. All insurers’ rights of subrogation against such co-
insureds for losses or claims arising out of the performance of the
Contract shall be waived under such policies. The Employer shall
deliver to the Contractor satisfactory evidence that the required
insurances are in full force and effect. The policies shall provide that

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not less than twenty-one (21) days’ notice shall be given to the
Contractor by all insurers prior to any cancellation or material
modification of the policies. If so requested by the Contractor, the
Employer shall provide copies of the policies taken out by the
Employer under this GCC Sub-Clause 34.5.

34.6 If the Contractor fails to take out and/or maintain in effect the
insurances referred to in GCC Sub-Clause 34.1, the Employer may
take out and maintain in effect any such insurances and may from time
to time deduct from any amount due the Contractor under the Contract
any premium that the Employer shall have paid to the insurer, or may
otherwise recover such amount as a debt due from the Contractor. If
the Employer fails to take out and/or maintain in effect the insurances
referred to in GCC 34.5, the Contractor may take out and maintain in
effect any such insurances and may from time to time deduct from any
amount due the Employer under the Contract any premium that the
Contractor shall have paid to the insurer, or may otherwise recover
such amount as a debt due from the Employer. If the Contractor fails
to or is unable to take out and maintain in effect any such insurances,
the Contractor shall nevertheless have no liability or responsibility
towards the Employer, and the Contractor shall have full recourse
against the Employer for any and all liabilities of the Employer herein.

34.7 Unless otherwise provided in the Contract, the Contractor shall

prepare and conduct all and any claims made under the policies
effected by it pursuant to this GCC Clause 34, and all monies payable
by any insurers shall be paid to the Contractor. The Employer shall
give to the Contractor all such reasonable assistance as may be
required by the Contractor. With respect to insurance claims in which
the Employer’s interest is involved, the Contractor shall not give any
release or make any compromise with the insurer without the prior
written consent of the Employer. With respect to insurance claims in
which the Contractor’s interest is involved, the Employer shall not
give any release or make any compromise with the insurer without the
prior written consent of the Contractor.

35. Unforeseen 35.1 If, during the execution of the Contract, the Contractor shall encounter
Conditions on the Site any physical conditions other than climatic conditions, or
artificial obstructions that could not have been reasonably foreseen
prior to the date of the Contract Agreement by an experienced
contractor on the basis of reasonable examination of the data relating
to the Facilities including any data as to boring tests, provided by the
Employer, and on the basis of information that it could have obtained
from a visual inspection of the Site if access thereto was available, or
other data readily available to it relating to the Facilities, and if the
Contractor determines that it will in consequence of such conditions or
obstructions incur additional cost and expense or require additional
time to perform its obligations under the Contract that would not have

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been required if such physical conditions or artificial obstructions had

not been encountered, the Contractor shall promptly, and before
performing additional work or using additional Plant or Contractor’s
Equipment, notify the Project Manager in writing of

(a) the physical conditions or artificial obstructions on the Site that

could not have been reasonably foreseen;

(b) the additional work and/or Plant and/or Contractor’s Equipment

required, including the steps which the Contractor will or
proposes to take to overcome such conditions or obstructions;

(c) the extent of the anticipated delay; and

(d) the additional cost and expense that the Contractor is likely to
incur.

On receiving any notice from the Contractor under this GCC Sub-
Clause 35.1, the Project Manager shall promptly consult with the
Employer and Contractor and decide upon the actions to be taken to
overcome the physical conditions or artificial obstructions
encountered. Following such consultations, the Project Manager shall
instruct the Contractor, with a copy to the Employer, of the actions to
be taken.

35.2 Any reasonable additional cost and expense incurred by the Contractor
in following the instructions from the Project Manager to overcome
such physical conditions or artificial obstructions referred to in GCC
Sub-Clause 35.1 shall be paid by the Employer to the Contractor as an
addition to the Contract Price.

If the Contractor is delayed or impeded in the performance of the

Contract because of any such physical conditions or artificial
obstructions referred to in GCC Sub-Clause 35.1, the Time for
Completion shall be extended in accordance with GCC Clause 40.

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36. Change in 36.1 If, after the date twenty-eight (28) days prior to the date of Bid
Laws and submission, in the country where the Site is located, any law,
Regulations regulation, ordinance, order or by-law having the force of law is
enacted, promulgated, abrogated or changed which shall be deemed to
include any change in interpretation or application by the competent
authorities, that subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion, the Contract Price shall be
correspondingly increased or decreased, and/or the Time for
Completion shall be reasonably adjusted to the extent that the
Contractor has thereby been affected in the performance of any of its
obligations under the Contract. Notwithstanding the foregoing, such
additional or reduced costs shall not be separately paid or credited if
the same has already been accounted for in the price adjustment
provisions where applicable, in accordance with the PCC pursuant to
GCC Sub-Clause 11.2.

37. Force Majeure 37.1 “Force Majeure” shall mean any event beyond the reasonable control
of the Employer or of the Contractor, as the case may be, and which is
unavoidable notwithstanding the reasonable care of the Party affected,
and shall include, without limitation, the following:

(a) war, hostilities or warlike operations whether a state of war be

declared or not, invasion, act of foreign enemy and civil war

(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or

military government, conspiracy, riot, civil commotion and
terrorist acts

(c) confiscation, nationalization, mobilization, commandeering or

requisition by or under the order of any government or de jure or
de facto authority or ruler or any other act or failure to act of any
local state or national government authority

(d) strike, sabotage, lockout, embargo, import restriction, port

congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, shortage or
restriction of power supply, epidemics, quarantine and plague

(e) earthquake, landslide, volcanic activity, fire, flood or

inundation, tidal wave, typhoon or cyclone, hurricane, storm,
lightning, or other inclement weather condition, nuclear and
pressure waves or other natural or physical disaster

(f) shortage of labor, materials or utilities where caused by

circumstances that are themselves Force Majeure.

37.2 If either Party is prevented, hindered or delayed from or in performing

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any of its obligations under the Contract by an event of Force Majeure,

then it shall notify the other in writing of the occurrence of such event
and the circumstances thereof within fourteen (14) days after the
occurrence of such event.

37.3 The Party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the
Contract for so long as the relevant event of Force Majeure continues
and to the extent that such Party’s performance is prevented, hindered
or delayed. The Time for Completion shall be extended in accordance
with GCC Clause 40.

37.4 The Party or Parties affected by the event of Force Majeure shall use
reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfill its or their obligations under
the Contract, but without prejudice to either Party’s right to terminate
the Contract under GCC Sub-Clauses 37.6 and 38.5.

37.5 No delay or nonperformance by either Party hereto caused by the

occurrence of any event of Force Majeure shall

(a) constitute a default or breach of the Contract, or

(b) give rise to any claim for damages or additional cost or expense
occasioned thereby, subject to GCC Sub-Clauses 32.2, 38.3 and
38.4

if and to the extent that such delay or nonperformance is caused by the

occurrence of an event of Force Majeure.

37.6 If the performance of the Contract is substantially prevented, hindered

or delayed for a single period of more than sixty (60) days or an
aggregate period of more than one hundred and twenty (120) days on
account of one or more events of Force Majeure during the currency of
the Contract, the Parties will attempt to develop a mutually satisfactory
solution, failing which either Party may terminate the Contract by
giving a notice to the other, but without prejudice to either Party’s
right to terminate the Contract under GCC Sub-Clause 38.5.

37.7 In the event of termination pursuant to GCC Sub-Clause 37.6, the

rights and obligations of the Employer and the Contractor shall be as
specified in GCC Sub-Clauses 42.1.2 and 42.1.3.

37.8 Notwithstanding GCC Sub-Clause 37.5, Force Majeure shall not apply
to any obligation of the Employer to make payments to the Contractor
herein.

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38. War Risks 38.1 “War Risks” shall mean any event specified in paragraphs (a) and (b)
of GCC Sub-Clause 37.1 and any explosion or impact of any mine,
bomb, shell, grenade or other projectile, missile, munitions or
explosive of war, occurring or existing in or near the country (or
countries) where the Site is located.

38.2 Notwithstanding anything contained in the Contract, the Contractor shall

have no liability whatsoever for or with respect to

(a) destruction of or damage to Facilities, Plant, or any part thereof;

(b) destruction of or damage to property of the Employer or any

third Party; or

(c) injury or loss of life

if such destruction, damage, injury or loss of life is caused by any War

Risks, and the Employer shall indemnify and hold the Contractor
harmless from and against any and all claims, liabilities, actions,
lawsuits, damages, costs, charges or expenses arising in consequence
of or in connection with the same.

38.3 If the Facilities or any Plant or Contractor’s Equipment or any other

property of the Contractor used or intended to be used for the purposes
of the Facilities shall sustain destruction or damage by reason of any
War Risks, the Employer shall pay the Contractor for

(a) any part of the Facilities or the Plant so destroyed or damaged to

the extent not already paid for by the Employer

and so far as may be required by the Employer, and as may be

necessary for completion of the Facilities

(b) replacing or making good any Contractor’s Equipment or other

property of the Contractor so destroyed or damaged

(c) replacing or making good any such destruction or damage to the

Facilities or the Plant or any part thereof.

If the Employer does not require the Contractor to replace or make

good any such destruction or damage to the Facilities, the Employer
shall either request a change in accordance with GCC Clause 39,
excluding the performance of that part of the Facilities thereby
destroyed or damaged or, where the loss, destruction or damage affects
a substantial part of the Facilities, shall terminate the Contract,
pursuant to GCC Sub-Clause 42.1.

If the Employer requires the Contractor to replace or make good on

any such destruction or damage to the Facilities, the Time for

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Completion shall be extended in accordance with GCC 40.

38.4 Notwithstanding anything contained in the Contract, the Employer

shall pay the Contractor for any increased costs or incidentals to the
execution of the Contract that are in any way attributable to,
consequent on, resulting from, or in any way connected with any War
Risks, provided that the Contractor shall as soon as practicable notify
the Employer in writing of any such increased cost.

38.5 If during the performance of the Contract any War Risks shall occur
that financially or otherwise materially affect the execution of the
Contract by the Contractor, the Contractor shall use its reasonable
efforts to execute the Contract with due and proper consideration
given to the safety of its and its Subcontractors’ personnel engaged in
the work on the Facilities, provided, however, that if the execution of
the work on the Facilities becomes impossible or is substantially
prevented for a single period of more than sixty (60) days or an
aggregate period of more than one hundred and twenty (120) days on
account of any War Risks, the Parties will attempt to develop a
mutually satisfactory solution, failing which either Party may
terminate the Contract by giving a notice to the other.

38.6 In the event of termination pursuant to GCC Sub-Clauses 38.3 or 38.5,

the rights and obligations of the Employer and the Contractor shall be
specified in GCC Sub-Clauses 42.1.2 and 42.1.3.

H. Change in Contract Elements

39. Change in the 39.1 Introducing a Change

Facilities
39.1.1 Subject to GCC Sub-Clauses 39.2.5 and 39.2.7, the Employer
shall have the right to propose, and subsequently require, that
the Project Manager order the Contractor from time to time
during the performance of the Contract to make any change,
modification, addition or deletion to, in or from the Facilities
hereinafter called “Change”, provided that such Change falls
within the general scope of the Facilities and does not constitute
unrelated work and that it is technically practicable, taking into
account both the state of advancement of the Facilities and the
technical compatibility of the Change envisaged with the nature
of the Facilities as specified in the Contract.

39.1.2 Value Engineering: The Contractor may prepare, at its own cost,
a value engineering proposal at any time during the performance
of the contract. The value engineering proposal shall, at a
minimum, include the following;

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(a) the proposed change(s), and a description of the

difference to the existing contract requirements;

(b) a full cost/benefit analysis of the proposed change(s)

including a description and estimate of costs (including life
cycle costs) the Employer may incur in implementing the
value engineering proposal; and

(c) a description of any effect(s) of the change on

performance/functionality.

The Employer may accept the value engineering proposal if the

proposal demonstrates benefits that:

(a) accelerates the delivery period; or

(b) reduces the Contract Price or the life cycle costs to the
Employer; or

(c) improves the quality, efficiency, safety or sustainability

of the Facilities; or

(d) yields any other benefits to the Employer,

without compromising the necessary functions of the Facilities.

If the value engineering proposal is approved by the Employer

and results in:

(a) a reduction of the Contract Price; the amount to be paid

to the Contractor shall be the percentage specified in the
PCC of the reduction in the Contract Price; or

(b) an increase in the Contract Price; but results in a

reduction in life cycle costs due to any benefit described in
(a) to (d) above, the amount to be paid to the Contractor
shall be the full increase in the Contract Price.

39.1.3 Notwithstanding GCC Sub-Clauses 39.1.1 and 39.1.2, no

change made necessary because of any default of the Contractor
in the performance of its obligations under the Contract shall be
deemed to be a Change, and such change shall not result in any
adjustment of the Contract Price or the Time for Completion.

39.1.4 The procedure on how to proceed with and execute Changes is

specified in GCC Sub-Clauses 39.2 and 39.3, and further details
and forms are provided in the Employer’s Requirements (Forms
and Procedures).

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39.2 Changes Originating from Employer

39.2.1 If the Employer proposes a Change pursuant to GCC Sub-

Clause 39.1.1, it shall send to the Contractor a “Request for
Change Proposal,” requiring the Contractor to prepare and
furnish to the Project Manager as soon as reasonably
practicable a “Change Proposal,” which shall include the
following:

(a) brief description of the Change

(b) effect on the Time for Completion

(c) estimated cost of the Change

(d) effect on Functional Guarantees (if any)

(e) effect on the Facilities

(f) effect on any other provisions of the Contract.

39.2.2 Prior to preparing and submitting the “Change Proposal,” the

Contractor shall submit to the Project Manager an “Estimate
for Change Proposal,” which shall be an estimate of the cost of
preparing and submitting the Change Proposal.

Upon receipt of the Contractor’s Estimate for Change

Proposal, the Employer shall do one of the following:

(a) accept the Contractor’s estimate with instructions to

the Contractor to proceed with the preparation of the
Change Proposal

(b) advise the Contractor of any part of its Estimate for

Change Proposal that is unacceptable and request the
Contractor to review its estimate

(c) advise the Contractor that the Employer does not

intend to proceed with the Change.

39.2.3 Upon receipt of the Employer’s instruction to proceed under

GCC Sub-Clause 39.2.2 (a), the Contractor shall, with proper
expedition, proceed with the preparation of the Change
Proposal, in accordance with GCC Sub-Clause 39.2.1.

39.2.4 The pricing of any Change shall, as far as practicable, be

calculated in accordance with the rates and prices included in
the Contract. If such rates and prices are inequitable, the
Parties thereto shall agree on specific rates for the valuation of

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the Change.

39.2.5 If before or during the preparation of the Change Proposal it

becomes apparent that the aggregate effect of compliance
therewith and with all other Change Orders that have already
become binding upon the Contractor under this GCC Clause
39 would be to increase or decrease the Contract Price as
originally set forth in Article 2 (Contract Price) of the Contract
Agreement by more than fifteen percent (15%), the Contractor
may give a written notice of objection thereto prior to
furnishing the Change Proposal as aforesaid. If the Employer
accepts the Contractor’s objection, the Employer shall
withdraw the proposed Change and shall notify the Contractor
in writing thereof.

The Contractor’s failure to so object shall neither affect its

right to object to any subsequent requested Changes or Change
Orders herein, nor affect its right to take into account, when
making such subsequent objection, the percentage increase or
decrease in the Contract Price that any Change not objected to
by the Contractor represents.

39.2.6 Upon receipt of the Change Proposal, the Employer and the
Contractor shall mutually agree upon all matters therein
contained. Within fourteen (14) days after such agreement, the
Employer shall, if it intends to proceed with the Change, issue
the Contractor with a Change Order.

If the Employer is unable to reach a decision within fourteen

(14) days, it shall notify the Contractor with details of when
the Contractor can expect a decision.

If the Employer decides not to proceed with the Change for

whatever reason, it shall, within the said period of fourteen
(14) days, notify the Contractor accordingly. Under such
circumstances, the Contractor shall be entitled to
reimbursement of all costs reasonably incurred by it in the
preparation of the Change Proposal, provided that these do not
exceed the amount given by the Contractor in its Estimate for
Change Proposal submitted in accordance with GCC Sub-
Clause 39.2.2.

39.2.7 If the Employer and the Contractor cannot reach agreement on

the price for the Change, an equitable adjustment to the Time
for Completion, or any other matters identified in the Change
Proposal, the Employer may nevertheless instruct the
Contractor to proceed with the Change by issue of a “Pending
Agreement Change Order.”

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Upon receipt of a Pending Agreement Change Order, the

Contractor shall immediately proceed with effecting the
Changes covered by such Order. The Parties shall thereafter
attempt to reach agreement on the outstanding issues under the
Change Proposal.

If the Parties cannot reach agreement within sixty (60) days

from the date of issue of the Pending Agreement Change
Order, then the matter may be referred to the Adjudicator in
accordance with the provisions of GCC Sub-Clause 46.3.

39.3 Changes Originating from Contractor

39.3.1 If the Contractor proposes a Change pursuant to GCC Sub-

Clause 39.1.2, the Contractor shall submit to the Project
Manager a written “Application for Change Proposal,” giving
reasons for the proposed Change and including the information
specified in GCC Sub-Clause 39.1.2.

Upon receipt of the Application for Change Proposal, the

Parties shall follow the procedures outlined in GCC Sub-
Clauses 39.2.6 and 39.2.7. However, the Contractor shall not
be entitled to recover the costs of preparing the Application for
Change Proposal.

40. Extension of 40.1 The Time(s) for Completion specified in the PCC pursuant to GCC
Time for Sub-Clause 8.2 shall be extended if the Contractor is delayed or
Completion impeded in the performance of any of its obligations under the
Contract by reason of any of the following:

(a) any Change in the Facilities as provided in GCC Clause 39

(b) any occurrence of Force Majeure as provided in GCC Clause

37, unforeseen conditions as provided in GCC Clause 35, or
other occurrence of any of the matters specified or referred to in
paragraphs (a), (b) and (c) of GCC Sub-Clause 32.2

(c) any suspension order given by the Employer under GCC Clause
41 hereof or reduction in the rate of progress pursuant to GCC
Sub-Clause 41.2 or

(d) any changes in laws and regulations as provided in GCC Clause

36 or

(e) any default or breach of the Contract by the Employer,

Appendix to the Contract Agreement titled,or any activity, act
or omission of the Employer, or the Project Manager, or any

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other contractors employed by the Employer, or

(f) any delay on the part of a Subcontractor, provided such delay is

due to a cause for which the Contractor himself would have
been entitled to an extension of time under this sub-clause, or

(g) delays attributable to the Employer or caused by customs, or

(h) any other matter specifically mentioned in the Contract

by such period as shall be fair and reasonable in all the circumstances

and as shall fairly reflect the delay or impediment sustained by the
Contractor.

40.2 Except where otherwise specifically provided in the Contract, the

Contractor shall submit to the Project Manager a notice of a claim for
an extension of the Time for Completion, together with particulars of
the event or circumstance justifying such extension as soon as
reasonably practicable after the commencement of such event or
circumstance. As soon as reasonably practicable after receipt of such
notice and supporting particulars of the claim, the Employer and the
Contractor shall agree upon the period of such extension. In the event
that the Contractor does not accept the Employer’s estimate of a fair
and reasonable time extension, the Contractor shall be entitled to refer
the matter to an Adjudicator, pursuant to GCC Sub-Clause 46.3.

40.3 The Contractor shall at all times use its reasonable efforts to minimize
any delay in the performance of its obligations under the Contract.

40.4 In all cases where the Contractor has given a notice of a claim for an
extension of time under GCC 40.2, the Contractor shall consult with
the Project Manager in order to determine the steps (if any) which can
be taken to overcome or minimize the actual or anticipated delay. The
Contractor shall there after comply with all reasonable instructions
which the Project Manager shall give in order to minimize such delay.
If compliance with such instructions shall cause the Contractor to incur
extra costs and the Contractor is entitled to an extension of time under
GCC 40.1, the amount of such extra costs shall be added to the
Contract Price.

41. Suspension 41.1 The Employer may request the Project Manager, by notice to the
Contractor, to order the Contractor to suspend performance of any or
all of its obligations under the Contract. Such notice shall specify the
obligation of which performance is to be suspended, the effective date
of the suspension and the reasons therefor. The Contractor shall
thereupon suspend performance of such obligation, except those
obligations necessary for the care or preservation of the Facilities, until
ordered in writing to resume such performance by the Project

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Manager.

If, by virtue of a suspension order given by the Project Manager, other

than by reason of the Contractor’s default or breach of the Contract,
the Contractor’s performance of any of its obligations is suspended for
an aggregate period of more than ninety (90) days, then at any time
thereafter and provided that at that time such performance is still
suspended, the Contractor may give a notice to the Project Manager
requiring that the Employer shall, within twenty-eight (28) days of
receipt of the notice, order the resumption of such performance or
request and subsequently order a change in accordance with GCC
Clause 39, excluding the performance of the suspended obligations
from the Contract.

If the Employer fails to do so within such period, the Contractor may,

by a further notice to the Project Manager, elect to treat the
suspension, where it affects a part only of the Facilities, as a deletion
of such part in accordance with GCC Clause 39 or, where it affects the
whole of the Facilities, as termination of the Contract under GCC Sub-
Clause 42.1.

41.2 If

(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to
approve any invoice or supporting documents without just cause
pursuant to the Appendix to the Contract Agreement titled
Terms and Procedures of Payment, or commits a substantial
breach of the Contract, the Contractor may give a notice to the
Employer that requires payment of such sum, with interest
thereon as stipulated in GCC Sub-Clause 12.3, requires
approval of such invoice or supporting documents, or specifies
the breach and requires the Employer to remedy the same, as the
case may be. If the Employer fails to pay such sum together
with such interest, fails to approve such invoice or supporting
documents or give its reasons for withholding such approval, or
fails to remedy the breach or take steps to remedy the breach
within fourteen (14) days after receipt of the Contractor’s notice
or

(b) the Contractor is unable to carry out any of its obligations under
the Contract for any reason attributable to the Employer,
including but not limited to the Employer’s failure to provide
possession of or access to the Site or other areas in accordance
with GCC Sub-Clause 10.2, or failure to obtain any
governmental permit necessary for the execution and/or
completion of the Facilities,

then the Contractor may by fourteen (14) days’ notice to the

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Employer suspend performance of all or any of its obligations

under the Contract, or reduce the rate of progress.

41.3 If the Contractor’s performance of its obligations is suspended or the

rate of progress is reduced pursuant to this GCC Clause 41, then the
Time for Completion shall be extended in accordance with GCC Sub-
Clause 40.1, and any and all additional costs or expenses incurred by
the Contractor as a result of such suspension or reduction shall be paid
by the Employer to the Contractor in addition to the Contract Price,
except in the case of suspension order or reduction in the rate of
progress by reason of the Contractor’s default or breach of the
Contract.

41.4 During the period of suspension, the Contractor shall not remove from
the Site any Plant, any part of the Facilities or any Contractor’s
Equipment, without the prior written consent of the Employer.

42. Termination 42.1 Termination for Employer’s Convenience

42.1.1 The Employer may at any time terminate the Contract for any
reason by giving the Contractor a notice of termination that
refers to this GCC Sub-Clause 42.1.

42.1.2 Upon receipt of the notice of termination under GCC Sub-

Clause 42.1.1, the Contractor shall either immediately or upon
the date specified in the notice of termination

(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Facilities
already executed, or any work required to leave the Site
in a clean and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d) (ii) below

(c) remove all Contractor’s Equipment from the Site,

repatriate the Contractor’s and its Subcontractors’
personnel from the Site, remove from the Site any
wreckage, rubbish and debris of any kind, and leave the
whole of the Site in a clean and safe condition, and

(d) subject to the payment specified in GCC Sub-Clause

42.1.3,

(i) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of

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termination

(ii) to the extent legally possible, assign to the

Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant as of
the date of termination, and, as may be required by
the Employer, in any subcontracts concluded
between the Contractor and its Subcontractors; and

(iii) deliver to the Employer all non-proprietary

drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as
at the date of termination in connection with the
Facilities.

42.1.3 In the event of termination of the Contract under GCC Sub-

Clause 42.1.1, the Employer shall pay to the Contractor the
following amounts:

(a) the Contract Price, properly attributable to the parts of the

Facilities executed by the Contractor as of the date of
termination

(b) the costs reasonably incurred by the Contractor in the

removal of the Contractor’s Equipment from the Site and
in the repatriation of the Contractor’s and its
Subcontractors’ personnel

(c) any amounts to be paid by the Contractor to its

Subcontractors in connection with the termination of any
subcontracts, including any cancellation charges

(d) costs incurred by the Contractor in protecting the

Facilities and leaving the Site in a clean and safe
condition pursuant to paragraph (a) of GCC Sub-Clause
42.1.2

(e) the cost of satisfying all other obligations, commitments

and claims that the Contractor may in good faith have
undertaken with third Parties in connection with the
Contract and that are not covered by paragraphs (a)
through (d) above.

42.2 Termination for Contractor’s Default

42.2.1 The Employer, without prejudice to any other rights or remedies

it may possess, may terminate the Contract forthwith in the
following circumstances by giving a notice of termination and
its reasons therefor to the Contractor, referring to this GCC Sub-

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Clause 42.2:

(a) if the Contractor becomes bankrupt or insolvent, has a

receiving order issued against it, compounds with its
creditors, or, if the Contractor is a corporation, a
resolution is passed or order is made for its winding up,
other than a voluntary liquidation for the purposes of
amalgamation or reconstruction, a receiver is appointed
over any part of its undertaking or assets, or if the
Contractor takes or suffers any other analogous action in
consequence of debt

(b) if the Contractor assigns or transfers the Contract or any

right or interest therein in violation of the provision of
GCC Clause 43.

(c) if the Contractor, in the judgment of the Employer has

engaged in Fraud and Corruption, as defined in
paragrpah 2.2 a. of Appendix B to the GCC, in competing
for or in executing the Contract.

42.2.2 If the Contractor

(a) has abandoned or repudiated the Contract

(b) has without valid reason failed to commence work on the

Facilities promptly or has suspended, other than pursuant
to GCC Sub-Clause 41.2, the progress of Contract
performance for more than twenty-eight (28) days after
receiving a written instruction from the Employer to
proceed

(c) persistently fails to execute the Contract in accordance

with the Contract or persistently neglects to carry out its
obligations under the Contract without just cause

(d) refuses or is unable to provide sufficient materials,

services or labor to execute and complete the Facilities in
the manner specified in the program furnished under
GCC Sub-Clause 18.2 at rates of progress that give
reasonable assurance to the Employer that the Contractor
can attain Completion of the Facilities by the Time for
Completion as extended,

then the Employer may, without prejudice to any other rights it

may possess under the Contract, give a notice to the Contractor
stating the nature of the default and requiring the Contractor to
remedy the same. If the Contractor fails to remedy or to take
steps to remedy the same within fourteen (14) days of its receipt

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of such notice, then the Employer may terminate the Contract

forthwith by giving a notice of termination to the Contractor
that refers to this GCC Sub-Clause 42.2.

42.2.3 Upon receipt of the notice of termination under GCC Sub-

Clauses 42.2.1 or 42.2.2, the Contractor shall, either
immediately or upon such date as is specified in the notice of
termination,

(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Facilities
already executed, or any work required to leave the Site
in a clean and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d) below

(c) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of termination

(d) to the extent legally possible, assign to the Employer all

right, title and benefit of the Contractor to the Facilities
and to the Plant as of the date of termination, and, as may
be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors

(e) deliver to the Employer all drawings, specifications and

other documents prepared by the Contractor or its
Subcontractors as of the date of termination in connection
with the Facilities.

42.2.4 The Employer may enter upon the Site, expel the Contractor,
and complete the Facilities itself or by employing any third
Party. The Employer may, to the exclusion of any right of the
Contractor over the same, take over and use with the payment of
a fair rental rate to the Contractor, with all the maintenance
costs to the account of the Employer and with an
indemnification by the Employer for all liability including
damage or injury to persons arising out of the Employer’s use of
such equipment, any Contractor’s Equipment owned by the
Contractor and on the Site in connection with the Facilities for
such reasonable period as the Employer considers expedient for
the supply and installation of the Facilities.

Upon completion of the Facilities or at such earlier date as the

Employer thinks appropriate, the Employer shall give notice to
the Contractor that such Contractor’s Equipment will be
returned to the Contractor at or near the Site and shall return

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such Contractor’s Equipment to the Contractor in accordance

with such notice. The Contractor shall thereafter without delay
and at its cost remove or arrange removal of the same from the
Site.

42.2.5 Subject to GCC Sub-Clause 42.2.6, the Contractor shall be

entitled to be paid the Contract Price attributable to the
Facilities executed as of the date of termination, the value of
any unused or partially used Plant on the Site, and the costs, if
any, incurred in protecting the Facilities and in leaving the Site
in a clean and safe condition pursuant to paragraph (a) of GCC
Sub-Clause 42.2.3. Any sums due the Employer from the
Contractor accruing prior to the date of termination shall be
deducted from the amount to be paid to the Contractor under
this Contract.

42.2.6 If the Employer completes the Facilities, the cost of completing

the Facilities by the Employer shall be determined.

If the sum that the Contractor is entitled to be paid, pursuant to

GCC Sub-Clause 42.2.5, plus the reasonable costs incurred by
the Employer in completing the Facilities, exceeds the Contract
Price, the Contractor shall be liable for such excess.

If such excess is greater than the sums due the Contractor under
GCC Sub-Clause 42.2.5, the Contractor shall pay the balance to
the Employer, and if such excess is less than the sums due the
Contractor under GCC Sub-Clause 42.2.5, the Employer shall
pay the balance to the Contractor.

The Employer and the Contractor shall agree, in writing, on the

computation described above and the manner in which any sums
shall be paid.

42.3 Termination by the Contractor

42.3.1 If

(a) the Employer has failed to pay the Contractor any sum
due under the Contract within the specified period, has
failed to approve any invoice or supporting documents
without just cause pursuant to the Appendix to the
Contract Agreement titled Terms and Procedures of
Payment, or commits a substantial breach of the
Contract, the Contractor may give a notice to the
Employer that requires payment of such sum, with
interest thereon as stipulated in GCC Sub-Clause 12.3,
requires approval of such invoice or supporting
documents, or specifies the breach and requires the

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Employer to remedy the same, as the case may be. If the

Employer fails to pay such sum together with such
interest, fails to approve such invoice or supporting
documents or give its reasons for withholding such
approval, fails to remedy the breach or take steps to
remedy the breach within fourteen (14) days after receipt
of the Contractor’s notice, or

(b) the Contractor is unable to carry out any of its

obligations under the Contract for any reason
attributable to the Employer, including but not limited to
the Employer’s failure to provide possession of or access
to the Site or other areas or failure to obtain any
governmental permit necessary for the execution and/or
completion of the Facilities,

then the Contractor may give a notice to the Employer thereof,

and if the Employer has failed to pay the outstanding sum, to
approve the invoice or supporting documents, to give its reasons
for withholding such approval, or to remedy the breach within
twenty-eight (28) days of such notice, or if the Contractor is still
unable to carry out any of its obligations under the Contract for
any reason attributable to the Employer within twenty-eight (28)
days of the said notice, the Contractor may by a further notice to
the Employer referring to this GCC Sub-Clause 42.3.1,
forthwith terminate the Contract.

42.3.2 The Contractor may terminate the Contract forthwith by giving

a notice to the Employer to that effect, referring to this GCC
Sub-Clause 42.3.2, if the Employer becomes bankrupt or
insolvent, has a receiving order issued against it, compounds
with its creditors, or, being a corporation, if a resolution is
passed or order is made for its winding up (other than a
voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its
undertaking or assets, or if the Employer takes or suffers any
other analogous action in consequence of debt.

42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or

42.3.2, then the Contractor shall immediately

(a) cease all further work, except for such work as may be
necessary for the purpose of protecting that part of the
Facilities already executed, or any work required to
leave the Site in a clean and safe condition

(b) terminate all subcontracts, except those to be assigned to

the Employer pursuant to paragraph (d) (ii)

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(c) remove all Contractor’s Equipment from the Site and

repatriate the Contractor’s and its Subcontractors’
personnel from the Site, and

(d) subject to the payment specified in GCC Sub-Clause

42.3.4,

(i) deliver to the Employer the parts of the Facilities

executed by the Contractor up to the date of
termination

(ii) to the extent legally possible, assign to the

Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant as of
the date of termination, and, as may be required
by the Employer, in any subcontracts concluded
between the Contractor and its Subcontractors,
and

(iii) deliver to the Employer all drawings,

specifications and other documents prepared by
the Contractor or its Subcontractors as of the date
of termination in connection with the Facilities.

42.3.4 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or

42.3.2, the Employer shall pay to the Contractor all payments
specified in GCC Sub-Clause 42.1.3, and reasonable
compensation for all loss, except for loss of profit, or damage
sustained by the Contractor arising out of, in connection with or
in consequence of such termination.

42.3.5 Termination by the Contractor pursuant to this GCC Sub-Clause

42.3 is without prejudice to any other rights or remedies of the
Contractor that may be exercised in lieu of or in addition to
rights conferred by GCC Sub-Clause 42.3.

42.4 In this GCC Clause 42, the expression “Facilities executed” shall
include all work executed, Installation Services provided, and all Plant
acquired, or subject to a legally binding obligation to purchase, by the
Contractor and used or intended to be used for the purpose of the
Facilities, up to and including the date of termination.

42.5 In this GCC Clause 42, in calculating any monies due from the Employer
to the Contractor, account shall be taken of any sum previously paid by
the Employer to the Contractor under the Contract, including any advance
payment paid pursuant to the Appendix to the Contract Agreement titled
Terms and Procedures of Payment.

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43. Assignment 43.1 Neither the Employer nor the Contractor shall, without the express
prior written consent of the other Party, which consent shall not be
unreasonably withheld, assign to any third Party the Contract or any
part thereof, or any right, benefit, obligation or interest therein or
thereunder, except that the Contractor shall be entitled to assign either
absolutely or by way of charge any monies due and payable to it or
that may become due and payable to it under the Contract.

44. Export 44.1 Deleted.

Restrictions

I. Claims, Disputes and Arbitration

45. Contractor’s 45.1 If the Contractor considers himself to be entitled to any extension of
Claims the Time for Completion and/or any additional payment, under any
Clause of these Conditions or otherwise in connection with the
Contract, the Contractor shall submit a notice to the Project Manager,
describing the event or circumstance giving rise to the claim. The
notice shall be given as soon as practicable, and not later than 28 days
after the Contractor became aware, or should have become aware, of
the event or circumstance.

If the Contractor fails to give notice of a claim within such period of 28

days, the Time for Completion shall not be extended, the Contractor
shall not be entitled to additional payment, and the Employer shall be
discharged from all liability in connection with the claim. Otherwise,
the following provisions of this Sub-Clause shall apply.

The Contractor shall also submit any other notices which are required
by the Contract, and supporting particulars for the claim, all as relevant
to such event or circumstance.

The Contractor shall keep such contemporary records as may be

necessary to substantiate any claim, either on the Site or at another
location acceptable to the Project Manager. Without admitting the
Employer’s liability, the Project Manager may, after receiving any
notice under this Sub-Clause, monitor the record-keeping and/or
instruct the Contractor to keep further contemporary records. The
Contractor shall permit the Project Manager to inspect all these
records, and shall (if instructed) submit copies to the Project Manager.

Within 42 days after the Contractor became aware (or should have
become aware) of the event or circumstance giving rise to the claim, or
within such other period as may be proposed by the Contractor and
approved by the Project Manager, the Contractor shall send to the

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Project Manager a fully detailed claim which includes full supporting

particulars of the basis of the claim and of the extension of time and/or
additional payment claimed. If the event or circumstance giving rise to
the claim has a continuing effect:

(a) this fully detailed claim shall be considered as interim;

(b) the Contractor shall send further interim claims at monthly

intervals, giving the accumulated delay and/or amount claimed,
and such further particulars as the Project Manager may
reasonably require; and

(c) the Contractor shall send a final claim within 28 days after the
end of the effects resulting from the event or circumstance, or
within such other period as may be proposed by the Contractor
and approved by the Project Manager.

Within 42 days after receiving a claim or any further particulars

supporting a previous claim, or within such other period as may be
proposed by the Project Manager and approved by the Contractor, the
Project Manager shall respond with approval, or with disapproval and
detailed comments. He may also request any necessary further
particulars, but shall nevertheless give his response on the principles of
the claim within such time.

Each Payment Certificate shall include such amounts for any claim as
have been reasonably substantiated as due under the relevant provision
of the Contract. Unless and until the particulars supplied are sufficient
to substantiate the whole of the claim, the Contractor shall only be
entitled to payment for such part of the claim as he has been able to
substantiate.

The Project Manager shall agree with the Contractor or estimate: (i) the
extension (if any) of the Time for Completion (before or after its
expiry) in accordance with GCC Clause 40, and/or (ii) the additional
payment (if any) to which the Contractor is entitled under the Contract.

The requirements of this Sub-Clause are in addition to those of any

other Sub-Clause which may apply to a claim. If the Contractor fails to
comply with this or another Sub-Clause in relation to any claim, any
extension of time and/or additional payment shall take account of the
extent (if any) to which the failure has prevented or prejudiced proper
investigation of the claim, unless the claim is excluded under the
second paragraph of this Sub-Clause.

In the event that the Contractor does not agree on any matter relating to
a claim, it may refer the matter to the Adjudicator pursuant to GCC 46
hereof.

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46. Disputes and 46.1 Appointment of the Adjudicator:

Arbitration
The Adjudicator shall be appointed jointly by the Employer and the
Contractor, at the time of the Employer’s issuance of the Letter of
Acceptance. If, in the Letter of Acceptance, the Employer does not
agree on the appointment of the Adjudicator, the Employer will request
the Appointing Authority designated in the PCC, to appoint the
Adjudicator within 14 days of receipt of such request.

The Adjudicator should be in position before “notice to proceed with

work” is issued to the Contractor and an agreement should be signed
with the Adjudicator jointly by the Employer and the Contractor in the
form attached – Appendix A.

46.2 Should the Adjudicator resign or die, or should the Employer and the
Contractor agree that the Adjudicator is not functioning in accordance
with the provisions of the Contract, a new Adjudicator shall be jointly
appointed by the Employer and the Contractor. In case of
disagreement between the Employer and the Contractor, within 30
days, the Adjudicator shall be designated by the Appointing Authority
designated in the PCC at the request of either party, within 14 days of
receipt of such request.

46.3 If the Contractor believes that a decision taken by the Project Manager
was either outside the authority given to the Project Manager by the
Contract or that the decision was wrongly taken, the decision shall be
referred to the Adjudicator within 14 days of the notification of the
Project Manager’s decision.

46.4 The Adjudicator shall give a decision in writing within 28 days of

receipt of a notification of a dispute.

The Adjudicator shall be paid daily at the rate specified in the PCC,
together with reimbursable expenses of the types specified in the
PCC, and the cost shall be divided equally between the Employer and
the Contractor. Whatever decision is reached by the Adjudicator, either
party may refer a decision of the Adjudicator to an Arbitrator within 28
days of the Adjudicator’s written decision. If neither party refers the
dispute to arbitration within the above 28 days, the Adjudicator’s
decision shall be final and binding.

46.5 Arbitration

The arbitration shall be conducted in accordance with the arbitration

procedures published by the institution named and in the place

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specified in the PCC.

The Arbitrator(s) shall give a decision in writing within 120 days of

start of the proceedings unless otherwise agreed to by the Parties. The
Arbitrators shall entertain only those issues which have been earlier
referred to the Adjudicator and either party is dissatisfied with the
decision given by the Adjudicator.

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APPENDIX A
Appointment of Adjudicator
NOT APPLICABLE

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SUMMARY OF AJUDICATIOR’S RESPONSIBILITIES

NOT APPLICABLE

Sample Format of Adjudicator’s Recommendation

NOT APPLICABLE

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APPENDIX B
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to procurement under
Bank Investment Project Financing operations.
2. Requirements
2.3 The Bank requires that Borrowers (including beneficiaries of Bank financing); bidders
(applicants/proposers), consultants, contractors and suppliers; any sub-contractors, sub-
consultants, service providers or suppliers; any agents (whether declared or not); and any of their
personnel, observe the highest standard of ethics during the procurement process, selection and
contract execution of Bank-financed contracts, and refrain from Fraud and Corruption.
2.4 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or
other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of another
party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions
of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Bank investigation into allegations of a corrupt, fraudulent,
coercive, or collusive practice; and/or threatening, harassing, or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Bank’s inspection and
audit rights provided for under paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
contractors, service providers, suppliers and/ or their employees, has, directly or indirectly,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for
the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other
appropriate actions, including declaring misprocurement, if the Bank determines at any time

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that representatives of the Borrower or of a recipient of any part of the proceeds of the loan
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the
procurement process, selection and/or execution of the contract in question, without the
Borrower having taken timely and appropriate action satisfactory to the Bank to address
such practices when they occur, including by failing to inform the Bank in a timely manner
at the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the Bank’s
prevailing sanctions policies and procedures, may sanction a firm or individual, either
indefinitely or for a stated period of time, including by publicly declaring such firm or
individual ineligible (i) to be awarded or otherwise benefit from a Bank-financed contract,
financially or in any other manner;14 (ii) to be a nominated15 sub-contractor, consultant,
manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a
Bank-financed contract; and (iii) to receive the proceeds of any loan made by the Bank or
otherwise to participate further in the preparation or implementation of any Bank-financed
project;
e. Requires that a clause be included in bidding/request for proposals documents and in
contracts financed by a Bank loan, requiring (i) bidders (applicants/proposers), consultants,
contractors, and suppliers, and their sub-contractors, sub-consultants, service providers,
suppliers, agents personnel, permit the Bank to inspect16 all accounts, records and other
documents relating to the procurement process, selection and/or contract execution, and to
have them audited by auditors appointed by the Bank.

14
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation,
(i) applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated
sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of
such contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing
contract.
15
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the
bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that
allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
16
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities
undertaken by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits,
such as evaluating the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms.
Such activity includes but is not limited to: accessing and examining a firm's or individual's financial records and
information, and making copies thereof as relevant; accessing and examining any other documents, data and
information (whether in hard copy or electronic format) deemed relevant for the investigation/audit, and making copies
thereof as relevant; interviewing staff and other relevant individuals; performing physical inspections and site visits;
and obtaining third party verification of information.

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Appendix C
Salient Features of Labour & Environment Protection Laws17

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS

APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER
CONSTRUCTION WORK

(a) Employees Compensation Act 1923: The Act provides for compensation in case of
injury, disease or death arising out of and during the course of employment.

(b) Payment of Gratuity Act 1972: gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years’
service or more or on death at the rate of 15 days wages for every completed year of
service. The Act is applicable to all establishments employing 10 or more employees.

(c) Employees P.F. and Miscellaneous Provision Act 1952 (since amended): The Act
provides for monthly contribution by the employer plus workers @ 10% or 8.33%. The
benefits payable under the Act are:

(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.

(d) Maternity Benefit Act 1961: The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.

(e) Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal)
Act, 2013: This Act defines sexual harassment in the workplace, provides for an enquiry
procedure in case of complaints and mandates the setting up of an Internal Complaints
Committee or a Local Complaints Committee

17
This list is only illustrative and not exhaustive. Bidders and Contractors are responsible for
checking the correctness and completeness of the list. The law as current on the date of bid opening
will apply.

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(f) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal
Employer by law. The Principal Employer is required to take Certificate of Registration
and the Contractor is required to take license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer if they employ 20
or more contract labour.

(g) Minimum Wages Act 1948: The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act if the
employment is a scheduled employment. Construction of Buildings, Roads, Runways
are scheduled employments.

(h) Payment of Wages Act 1936: It lays down the mode, manner and by what date the
wages are to be paid, what deductions can be made from the wages of the workers.

(i) Equal Remuneration Act 1976: The Act provides for payment of equal wages for work
of equal nature to male and female workers and for not making discrimination against
Female employees in the matters of transfers, training and promotions etc.

(j) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20
or more employees. Some of the State Governments have reduced this requirement from
20 to 10. The Act provides for payments of annual bonus subject to a minimum of 8.33%
of the wages drawn in the relevant year. It applies to skilled or unskilled manual,
supervisory, managerial, administrative, technical or clerical work for hire or reward to
employees who draw a salary of Rs. 10,000/- per month or less. To be eligible for bonus,
the employee should have worked in the establishment for not less than 30 working days
in the relevant year. The Act does not apply to certain establishments.

(k) Industrial Disputes Act 1947: the Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations, a strike or lock-out becomes illegal
and what are the requirements for laying off or retrenching the employees or closing
down the establishment.

(l) Trade Unions Act 1926: The Act lays down the procedure for registration of trade
unions of workmen and employers. The Trade Unions registered under the Act have
been given certain immunities from civil and criminal liabilities.

(m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes.
Employment of Child Labour is prohibited in the Building and Construction Industry.

(n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service)

Act 1979: The Act is applicable to an establishment which employs 5 or more inter-state

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migrant workmen through an intermediary (who has recruited workmen in one state for
employment in the establishment situated in another state). The Inter-State migrant
workmen, in an establishment to which this Act becomes applicable, are required to be
provided certain facilities such as housing, medical aid, traveling expenses from home
upto the establishment and back, etc.

(o) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Building and Other Construction Workers
Welfare Cess Act, 1996 (BOCWW Cess Act): All the establishments who carry on any
building or other construction work and employ 10 or more workers are covered under
these Acts. All such establishments are required to pay cess at the rate not exceeding 2%
of the cost of construction as may be notified by the Government. The Employer of the
establishment is required to provide safety measures at the building or construction work
and other welfare measures, such as Canteens, First – Aid facilities, Ambulance,
Housing accommodations for workers near the work place etc. The Employer to whom
the Act applies has to obtain a registration certificate from the Registering Officer
appointed by the Government.

(p) Factories Act 1948: the Act lays down the procedure for approval of plans before setting
up a factory engaged in manufacturing processes, health and safety provisions, welfare
provisions, working hours, annual earned leave and rendering information regarding
accidents or dangerous occurrences to designated authorities. It is applicable to premises
employing 10 persons or more with aid of power or 20 or more persons without the aid
of power.

(q) Weekly Holidays Act -1942

(r) Bonded Labour System (Abolition) Act, 1976: The Act provides for the abolition of
bonded labour system with a view to preventing the economic and physical exploitation
of weaker sections of society. Bonded labour covers all forms of forced labour, including
that arising out of a loan, debt or advance.

(s) Employer’s Liability Act, 1938: This Act protects workmen who bring suits for damages
against employers in case of injuries endured in the course of employment. Such injuries
could be on account of negligence on the part of the employer or persons employed by
them in maintenance of all machinery, equipment etc. in healthy and sound condition.

(t) Employees State Insurance Act 1948: The Act provides for certain benefits to insured
employees and their families in case of sickness, maternity and disablement arising out
of an employment injury. The Act applies to all employees in factories (as defined) or
establishments which may be so notified by the appropriate Government. The Act
provides for the setting up of an Employees’ State Insurance Fund, which is to be
administered by the Employees State Insurance Corporation. Contributions to the Fund
are paid by the employer and the employee at rates as prescribed by the Central
Government. The Act also provides for benefits to dependents of insured persons in case
of death as a result of an employment injury.

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(u) The Personal Injuries (Compensation Insurance) Act, 1963: This Act provides for the
employer’s liability and responsibility to pay compensation to employees where
workmen sustain personal injuries in the course of employment.

(v) Industrial Employment (Standing Order) Act 1946: It is applicable to all establishments
employing 100 or more workmen (employment size reduced by some of the States and
Central Government to 50). The Act provides for laying down rules governing the
conditions of employment by the Employer on matters provided in the Act and get the
same certified by the designated Authority.

SALIENT FEATURES OF SOME OF THE MAJOR LAWS THAT ARE APPLICABLE FOR
PROTECTION OF ENVIRONMENT.

1. The Environment (Protection) Act, 1986 and as amended: This provides for the protection and
improvement of environment and for matters connected therewith, and the prevention of hazards to
human beings, other living creatures, plants and property. ‘Environment’ includes water, air and
land and the inter-relationship which exists among and between water, air and land, and human
beings, other living creatures, plants, micro-organism and property.

2. The Forest Conservation Act, 1980, as amended, and Forest (Conservation) Rules, 1981 as amended:
These provides for protection of forests by restricting conversion of forested areas into non- forested
areas and prevention of deforestation, and stipulates the procedures for cutting any trees that might
be required by the applicable rules. Permissions under the Act also stipulates the norms and
compliance requirements of the employer and any contractor on behalf of the employer.

3. State Tree Preservation Acts as may be in force: These provide for protection of trees of important
species. Contractors will be required to obtain prior permission for full or partial cutting, uprooting,
or pruning of any such trees.

4. The Wildlife (Protection) Act, 1972, and as amended: This provides for protection of wildlife
through notifying National Parks and Sanctuaries and buffer areas around these zones; and to protect
individuals of nationally important species listed in the Annex of the Act.

5. The Biological Diversity Act, 2002: This provides for conservation of biological diversity,
sustainable use of components of biological diversity, and fair and equitable sharing of the benefits
arising out of the use of biological resources, knowledge and for matters connected therewith or
incidental thereto.
6. The Public Liability Insurance Act, 1991 as amended and The Public Liability Insurance Rules, 1991
as amended: These provide for public liability insurance for the purpose of providing immediate
relief to the persons affected by accident occurring while handling hazardous substances and for
mattes connected herewith or incidental thereto. Hazardous substance means any substance or

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preparation which is defined as hazardous substance under the Environment (Protection) Act 1986,
and exceeding such quantity as may be specified by notification by the Central Government.
7. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Ancient
Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, the
Ancient Monuments and Archaeological Sites and Remains Rules, 1959 amended 2011, the National
Monuments Authority Rules, 2011 and the similar State Acts: These provide for conservation of
cultural and historical remains found in India. Accordingly, area within the radii of 100m and 300m
from the “protected property” are designated as “protected area” and “controlled area” respectively.
No development activity (including building, mining, excavating, blasting) is permitted in the
“protected area” and development activities likely to damage the protected property is not permitted
in the “controlled area” without prior permission of the Archaeological Survey of India (ASI) or the
State Departments of Art and Culture or Archaeology as applicable.
8. The Environmental Impact Assessment Notification, 2006 and as amended: This provides for prior
environmental clearance for new, modernization and expansion projects listed in Schedule 1 of the
Notification. Contractors will be required to ensure that no work starts until applicable clearances
under the Notification is not available. Contractors will be responsible for implementation of any
environmental management plan stipulated as per the permission under this Notification; and will be
required to prepare and submit to the employer and compliance report stipulated in the permission
under the Notification.
9. The Water (Prevention and Control of Pollution) Act, 1974 as amended, and the Water (Prevention
and Control of Pollution) Rules, 1975 as amended: These provide for the prevention and control of
water pollution and the maintaining and restoring of wholesomeness of water. ‘Pollution’ means
such contamination of water or such alteration of the physical, chemical or biological properties of
water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water(whether directly or indirectly) as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic
organisms. Contractors will need to obtain consent for establishment and consent for operation of
any item of work or installation of equipment that generates waste water, and observe the required
standards of establishment and operation of these items of work or installations; as well as install and
operate all required waste water treatment facilities.
10. The Water (Prevention and Control of Pollution) Cess Act, 1977 and The Water (Prevention and
Control of Pollution) Cess Rules, 1978: These provide for the levy and collection of a cess on water
consumed by persons carrying on certain industries and by local authorities, with a view to augment
the resources of the Central Board and the State Boards for the prevention and control of water
pollution under the Water (Prevention and Control of Pollution) Act, 1974.
11. The Air (Prevention and Control of Pollution) Act, 1981 as amended, and the Air (Prevention and
Control of Pollution) Rules, 1982: These provides for prevention, control and abatement of air
pollution. ‘Air Pollution’ means the presence in the atmosphere of any ‘air pollutant’, which means
any solid, liquid or gaseous substance (including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living creatures or plants or
property or environment. Contractors will need to obtain consent for establishment and consent for
operation of any item of work or installation of equipment that generates air pollution such as
batching plants, hot mix plants, power generators, backup power generation, material handling

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processes, and observe the required standards of establishment and operation of these items of work
or installations.

12. Noise Pollution (Control and Regulation) Rules, 2000, and as amended: This provides for standards
for noise for day and night for various land uses and specifies special standards in and around
sensitive receptors of noise such as schools and hospitals. Contractors will need to ensure compliance
to the applicable standards, and install and operate all required noise control devices as may be
required for all plants and work processes.
13. Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996: This provides
for Requirement of preparation of on-site and off-site Disaster Management Plans for accident-prone
areas.
14. The Explosives Act 1884 and the Explosives Rules, 2008: These provide for safe manufacture,
possession, sale, use, transportation and import of explosive materials such as diesel, Oil and
lubricants etc.; and also for regulating the use of any explosives used in blasting and/or demolition.
All applicable provisions will need compliance by the contractors.
15. The Petroleum Rules, 2002: This provides for safe use and storage of petroleum products, and will
need to be complied by the contractors.
16. The Gas Cylinder Rules 2004 and amendments: This provides for regulations related to storage of
gas, and possession of gas cylinder more than the exempted quantity. Contractors should comply
with all the requirements of this Rule.
17. Manufacture, Storage and Import of Hazardous Chemical Rules of 1989 and as amended: These
provide for use and storage of hazardous material such as highly inflammable liquids like HSD/LPG.
Contractors will need to ensure compliance to the Rules; and in the event where the storage quantity
exceeds the regulated threshold limit, the contractors will be responsible for regular safety audits and
other reporting requirements as prescribed in the Rules.
18. Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016: These
provide for protection of general public from improper handling storage and disposal of hazardous
waste. The rules prescribe the management requirement of hazardous wastes from its generation to
final disposal. Contractors will need to obtain permission from the State Pollution Control Boards
and other designated authorities for storage and handling of any hazardous material; and will to
ensure full compliance to these rules and any conditions imposed in the permit.
19. The Bio Medical Waste Management Rules, 2016: This provides for control, storage, transportation
and disposal of bio-medical wastes. As and where the contractor has any first aid facility and
dispensaries, established in either temporary or permanent manner, compliance to these Rules are
mandatory.
20. Construction and Demolition Waste Management Rules, 2016: This provides for management of
construction and demolition waste (such as building materials possible to be reused, rubble and
debris or the like); and applies to all those waste resulting from construction, re-modelling, repair or
demolition of any civil structure. Contractor will need to prepare a waste disposal plan and obtain
required approval from local authorities, if waste generation is more than 20 tons in any day or 300

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tons in any month during the contract period; and ensure full compliance to these rules and any
conditions imposed in the regulatory approval.
21. The E-Waste (Management) Rules, 2016: This provides for management of E-wastes (but not
covering lead acid batteries and radio-active wastes) aiming to enable the recovery and/or reuse of
useful material from e-waste, thereby reducing the hazardous wastes destined for disposal and to
ensure the environmentally sound management of all types of waste of electrical and electronic
equipment. This Rule applies to every manufacturer, producer, consumer, bulk consumer, collection
centers, dealers, e-retailer, refurbisher, dismantler and recycler involved in manufacture, sale,
transfer, purchase, collection, storage and processing of e-waste or electrical and electronic
equipment listed in Schedule I, including their components, consumables, parts and spares which
make the product operational.
22. Plastic waste Management Rules, 2016: This provides for control and management of the plastic
waste generated from any activity. Contractors will ensure compliance to this Rule.
23. The Batteries (Management and Handling) Rules 2001: This provides for ensuring safe disposal and
recycling of discarded lead acid batteries likely to be used in any equipment during construction and
operation stage. Rules require proper control and record keeping on the sale or import of lead acid
batteries and recollection of the used batteries by registered recyclers to ensure environmentally
sound recycling of used batteries. Contractors will ensure compliance to this Rule.
24. The Ozone Depleting Substances (Regulation and Control) Rules, 2000 and as amended: This
provides for regulation of production and consumption of ozone depleting substances in the country,
and specifically prohibits export to or import from countries not specified in the Rules, and prohibits
unless specifically permitted, any use of ozone depleting substance.
25. The Coastal Regulation Zone Notifications, 1991 and as amended: This provides for regulation of
development activities within the 500m of high tide line in coastal zone and 100m of stretches of
rivers and estuaries influenced by tides. Contractors will be required to ensure that no work starts
until applicable clearances under the Notification is not available. Contractors will be responsible for
implementation of any plan stipulated as per the permission under this Notification; and will be
required to prepare and submit to the employer and compliance report stipulated in the permission
under the Notification.
26. The Motor Vehicle Act 1988 as amended (and State Motor Vehicle Acts as may be in force) and the
Motor Vehicle Rules, 1989, and as amended (and State Motor Vehicle Rules as may be in force): To
minimize the road accidents, penalizing the guilty, provision of compensation to victim and family
and check vehicular air and noise pollution. Contractors will be required to ensure full compliance to
these rules.
27. Easement Act, 1882: This provides for the rights of landowners on groundwater. Contractors will
need to ensure that other landowners’ rights under the Act is not affected by any groundwater
abstraction by the contractors.
28. State Groundwater Acts and Rules as may be in force and the Guidelines for Groundwater
Abstraction for drinking and domestic purposes in Notified Areas and Industry/Infrastructure project
proposals in Non-Notified areas, 2012: These provide for regulating extraction of ground water for

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construction/industrial and drinking and domestic purposes. Contractors will need to obtain
permission from Central/State Groundwater Boards prior to groundwater abstraction through digging
any bore well or through any other means; and will to ensure full compliance to these rules and any
conditions imposed in the permit.
29. The Mines Act, 1952 as amended; the Minor Mineral and concession Rules as amended; and the
State Mineral (Rights and Taxation) Acts as may be in force: These provide for for safe and sound
mining activity. The contractors will procure aggregates and other building materials from quarries
and borrow areas approved under such Acts. In the event the contractors open any new quarry and/or
borrow areas, appropriate prior permission from the State Departments of Minerals and Geology will
need to be obtained. Contractors will also need to ensure full compliance to these rules and any
conditions imposed in the permit.
30. The Insecticides Act, 1968 and Insecticides Rules, 1971 and as amended: These provide for regulates
the manufacture, sale, transport, distribution, export, import and use of pesticides to prevent risk to
human beings or animals, and for matters connected therewith. No one should import or
manufacture; sell, stock or exhibit foe sale; distribute, transport, use: (i) any misbranded insecticides,
(ii) any insecticide the sale, distribution or use of which is for the time being prohibited under the
Act; and (iii) any insecticide except in accordance with the condition on which it was registered
under the Act.
31. National Building Codes of India, 2005 and as amended: This provides guidelines for regulating the
building construction activities in India. The code mainly contains administrative regulations,
development control rules and general building requirements; stipulations regarding materials,
structural design and construction; and building and plumbing services. Contractors will be required
to comply with all Bureau of Indian Standards Codes dealing with: (i) use and disposal of asbestos
containing materials in construction; (ii) paints containing lead; (iii) permanent and temporary
ventilations in workplace; (iv) safety, and hygiene at the workplace; (v) prevention of fire; (vi)
prevention of accidents from faulty electrical gadgets, equipment and accessories; and all other such
codes incidental to the Contract.

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Section IX - Particular Conditions of Contract

The following Particular Conditions of Contract shall supplement the General Conditions of
Contract in Section VIII. Whenever there is a conflict, the provisions herein shall prevail over those
in the General Conditions.

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Particular Conditions of Contract (PCC)

The following Particular Conditions (PCC) shall supplement the General Conditions (GCC).
Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. The clause
number of the PCC is the corresponding clause number of the GCC.

PCC 1. The Employer is: Jharkhand Urja SancharanNigam Limited

Definitions
The Project Manager is: General Manager; Contracts and Materials (Multi
- Lateral Funding Project), JUSNL
The Bank is: The International Bank for Reconstruction and Development
Country of Origin: all countries and territories as indicated in Section V of
the bidding document, Eligible Countries.
PCC 5.1 The Contract shall be interpreted in accordance with the laws of:
PCC 5. Law and
Union of India.
Language
PCC 5.2 The ruling language is: English
PCC 5.3 The language for communications is: English
PCC 7.3 The Contractor agrees to supply spare parts for a period of years:
PCC 7. Scope of
10, Ten years
Facilities [Spare
Parts] (GCC Addition to PCC 7.3
Clause 7)
The Contractor shall carry sufficient inventories to ensure an ex-stock
supply of consumable spares for the Plant. Other spare parts and
components shall be supplied as promptly as possible, but at the most
within six (6) months of placing the order and opening the letter of credit.
In addition, in the event of termination of the production of spare parts,
advance notification will be made to the Employer of the pending
termination, with sufficient time to permit the Employer to procure the
needed requirement. Following such termination, the Contractor will
furnish to the extent possible and at no cost to the Employer the blueprints,
drawings and specifications of the spare parts, if requested.
PCC 8.1 The Contractor shall commence work on the Facilities from the
PCC 8. Time for
Effective Date for determining Time for Completion as specified
Commencement
in the Contract Agreement.
and Completion
PCC 8.2 The Time for Completion of the whole of the Facilities shall be
24 months from the Effective Date as described in the Contract
Agreement.
(Parts and times for respective Completions shall be specified where
applicable.)
Forest clearances:
PCC 9.9
Additional The Contractor shall prepare as per contract time schedule, Forest
clause clearance proposal in specified format complete in all respects as
per requirement of the applicable rules and regulation which
inter alia includes collection/digitization of required maps, land
records etc., identification and demarcation of forest land
plotting, preparation of necessary drawings/schedules, and
support Employer in processing the application with Forest
department for early Forest clearance. Subsequent to obtaining
Forest clearance, the Contractor shall also be responsible for
meeting the conditions laid down by Forest department while

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granting clearance, including felling down and removal of trees

as per guidelines, clearance of Site and other associated work for
taking up the construction activities inside the forest. Any
statutory compensation required to be paid for getting
necessary Forest clearance shall be borne by Employer at actual.
Right Of Way (ROW):
The contractor shall support JUSNL in obtaining Right of Way
approval (if any) which may be required for construction of GSS.
PCC 11.2 The Contract Price shall be fixed as per clause 11.2 of GCC
PCC 11.
except for supply of Power Transformer.
Contract Price
The bid price for (i) the items for which quantities have been indicated as
lump sum or lot or set and/or (ii) where the quantities are to be estimated by
the Bidder shall remain constant unless there is change made in the Scope
of Work by Employer and / or for price variation relating to price
adjustment provisions. The quantities and unit prices (i) subsequently
arrived while approving the Bill of Quantities (BOQ) /Billing breakup of
lump sum quantities/lot/Set and/or (ii) estimated by the bidder shall be for
on account payment purpose only. In case additional quantities, over and
above the quantities BOQ/billing breakup and /or estimated by the bidder,
are required for successful completion of the scope of work as per
Technical Specification, the Bidder shall execute additional quantities of
these items for which no additional payment shall be made over and above
the lump sum bid price. In case quantities of these items supplied at site are
in excess of that required for successful completion of scope of work,
such additional quantities shall be the property of the bidders and they shall
be allowed to take back the same from the site for which no deduction from
the lump sum bid price shall be made. Further, in case actual requirement of
quantities for successful completion of scope of work is less than the
quantities identified in the approved BOQ/billing breakup and/or estimated
by the bidder, the lump sum bid price shall remain unchanged and no
deduction shall be made from the lump sum price due to such reduction of
quantities
PCC 12.4 The currency in which payments are made to the Contractor
PCC 12. Terms
under this Contract shall be Indian Rupees (Rs.)
of Payment

PCC 13.3.1 The amount of Performance Security, as a percentage of the

PCC 13.
Contract Price for the Facility or for the part of the Facility for
Securities
which a separate Time for Completion is provided, shall be:
The performance security amount shall be ten percent (10%) of
the Contract Price.
PCC 13.3.2 The Performance Security shall be in the form of the bank
guarantee attached hereto in Section X, Contract Forms.
PCC 13.3.3 The Performance Security shall not be reduced on the date of
the Operational Acceptance.
PCC 13.3.3 The Performance Security shall be reduced to ten percent
(10%) of the value of the component covered by the extended
defect liability to cover the Contractor’s extended defect
liability in accordance with the provision in the PCC, pursuant
to GCC Sub-Clause 27.10.

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PCC 13.3.4 Deleted.

GCC 14.2 - replace it with the following:
PCC 14 Taxes
and Duties GCC 14.2 – “The Employer shall bear and pay/reimburse to the Contractor
domestic taxes such as Goods and Services Tax (GST), and similar other
taxes, in respect of direct transaction between the Employer and the
Contractor and imposed upon the Plant and Equipment and mandatory
spare parts specified in Price Schedule No.2 to be incorporated into the
Facilities, by the Laws of Union of India”
GCC 14.3 - Add the following at the end of the Sub-Clause:
“The above will not apply to deemed export benefits”.
GCC 14.4 – Add the following at the end of the Sub-Clause:
“However, these adjustments would be restricted to direct transactions
between the Employer and the Contractor and not on procurement of raw
materials, intermediary components etc. by the Contractor. Further, no
adjustment of the Contract Price shall be made on account of variation in
deemed export benefits.”
GCC 20.3.4 - Add the following at the end of the Sub-Clause:
PCC 20 Design
and Engineering “The procedure for submission of the documents by the Contractor and
their approval by the Project manager shall be discussed and finalized with
the Contractor”.
PCC22.2.5 Working Hours
PCC 22
Installation Normal working hours are: 09:00 am to 05:00 pm
PCC 22.2.8 Funeral Arrangements: As per GCC
Deleted
PCC 25.
Commissioning
and Operational
Acceptance

PCC 26.2
PCC 26.
Completion Applicable rate for liquidated damages: 0.5% of contract price per week
Time Guarantee or part thereof
Maximum deduction for liquidated damages: 10% of contract price
Employer may, without prejudice to any other method of recovery, deduct
the amount of such damages from any money due or to become due to the
Contractor. The payment deduction of such damages does not relieve the
Contractor from his obligation to complete the Work or from any of his
other obligations and liabilities under the Contract.

Works will be deemed to have been delivered/ completed only when all
component parts/ all items of Works are also delivered/ completed. If
certain components/ items of Works are not delivered in time, the same will
be considered as delayed until such time due missing/ incomplete parts/
items of works are delivered/ completed.

In addition to the above, LD for delay under one Contract shall also be
applicable to the other Contract under the same divisible Contracts as per

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cross-fall breach clause i.e. in case of delay under Erection Contract, LD

will also be recoverable from the relevant Supply Contract and vice-versa.
All the LDs will run concurrently.

PCC 26.3 No bonus will be given for earlier Completion of the Works or
part thereof.
GCC 27.8 - -- Add the following as a new Sub-Clause 27.8.1
PCC 27. Defect
Liability GCC 27.8.1 At the end of the Defect Liability Period, the Contractor’s
liability ceases except for latent defects. The Contractor’s
liability for latent defects warranty shall be limited to period of
three (3) years from the end of Defect Liability Period. For
the purpose of this clause, the latent defects shall be the
defects inherently lying within the material or arising out of
design deficiency which do not manifest themselves during the
Defect Liability Period defined in this GCC Clause 27, but
later
PCC 27.10 NA
GCC 36.1 - Add the following before the last sentence of the Sub-Clause:
PCC 36 Change
in Laws and “However, these adjustments would be restricted to direct transactions
Regulations between the Employer and the Contractor and not on procurement of raw
materials, intermediary components etc. by the Contractor. Further, no
adjustment of the Contract price shall be made on account of variation in
deemed export benefits.”
PCC 39.1.2 Provisions related to Value Engineering do not apply.
PCC 39. Value
Engineering

PCC 46.1, PCC 46.2 and PCC 46.4

PCC 46.
Disputes and
Arbitration
This clause to be replaced by following:
Dispute Board
1. Definitions Each “Dispute Board Agreement” is a tripartite
agreement by and between:

(a) the “Employer”;

(b) the “Contractor”; and

(c) the “Member” who is defined in the Dispute

Board Agreement as being:

(i) the sole member of the “DB” and, where

this is the case, all references to the “Other
Members” do not apply, or

(ii) one of the three persons who are jointly

called the “DB” (or “Dispute Board”) and,
where this is the case, the other two persons
are called the “Other Members”.
The Employer and the Contractor have entered (or

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intend to enter) into a contract, which is called the

“Contract” and is defined in the Dispute Board
Agreement, which incorporates this Appendix. In the
Dispute Board Agreement, words and expressions
which are not otherwise defined shall have the
meanings assigned to them in the Contract.

2. General Unless otherwise stated in the Dispute Board

Provisions Agreement, it shall take effect on the latest of the
following dates:

(a) the Commencement Date defined in the

Contract,

(b) when the Employer, the Contractor and the

Member have each signed the Dispute Board
Agreement, or

(c) when the Employer, the Contractor and each of

the Other Members (if any) have respectively
each signed a dispute board agreement.

This employment of the Member is a personal

appointment. At any time, the Member may give not
less than 70 days’ notice of resignation to the
Employer and to the Contractor, and the Dispute
Board Agreement shall terminate upon the expiry of
this period.

3. Warranties The Member warrants and agrees that he/she is and

shall be impartial and independent of the Employer,
the Contractor and the Employer’s Representative.
The Member shall promptly disclose, to each of them
and to the Other Members (if any), any fact or
circumstance which might appear inconsistent with
his/her warranty and agreement of impartiality and
independence.
When appointing the Member, the Employer and the
Contractor relied upon the Member’s representations
that he/she is:

(a) experienced in the work which the Contractor is

to carry out under the Contract,

(b) experienced in the interpretation of contract

documentation, and

(c) fluent in the language for communications

defined in the Contract.

4. General The Member shall:

Obligations
of the (a) have no interest financial or otherwise in the
Member Employer, the Contractor or Employer’s
Representative, nor any financial interest in the
Contract except for payment under the Dispute

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Board Agreement;

(b) not previously have been employed as a

consultant or otherwise by the Employer, the
Contractor or the Employer’s Representative,
except in such circumstances as were disclosed
in writing to the Employer and the Contractor
before they signed the Dispute Board
Agreement;

(c) have disclosed in writing to the Employer, the

Contractor and the Other Members (if any),
before entering into the Dispute Board
Agreement and to his/her best knowledge and
recollection, any professional or personal
relationships with any director, officer or
employee of the Employer, the Contractor or the
Employer’s Representative, and any previous
involvement in the overall project of which the
Contract forms part;

(d) not, for the duration of the Dispute Board

Agreement, be employed as a consultant or
otherwise by the Employer, the Contractor or the
Employer’s Representative, except as may be
agreed in writing by the Employer, the
Contractor and the Other Members (if any);

(e) comply with the annexed procedural rules and

with Sub-Clause 20.4 of the Conditions of
Contract;

(f) not give advice to the Employer, the Contractor,

the Employer’s Personnel or the Contractor’s
Personnel concerning the conduct of the
Contract, other than in accordance with the
annexed procedural rules;

(g) not while a Member enter into discussions or

make any agreement with the Employer, the
Contractor or the Employer’s Representative
regarding employment by any of them, whether
as a consultant or otherwise, after ceasing to act
under the Dispute Board Agreement;

(h) ensure his/her availability for all site visits and

hearings as are necessary;

(i) become conversant with the Contract and with

the progress of the Works (and of any other parts
of the project of which the Contract forms part)
by studying all documents received which shall
be maintained in a current working file;

(j) treat the details of the Contract and all the DB’s

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activities and hearings as private and

confidential, and not publish or disclose them
without the prior written consent of the
Employer, the Contractor and the Other
Members (if any); and

(k) be available to give advice and opinions, on any

matter relevant to the Contract when requested
by both the Employer and the Contractor, subject
to the agreement of the Other Members (if any).

5. General The Employer, the Contractor, the Employer’s

Obligations Personnel and the Contractor’s Personnel shall not
of the request advice from or consultation with the Member
Employer regarding the Contract, otherwise than in the normal
and the course of the DB’s activities under the Contract and
Contractor the Dispute Board Agreement. The Employer and the
Contractor shall be responsible for compliance with
this provision, by the Employer’s Personnel and the
Contractor’s Personnel respectively.
The Employer and the Contractor undertake to each
other and to the Member that the Member shall not,
except as otherwise agreed in writing by the
Employer, the Contractor, the Member and the Other
Members (if any):

(a) be appointed as an arbitrator in any arbitration

under the Contract;

(b) be called as a witness to give evidence

concerning any dispute before arbitrator(s)
appointed for any arbitration under the Contract;
or

(c) be liable for any claims for anything done or

omitted in the discharge or purported discharge
of the Member’s functions, unless the act or
omission is shown to have been in bad faith.
The Employer and the Contractor hereby jointly and
severally indemnify and hold the Member harmless
against and from claims from which he is relieved
from liability under the preceding paragraph.
Whenever the Employer or the Contractor refers a
dispute to the DB under Sub-Clause 20.4 of the
Conditions of Contract, which will require the
Member to make a site visit and attend a hearing, the
Employer or the Contractor shall provide appropriate
security for a sum equivalent to the reasonable
expenses to be incurred by the Member. No account
shall be taken of any other payments due or paid to
the Member.

6. Payment The Member shall be paid as follows, in the currency

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named in the Dispute Board Agreement:

(a) a retainer fee per calendar month, which shall be

considered as payment in full for:

(i) being available on 28 days’ notice for all

site visits and hearings;

(ii) becoming and remaining conversant with

all project developments and maintaining
relevant files;

(iii) all office and overhead expenses including

secretarial services, photocopying and
office supplies incurred in connection with
his duties; and

(iv) all services performed hereunder except

those referred to in sub-paragraphs (b) and
(c) of this Clause.

The retainer fee shall be paid with effect from the last
day of the calendar month in which the Dispute Board
Agreement becomes effective; until the last day of the
calendar month in which the Taking-Over Certificate
is issued for the whole of the Works.

With effect from the first day of the calendar month

following the month in which the Taking-Over
Certificate is issued for the whole of the Works, the
retainer fee shall be reduced by one third. This
reduced fee shall be paid until the first day of the
calendar month in which the Member resigns or the
Dispute Board Agreement is otherwise terminated.

(b) a daily fee which shall be considered as payment

in full for:

(i) each day or part of a day up to a maximum

of two days’ travel time in each direction
for the journey between the Member’s
home and the Site, or another location of a
meeting with the Other Members (if any);

(ii) each working day on Site visits, hearings or

preparing decisions; and

(iii) each day spent reading submissions in

preparation for a hearing.

(c) all reasonable expenses including necessary

travel expenses (air fare in less than first class,
hotel and subsistence and other direct travel
expenses) incurred in connection with the
Member’s duties, as well as the cost of telephone

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calls, courier charges, faxes and telexes: a receipt

shall be required for each item in excess of five
percent of the daily fee referred to in sub-
paragraph (b) of this Clause;

(d) any taxes properly levied in the Country on

payments made to the Member (unless a national
or permanent resident of the Country) under this
Clause 6.

The retainer and daily fees shall be as specified in the

Dispute Board Agreement. Unless it specifies
otherwise, these fees shall remain fixed for the first
24 calendar months, and shall thereafter be adjusted
by agreement between the Employer, the Contractor
and the Member, at each anniversary of the date on
which the Dispute Board Agreement became
effective.

If the parties fail to agree on the retainer fee or the

daily fee, the appointing entity or official named in
the Contract Data shall determine the amount of the
fees to be used.

The Member shall submit invoices for payment of the

monthly retainer and air fares quarterly in advance.
Invoices for other expenses and for daily fees shall be
submitted following the conclusion of a Site visit or
hearing. All invoices shall be accompanied by a brief
description of activities performed during the relevant
period and shall be addressed to the Contractor.

The Contractor shall pay each of the Member’s

invoices in full within 56 calendar days after
receiving each invoice and shall apply to the
Employer (in the Statements under the Contract) for
reimbursement of one-half of the amounts of these
invoices. The Employer shall then pay the Contractor
in accordance with the Contract.

If the Contractor fails to pay to the Member the

amount to which he/she is entitled under the Dispute
Board Agreement, the Employer shall pay the amount
due to the Member and any other amount which may
be required to maintain the operation of the DB; and
without prejudice to the Employer’s rights or
remedies. In addition to all other rights arising from
this default, the Employer shall be entitled to
reimbursement of all sums paid in excess of one-half
of these payments, plus all costs of recovering these
sums and financing charges calculated at the rate
specified in Sub-Clause 14.8 of the Conditions of
Contract.

If the Member does not receive payment of the

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amount due within 70 days after submitting a valid

invoice, the Member may (i) suspend his/her services
(without notice) until the payment is received, and/or
(ii) resign his/her appointment by giving notice under
Clause 7.

7.Termination At any time: (i) the Employer and the Contractor may
jointly terminate the Dispute Board Agreement by
giving 42 days’ notice to the Member; or (ii) the
Member may resign as provided for in Clause 2.

If the Member fails to comply with the Dispute Board

Agreement, the Employer and the Contractor may,
without prejudice to their other rights, terminate it by
notice to the Member. The notice shall take effect
when received by the Member.

If the Employer or the Contractor fails to comply with

the Dispute Board Agreement, the Member may,
without prejudice to his other rights, terminate it by
notice to the Employer and the Contractor. The notice
shall take effect when received by them both.

Any such notice, resignation and termination shall be

final and binding on the Employer, the Contractor and
the Member. However, a notice by the Employer or
the Contractor, but not by both, shall be of no effect.

8. Default of If the Member fails to comply with any of his

the Member obligations under Clause 4 (a) - (d) above, he shall
not be entitled to any fees or expenses hereunder and
shall, without prejudice to their other rights,
reimburse each of the Employer and the Contractor
for any fees and expenses received by the Member
and the Other Members (if any), for proceedings or
decisions (if any) of the DB which are rendered void
or ineffective by the said failure to comply.

If the Member fails to comply with any of his

obligations under Clause 4 (e) - (k) above, he shall
not be entitled to any fees or expenses hereunder from
the date and to the extent of the non-compliance and
shall, without prejudice to their other rights,
reimburse each of the Employer and the Contractor
for any fees and expenses already received by the
Member, for proceedings or decisions (if any) of the
DB which are rendered void or ineffective by the said
failure to comply.

9. Disputes Any dispute or claim arising out of or in connection

with this Dispute Board Agreement, or the breach,
termination or invalidity thereof, shall be finally
settled by institutional arbitration. If no other
arbitration institute is agreed, the arbitration shall be
conducted under the Rules of Arbitration of the

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International Chamber of Commerce by one arbitrator

appointed in accordance with these Rules of
Arbitration.
PCC 46.5

The procedure for adhoc arbitration will be as follows:

(a) In case of Dispute or difference arising between the Purchaser and

a Contractor relating to any matter arising out of or connected with
this contract, such disputes or difference shall be settled in
accordance with the Arbitration and Conciliation Act, 1996. The
arbitral tribunal shall consist of 3 Arbitrators one each to be
appointed by the Purchaser and the Contractor. The third
Arbitrator shall be chosen by the two Arbitrators so appointed by
the Parties and shall act as Presiding Arbitrator. In case of failure
of the two Arbitrators appointed by the parties to reach upon a
consensus within a period of 30 days from the appointment of the
Arbitrator appointed subsequently, the Presiding Arbitrator shall
be appointed by the* International Chamber of Commerce India
(ICC India)/ Indian Council of Arbitration/ President of the
Institution of Engineers (India). For the purposes of this Sub-
Clause, the term “Domestic (Indian) Contractor” means a
Contractor who is registered in India and is a juridic person
created under Indian law as well as a joint venture between such a
Contractor and a Foreign Contractor.

(b) NA.

(c) If one of the parties fails to appoint its Arbitrator in pursuance of

sub-clause (a) and (b) above within 30 days after receipt of the
notice of the appointment of its Arbitrator by the other party, then
the * International Chamber of Commerce India (ICC India)/
Indian Council of Arbitration/ President of the Institution of
Engineers (India), both in cases of Foreign Contractor as well as
Indian Contractor, shall appoint the Arbitrator. A certified copy of
the order of the* International Chamber of Commerce India (ICC
India)/ Indian Council of Arbitration/ President of the Institution
of Engineers (India), making such an appointment shall be
furnished to each of the parties.

(d) Arbitration proceedings shall be held at Ranchi, India, and the

language of the arbitration proceedings and that of all documents
and communications between the parties shall be English.

(e) The decision of the majority of Arbitrators shall be final and

binding upon both parties. The cost and expenses of Arbitration
proceedings will be paid as determined by the arbitral tribunal.
However, the expenses incurred by each party in connection with
the preparation, presentation, etc. of its proceedings as also the
fees and expenses paid to the Arbitrator appointed by such party or
on its behalf shall be borne by each party itself.

(f) Where the value of the contract is Rs.50 million and below, the
disputes or differences arising shall be referred to the Sole
Arbitrator. The Sole Arbitrator should be appointed by agreement

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between the parties; failing such agreement, by the appointing

authority, namely the International Chamber of Commerce India
(ICC India)/ Indian Council of Arbitration/ President of the
Institution of Engineers (India).

(g) The Arbitrator should give final award within 120 days of starting
of the proceedings, unless otherwise agreed to by the Parties.

(h) Performance under the contract shall continue during the

arbitration proceedings and payments due to the Contractor by the
Purchaser shall not be withheld, unless they are the subject matter
of the arbitration proceedings.

General Environment, Health & Safety conditions: Refer Annexure

PCC 47 :
PCC47 below.
Additional
clause

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Annexure to PCC 47

1.0 GENERAL EHS CONDITIONS

1.1
i) The contractor shall take all necessary measures and precautions, otherwise ensure that the
execution of the works and all associated operations on-site or of-site are carried out in conformity
with statutory and regulatory environmental health safety requirements including those prescribed
elsewhere in the Environmental and Social Management Framework.

ii) The Contractor shall ensure that the construction site will be secured by means of fencing to
prevent unauthorized entry into the site. The Contractor shall also ensure that the access to the
construction site is restricted to public at all times.

iii) The Contractor shall take all the measures and precautions to avoid any nuisance or disturbance
arising from execution of the work. This shall, wherever possible, be achieved by suppression of the
nuisance at source rather than abatement of the nuisance once generated. The provisions of the
Environmental, Social Health Safety Management Plan would be implemented for the suppression
of nuisance, but it shall not be limited to these provisions of the ESMP. The provisions of this sub-
clause shall however, be disregarded in respect of emergency work required for saving life or the
safety of the works.

iv) In event of any spoil or debris or silt from the sites being deposited on adjacent land, the
Contractor shall immediately remove such spoils, debris or silt and restore the affected area to its
original state to the satisfaction of the JUSNL. No debris should be dumped on the community land
like Gochars, thans etc. In case the extra excavated earth is placed for levelling the playground the
same should be done with the written consent of the community. Such materials should be spread in
such a manner as to limit subsequent erosion and shall be re-vegetated as existing ground cover
dictates. JUSNL should be absolved of any liabilities arising such works which are undertaken

v) Surplus excavated material from the tower footing shall be carried out to the substation for the
purpose of filing in case the tower is located within 15 kms of the substation area. The cost of
hauling the material shall be considered within the cost for the earthwork for the substation.
Additional borrow pits shall only be allowed by the Junior Engineer, only after the excavated
material has been exhausted.
vi) The Contractor should contain requisite quantity and type of spill kits to control the spills of fuel
and other oils e.g. transformer oil to prevent the pollutant form spreading either outside the area of
the spill or into the ground.
1.2
i) All fuel and chemical storage shall be sited on an impervious base within an embanked area and
secured by fencing. The storage area shall be located away from any watercourse or wetland. The
base and walls of the embankment shall be impermeable and of sufficient capacity to contain 110%
of the volume of tanks/ containers taken together.
ii) In case of filling/ refuelling of fuel or oil, filling and refuelling shall be strictly controlled and
subjected to formal procedures. The contents of any tank or drum shall be clearly marked. Measures

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shall be taken to ensure that no contamination happens or discharges enter any drain or
watercourses. All discharge form the Oil storage areas shall be passed through a Oil Water Separator
(OWS) before it being discharged outside.
iii) All internal drainage channels from the site would be connected to a peripheral site drainage
channel. The peripheral site drainage channel would be provided with a sedimentation tank and oil-
water separator to prevent sediments and oil & grease to be carried away by the runoff.
1.3
i) All water and liquid waste products arising on the sites shall be collected and disposed off at
location onsite or offsite and in a manner that shall not cause nuisance or pollution.
ii) The Contractor shall not discharge or deposit any matter arising from the execution of the works
into any place except at the designated places without the permission of the Environmental and
Social Officer and the regulatory authorities concerned.
1.4
i) The Contractor shall carry out dust suppression by sprinkling of water or methods of working to
minimise dust, gaseous or other air born emissions and carry out the works in such a manner as to
minimise adverse impacts on air quality. Sprinkling of water shall be carried out twice a day on
exposed surface area during dry season.
ii) Stockpiles of materials should be sited in sheltered areas or within hoarding, away from sensitive
areas. Stockpiles of friable materials shall be covered with clean tarpaulins with application of
sprayed water during dry and windy weather. Stockpiles of debris shall be dampened prior to their
movement, except where this is contrary to the specifications.
iii) Any vehicle with an open load carrying area used for transport of potentially dust producing
materials shall have properly fitting side and tailboards. Materials having potential to produce dust
shall not be loaded to a level higher than the side and tail boards and shall be covered with clean
tarpaulin in good condition. The tarpaulin should be properly secured and extended to at least 300
mm over the edges of the sideboard and tailboard.
iv) During high wind, no dust generating operations shall be permitted within 200m of residential
areas having regard to the prevailing direction of the wind.
v) Construction vehicles and machinery shall be kept in good working order and engines turned off
when not in use. Appropriate measures shall be taken to limit exhaust emissions from construction
vehicles, machinery and plant and the contractor shall include details of such proposed measures in
the mitigation and monitoring plan to be submitted to the Employer or his representative.
vi) All vehicle employed in the project shall have valid Pollution under Control (PUC) Certificate.
The Contractor should maintain PUC Certificate log book on a regular basis and shall provide it to
the Employer or his representation for inspection when asked for.
1.5
i) The Contractor shall consider noise as an environmental concern in his planning and during
execution of the works.
ii) The Contractor shall use plant and equipment conforming to National and International standards
and directives on noise, vibrations and emissions.
iii) The Contractor shall take all necessary measures to ensure that operation of all mechanical
equipment and construction processes on and off the site shall not cause any unnecessary or
excessive noise, taking into account all applicable environmental requirements. The Contractor shall
use all necessary measures and shall maintain all plant and silencing equipment in good condition so
as to minimise the noise emissions during construction works.

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iv) The operations of the Contractor which is likely to generate noise shall be restricted during the
night time (22.00 hrs to 6.00 hrs) especially if it is near residential areas.
1.6
i) The Contractor shall take all necessary measures to protect any archaeological finds or antiquities
as required.
ii) Where antiquities are shown on the drawing or otherwise identified during the course of the
works, these shall be protected by means of suitable fencing and barriers to the satisfaction of the
EHS Engineer of JUSNL. The Contractor shall abide by the provisions of the Indian Treasure Trove
Act, 1878, Jharkhand Ancient Monuments and Archaeological Sites, Remains and Art Treasures
Act, 2016.
1.7 On completion of the works, the Contractor shall reinstate all areas with natural vegetation to the
satisfaction of the Environmental Officer of JPSIP PIU. Where directed by the Environment Officer
the Contractor shall improve and reinstate the land on which informal roadside service area have
been established by removing all debris and contaminated soils, re-grading to natural ground levels
and re-establishing the natural vegetation where appropriate. All debris and contaminated materials
shall be disposed off site as approved by the Environment Officer at the PIU.
1.8 The Contractor shall ensure that the labour accommodation within the site /fly camp/ laydown
area is provided with toilets/modular bio-toilets, septic tank and soak pits. The municipal solid
waste generated shall be composted in pits located within the site.
1.9 The Contractor shall adopt all possible means to ensure that groundwater usage is minimised
during the construction activities. The bore well/s used for extraction of water for construction
purpose shall be provided with water metres to monitor the ground water abstraction. The Contractor
should maintain a daily water abstraction log book of water extracted from the bore well. Daily
water abstraction log book should be produced to the employer or his representative on demand.

2.0 COMPLIANCE WITH LABOUR REGULATIONS

2.1 During continuance of the contract, the Contractor and his sub-contractors shall abide at all times
by all applicable existing labour enactments and rules made thereunder, regulations notifications and
byelaws of the State or Central Government or local authority and any other labour law (including
rules), regulations byelaws that may be passed or notification that may be issued under any labour
law in future either by the State or the Central Government or the local authority. The employees of
the Contractor and the Sub-contractor in no case shall be treated as the employees of the Employer
at any point of time.
2.2 The Contractor shall keep JUSNL indemnified in case any action is taken against the Employer
by the competent authority on account of contravention of any of the provisions of any Act or rules
made thereunder, regulations or notifications including amendments.
2.3 If the Employer is caused to pay under any law as principal employer such amounts as may be
necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications
/ byelaws/Acts / Rules/regulations including amendments, if any, on the part of the Contractor, the
Employer shall have the right to deduct any money due to the Contractor under this contract or any
other contract with the employer including his amount of performance security for adjusting the
aforesaid payment. The Employer shall also have right to recover from the Contractor any sum
required or estimated to be required for making good the loss or damage suffered by the Employer.
2.4 The contractor shall abide by the provision of the following acts:
a) Workmen Compensation Act 1923
b) Payment of Gratuity Act 1972
c) Employee P.F. and Miscellaneous Prevision Act 1952

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d) Maternity Benefit Act 1951:

e) Contract Labour (Regulation & Abolition) Act 1070
f) Minimum Wages Act 1948
g) Payment of Wages Act 1936
h) Equal Remuneration Art 1970
i) Payment of Bonus Act 1965
j) Industrial Dispute Act 1947
k) Industrial Employment (Standing Orders) Act 1946
l) Trade Unions Act 1926
m) Child Labour (Prohibition & Regulation) Act 1986
n) Inter-State Migrant workmen's (Regulation of Employment & Conditions of Service Act
1979
o) The Building and Other Construction workers (Regulation of Employment and Conditions
of Service) Act 1996 and the Cess Act of 1996
p) Factories Act 1948
2.5. During continuance of the contract, the Contractor and his sub-contractors shall abide at all
times by all applicable existing World Bank Group labour requirements (refer Annexure
XXX Management of Labour Influx)
3.0 COMPLIANCE TO ENVIRONMENTAL & SOCIAL REGULATIONS
3.1 If the employer is caused to pay under any law as proponent such amounts as may be necessary
to cause or observe, or for non-compliance of the provisions or negligence of the Contractor for any
provision stipulated in the notifications / byelaws/Acts / Rules/regulations including amendments
and Orders of the Hon’ble National Green Tribunal/ Hon’rble Court of Law, if any, on the part of
the Contractor, the Employer shall have the right to deduct any money due to the Contractor under
this contract or any other contract with the employer including his amount of performance security
for adjusting the aforesaid payment.
The Contractor shall ensure to adhered provisions of the following acts;
a) The Water (Prevention and Control of Pollution) Act, 1974
b) The Air (Prevention and Control of Pollution) Act, 1981
c) The Environment (Protection) Act 1986
d) The Public Liability Insurance Act, 1991
e) Wild Life Protection Act, 1972, as amended
f) Forest Conservation Act, 1980 & Forest Conservation Rules, 2003 (as amended) &
corresponding orders and judgements
g) Jharkhand Biological Diversity Rules 2007
h) Ancient Monuments & Archaeological Sites and Remains Act, 1958
i) Indian Treasure Trove Act, 1878
j) Jharkhand Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act,
2016
k) Jharkhand Timber and Other Forest Produce (Transit and Regulation) Rules, 2004

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l) Ozone Depleting Substances (Regulation and Control) Rules, 2000

m) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (LARR 2013)
n) Chota- Nagpur Tenancy Act, 1908
o) Santal Pargana Tenancy Act, 1949
p) Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
q) E-Waste (Management) Rules, 2016
r) Battery (Management & Handling) Rules 2001
s) Ozone Depleting Substances (Regulation and Control) Rules, 2000
t) Central Ground Water Authority (CGWA) Public Notice dated 4th January 2017
u) Regulation of Polychlorinated Biphenyls Order, 2016

3.2
i ) If the Employer is caused to pay under any law as principal employer such amounts as may be
necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications
/ byelaws/Acts / Rules/regulations including amendments, if any, on the part of the Contractor, the
Employer shall have the right to deduct any money due to the Contractor under this contract or any
other contract with the employer including his amount of performance security for adjusting the
aforesaid payment. The Employer shall also have right to recover from the Contractor any sum
required or estimated to be required for making good the loss or damage suffered by the Employer.

ii) The Contractor shall (a) abide by the Environmental Management Plan (b) carry out all the
monitoring and mitigation measures set forth in the environmental management plan and (c) allocate
the budget required to ensure that such measures are carried out. The Contractor shall submit to the
Employer Monthly Reports on the carrying out of such measures.
iii) The Contractor shall adequately record the conditions of roads, agricultural land and other
infrastructure prior to transport of material and construction commencement before start of the
construction activity. In case of deterioration during the construction activity the Contractor shall
fully reinstate pathways, other local infrastructure and agricultural land to at-least their pre-project
condition upon construction completion. In case of any grievance of the community regarding
damage to any common property e.g. roads/ walkways/ pathways, bridges, wells or any place of
worship due to any construction activity; it shall be the responsibility of the Contractor to reinstate
the same to its original condition (before the start of construction) unless other he can prove that the
same was not constructed due to his activities.
iv) The Contractor shall undertake detailed survey of the affected persons during transmission line
alignment finalization under the Project, where applicable. The Contractor shall provide the
information to the employer for records and use wherever required. Any compensation due to the
damage of property shall be commensurate to the provisions in the entitlement matrix.
v) The Contractor shall include a Social Officer in his team. The Social Officer shall explain to the
land owners the process of the procurement of land through a negotiated settlement process.
vi) The Contractor shall conduct health and safety programme for workers employed under the
Contract and shall include information on the risk of sexually transmitted diseases, including
HIV/AIDS in such programs.

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3.3 The procurement or deployment of any machinery by the Contractor for the project should be in
accordance to the environmental rules and regulations in place at the time of implementation. All
DG sets should conform to the CPCB standards for noise and emission mentioned under the under
the Environment (Protection) Act, 1986.
3.4 The Contractor shall procure transformer oil in conformance to the Regulation of
Polychlorinated Biphenyls Order, 2016.
3.5 The Contractor shall procure CFC free equipment in conformance to the Government of India
Guidelines
4.0 SAFETY PRECAUTIONS
4.1 The Contractor shall observe all applicable regulations regarding safety on the Site.
Unless otherwise agreed, the Contractor shall, from the commencement of work on Site until
handing over, provide:
a) Fencing, lighting, guarding, putting up reflective strips and watching of the Works wherever
required, and
b) Temporary roadways, footways, guards and fences which may be necessary for the
accommodation and protection of Employer / his representatives and occupiers of adjacent property,
the public and others.
4.2 The Contractor shall ensure proper safety of all the workmen, materials, plant and equipment
belonging to him or to the employer or to others, working at the Site. The Contractor shall also be
responsible for provision of all safety notices and safety equipment required both by the relevant
legislations or as may be directed by the Engineer of JUSNL or as he may deem necessary.
4.3 The Contractor will notify well in advance to the JUSNL Division / JPSIP PIU of his intention to
bring to the site any container filled with liquid or gaseous fuel or explosive or petroleum substance
or such chemicals which may involve hazards. The JUSNL Division /JPSIP PIU shall have the right
to prescribe the conditions, under which such container is to be stored, handled and used during the
performance of the works and the Contractor shall strictly adhere to and comply with such
instructions. The JUSNL Division / JPSIP PIU shall have the right at his sole discretion to inspect
any such container or such construction plant/equipment for which material in the container is
required to be used and if in his opinion, its use is not safe, he may forbid its use. No claim due to
such prohibition shall be entertained by JUSNL. JUSNL shall not entertain any claim of the
Contractor towards additional safety provisions/conditions to be provided for/constructed as per the
JUSNL Division /JUSNL PIU Instructions. Further, any such decision of the JUSNL Division
/JUSNL PIU shall not, in any way, absolve the Contractor of his responsibilities and in case use of
such a container or entry thereof into the Site area is forbidden by the JUSNL Division /JUSNL PIU,
the Contractor shall use alternative methods with the approval of the JUSNL Division /JUSNL PIU
without any cost implication to the Employer or extension of work schedule.
4.4 All equipment used in construction and erection by Contractor shall meet Indian/International
Standards and where such standards do not exist, the Contractor shall ensure these to be absolutely
safe. All equipment shall be strictly operated and maintained by the Contractor in accordance with
manufacturer’s Operation Manual.
4.5 Periodical examinations and all tests for all lifting/hoisting equipment & tackles shall be carried-
out. In accordance with the relevant provisions of Factories Act 1948, Indian Electricity Act 1910
and associated Laws/Rules in force from time to time. A register of such examinations and tests
shall be properly maintained by the Contractor and will be promptly produced as and when desired
by the JUSNL Division /JUSNL PIU or by the person authorised by him.
4.6 The Contractor shall provide suitable personal safety equipment of prescribed standard to all
employees and workmen according to the Job Safety Analysis carried out by the Contractor, or as
may be directed by the Employer. The Employer or his representative will also have right to

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examine these safety equipment to determine their suitability, reliability, acceptability and
adaptability. The Contractor shall arrange biannual safety training for all workers.
4.7 The Contractor shall provide safe working conditions to all workmen and employees at the Site
including safe means of access, railings, stairs, ladders, scaffoldings etc. The scaffoldings shall be
erected under the control and supervision of an experienced and competent person. For erection,
good and standard quality of material only shall be used by the Contractor.
4.8 The Contractor shall not interfere or disturb electric fuses, wiring and other electrical equipment
belonging to the Owner or other Contractors under any circumstances, whatsoever, unless expressly
permitted in writing by the Employer to handle such fuses, wiring or electrical equipment.
4.9 Before the Contractor connects any electrical appliances to any plug or socket belonging to the
other Contractor or the Employer , he shall:
a) Satisfy the JUSNL Division /JUSNL PIU that the appliance is in good working condition;
b) Inform the JUSNL Division /JUSNL PIU of the maximum current rating, voltage and phases of
the appliances;
c) Obtain permission of the JUSNL Division /JUSNL PIU detailing the sockets to which the
appliances may be connected.
4.10 The JUSNL Division /JUSNL PIU will not grant permission to connect until he is satisfied that:
a) The appliance is in good condition and is fitted with suitable plug;
b) The appliance is fitted with a suitable cable having two earth conductors, one of which shall be an
earthed metal sheath surrounding the cores.
4.11 No electric cable in use by the Contractor/Owner will be disturbed without prior permission.
No weight of any description will be imposed on any cable and no ladder or similar equipment will
rest against or attached to it.
4.12 No repair work shall be carried out on any live equipment. The equipment must be declared
safe by the JUSNL Division /JUSNL PIU and a permit to work shall be issued by the JUSNL
Division /JUSNL PIU before any repair work is carried out by the contractor. While working on
electric lines/equipment, whether live or dead, suitable type and sufficient quantity of tools will have
to he provided by the Contractor to electricians/workmen/officers.
4.13 The Contractors shall employ necessary number of qualified, full time electricians/electrical
supervisors to maintain his temporary electrical installation.
4.14 The Contractor employing more than 100 workmen whether temporary, casual, probationer,
regular or permanent or on contract, either directly or through the Contractor shall employ at least
one full time officer exclusively as EHS Officer (who shall have a Bachelors degree in
Environmental Management/ Environmental Engineering /Environmental Science with additional
qualification in safety) to supervise safety aspects of the equipment and workmen, who will
coordinate with the Environmental Officer and Social Officer . In case of work being carried out
through Sub-Contractors, the Sub-Contractor's workmen/employees will also be considered as the
Contractor's employees/workmen for the above purpose.
Contractor shall employ a social team as it may deem fit. The Social Team would be led by the
Social Officer (who shall have degree Sociology/Anthropology/Economics or any other Social
Science with experience in handling resettlement of multilateral funded projects) and would assist
the Contractor to carry out negotiation with the land owners.
The name and address of such EHS Officer and Social Officer of the Contractor will be promptly
informed in writing to JUSNL with a copy to JUSNL Division /JUSNL PIU before he starts work or
immediately after any change of the incumbent is made during currency of the Contract.

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4.15 In case any accident occurs during the construction/ erection or other associated activities
undertaken by the Contractor thereby causing any minor or major or fatal injury to his employees
due to any reason, whatsoever. It shall be the responsibility of the Contractor to promptly inform the
same to the JUSNL Division /JUSNL PIU in prescribed form and also to all the authorities
envisaged under the applicable laws.
4.16 The JUSNL Division /JUSNL PIU 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 and/or property, and/or equipment. 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. The Contractor after stopping the specific work can, if felt
necessary, appeal against the order of stoppage of work to the JUSNL Division /JUSNL PIU within
3 days of such stoppage of work and decision of the JUSNL Division /JUSNL PIU in this respect
shall be conclusive and binding on the Contractor.
5.0 EHS RULES
5.1 Each employee of the Contractor shall be provided with initial indoctrination regarding
Environment Health and Safety by the Contractor, so as to enable him to conduct his work in a safe
and sustainable manner.
5.2 No employee shall be given a new assignment of work unfamiliar to him without proper
introduction as to the hazards incident thereto, both to himself and his fellow employees.
5.3 Under no circumstances shall an employee hurry or take unnecessary chance when working
under hazardous conditions.
5.4 Employees must not leave naked fires unattended. Smoking shall not be permitted around
fire prone areas and adequate firefighting equipment shall be provided at crucial location.

Employee should also not leave any equipment/machinery /activity unattended if it has the potential
to cause harm to the environment
5.5 Employees under the influence of any intoxicating beverage, even to the slightest degree
shall not be permitted to remain at work.
5.6 The contractor shall make suitable arrangement at every work site for rendering prompt and
sufficient first aid to the injured.
5.7 The staircases and passageways shall be adequately lighted.
5.8 The employees when working around moving machinery must not be permitted to wear
loose garments. Safety shoes, safety helmets (IS 2925: 1984) are recommended when working in the
construction site or any activity related to the project where materials or tolls are likely to fall. When
working at height the Contractor shall ensure that all employees use full body harness (as per IS
3521: 1999). Only experienced workers shall be permitted to go behind guard rails or to clean
around energized or moving equipment. The employer shall at periodic intervals or as he may deem
fit inspect these equipment and ask the Contractor for replacement of the personal safety equipment.
5.9 The employees must use the standard protection equipment intended for each job. Each
piece of equipment shall be inspected before and after it is used. During the testing and charging of
electrical lines and substation, the Contractor shall provide electricity insulating protective
equipment like footwear (ISO 20345: 2004 Part-2), rubber gloves (IS 4770: 1991) to workers. In
addition, provisions of the “Central Electricity Authority (Measures Relating to Safety and Electric
Supply) Regulations 2010” would be adhered to.
5.10 Requirements of ventilation in underwater working to licensed and experienced divers, use
of gum boots for working in slushy or in inundated conditions are essential requirements to be
fulfilled.

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5.11 In case of rock excavation, blasting shall invariably be done through licensed blasters and
other precautions during blasting and storage/transport of charge material shall be observed strictly.
6. Special conditions to be followed at site:
6.1 The Contractor shall ensure that the pond located adjacent to the North-Western boundary
(outside the allotted site) is not filled up during the process of site preparation.
6.2 The Contractor shall ensure that adequate erosion and sediment control measures are undertaken
during the construction of the substation. In addition to the standard engineering techniques
bio-engineering techniques as stated in the Annexure for slope stabilization.
6.3 The Contractor shall ensure that the cut and fill slopes would be protected using standard
engineering practices including bio-engineering techniques as stated in the Annexure as
appropriate.
6.4 The Contractor to ensure that during the thunderstorm no worker are working out in the open
areas. This is being considered as a special safety precaution to prevent lighting hazards at site.
6.5 The Contractor should ensure that the labour staying at site is provide with water conforming to
IS :10500. In case ground water is being provided with water from tube wells /bore wells the
contractor should install adequate filtration systems to remove the fluoride.

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7. Environment and Social Management Plan Table

Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
Planning/Preconstruction

1 Securing land for substation Loss of forest land Construction work can commence only after the Stage I and Stage JUSNL Circle/Divisional Office/
II Clearance has been obtained from the forest department (if GSS External Consultant/ Contractor
Site is located on forest land).

1.1 Felling of trees on the land Permission for felling of trees to be obtained before tree felling (if JUSNL Circle/Divisional
trees are located within the GSS land). Office/External Consultant/ Contractor

1.2 Loss of precious ecological values Avoid felling of mature trees located within the GSS site, at fence Contractor
line (if trees are located within the GSS land).

2 Substation location and design Access restriction on use of common property  Substation layout to ensure that if there are any pond (which is Contractor
thereby causing community conflict used by local people) located within the GSS site, is not
damaged. It would also be ensured that local people who are
using this pond would not be restricted from using this pond (if
pond/waterbody is located within the GSS site).
 Careful design of the GSS Site to avoid damages to the cultural
property located just outside the boundary of proposed site (if
any cultural property like Satvari, Graveyard, Temple etc. are
located at the boundary of the GSS site).
3 Design of residential quarter and Water/soil pollution Septic Tank with soak pit to be designed as per IS: 2470 (Part-1) - Contractor
office at substation 1985 (Code of Practice for Installation of Septic Tank).

Construction

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
4.1 Site preparation and construction work Loss of topsoil  Top soil from the construction site will be stripped before Contractor
commencement of construction work;
 Top soil will be stored in a dedicated top soil storage site,
having adequate mitigation measures for preventing erosion
due to runoff;
 Activities will be scheduled (as far as possible) to avoid
extreme weather events, such as heavy rainfall;
 Top soil will be used for landscaping within the GSS site.
4.2.1 Noise and vibrations All equipment/machineries to be regularly maintained to ensure Contractor
efficient operation

4.2.2 DG sets with acoustic enclosure should be used Contractor

4.2.3 Construction work during night time (10 pm to 6 am) to be Contractor

prohibited. In case of emergency work at night approval of
JUSNL Division/ Circle is mandatory

4.3.1 Air Pollution Water sprinkling to be carried out twice a day during dry season Contractor
on exposed surface area.

4.3.2 Vehicles transporting loose construction/excavated materials shall Contractor

be covered with tarpaulin sheets.

4.3.3 Loose construction material/ excavated material shall be stored Contractor

against any structure or would be kept covered with tarpaulin
sheet at the construction site.

4.3.4 All vehicles utilized in transportation of raw materials and Contractor

personnel, will have valid Pollution under Control Certificate
(PUCC)

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
4.3.5 Regular maintenance of machines, equipment and vehicles that Contractor
will be used for construction activities of substation/tower
construction

4.4 Water/Soil Pollution  Septic tanks and soak pits/modular bio-toilets would be Contractor
provided at all construction site and labour camp
 Any waste water from labour camp and construction site will
not be discharged into the nearby agricultural fields, irrigation
canal or into the pond adjacent to the boundary of the site.
4.5 Erosion and sediment  Cut and fill slopes would be protected using standard Contractor
engineering practices including bio-engineering techniques
(Annexure 5 of the ESMF) wherever feasible.
 A peripheral site drainage channel would be constructed at the
beginning of the construction work. The peripheral site
drainage channel would be provided with a sedimentation tank
to prevent sediments to be carried away by the runoff.
 Storm water drainage should not be discharged to into any
agricultural field /irrigation canal.
4.6 Depletion of water resource Consumption of water would be reduced to the extent possible Contractor
through the application of water conservation measures and
through reuse/recycling of water, wherever possible.

4.7 Alteration /diversion of natural drainage Existing micro drainage channel passing through the GSS site Contractor
channel would be redirected along the boundary of the GSS site to prevent
any waterlogging within premises.

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
5.1 Blasting (in case of hard rock Noise and Vibration Adopt appropriate engineering safeguards to meet the regulatory Contractor
formation) standard [DGMS Prescribed Permissible Limit of Ground
Vibration (refer Annexure 6 of the ESIA Report)] for blasting
operation.

5.2 Damage to Structure In case there are any damages to the structures due to blasting, the Contractor
same will be assessed and would be repaired

5.3 Occupational health and safety  Implement mitigation measures to control fly rock; Contractor
 Secure and limit access to blasting areas to qualified
personnel involved in, and necessary for, blasting operations;
 Arrange for adequate safety measures (as per Explosives
Rules, 2008) for transport and storage of explosives;
 Provide protective equipment to all the personnel engaged in
blasting activity.

6.1 Community Health and Safety Injury and sickness of local people  Coordination with local communities for construction Contractor
schedules;
 Access restriction for local people at the construction site.
 Undertaking regular health check-ups of the work-force and
reporting any major illnesses at the earliest to Block health
officer for disease control and surveillance.
 Creating mass and labour awareness on HIV and STDs;

6.2 Local Woman Community  Labour Camp should be located away from the village and it Contractor
should be access controlled for the local people.
 Awareness should be created among the migratory labour
that they should not be entering the village without prior

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
information to the villagers.
 Local resource like hand pump, bathing ghat should not be
used by the labourers.

7.1 Occupational health and safety Injury and sickness of workers  Provide safety equipment’s (PPEs) for construction workers; Contractor
 Prevent entry of unauthorized person at construction site;
 Provide training on health and safety to all the workers.

7.2 Labour camp related EHS and Hygiene Issues Facilities would be provided at the labour camp as per provisions Contractor
of IFC Guidance Note on Worker’s Accommodation 2009. Some
of the relevant provisions to be complied are as follows:

1. Worker’s accommodation;
2. Provision of safe drinking water;
3. Appropriate arrangement for cooking;
4. Management of waste water and solid waste from the camp
site;
5. Availability of medical facility (first aid)
6. Security arrangement of the camp site.
7. Arrangement to register and redress grievance of workers.

Refer Annexure 7 of the ESIA report for detail guideline.

7.3 Conflict with local population due to If there are any cultural property like Satvari, Graveyard, Contractor
disturbance on religious/cultural site/ common Temple, Fare Ground etc. located at the boundary of the GSS
property resource site, following measures would be implemented:
 Boundary wall or fencing should be constructed before
commencement of construction work
 Labour camp should be located away from any cultural
property located just outside the boundary of proposed site.

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
 Any kind of waste from construction site should not be
dumped near the cultural property.
 Awareness camp for labour regarding the sensitivity of the any
cultural property should be organized on regular interval.

Construction waste should not be dumped in the pond / irrigation

canal (If there are any common property like pond, irrigation
canal located at the boundary of the GSS site).

7.4 Conflict with local community due to sharing Local resource like hand pump, pond, bathing ghat should not be Contractor
of local resources used by the workforce of GSS site.

Operation and Maintenance

8 Drainage of storm water Water/Soil Pollution  All internal drainage channels from the substation site Contractor
would be connected to a peripheral site drainage channel.
 The peripheral site drainage channel would be provided
with a sedimentation tank and oil-water separator to prevent
sediments and oil & grease to be carried away by the runoff.
 Storm water drainage should not be discharged to into any
agricultural field and pond adjacent to the site.

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
9 Handling and disposal of waste Water/Soil Pollution  The municipal solid waste would be composted in Contractor with support of concerned
composting pits JUSNL Subdivision Office
 Authorization for hazardous waste generation (used
transformer oil) should be obtained from the Jharkhand
State Pollution Control Board (18);
 Hazardous waste need to be disposed through CPCB/PCB
authorized recyclers;
 Annual return [Form 4 Hazardous and Other Wastes
(Management and Transboundary Movement) Rules, 2016]
to be submitted to JSPCB.
10 Storage and handling of SF6 Emission of most potent GHG causing climate Procedure would be put in place for storage, handling and Contractor with support of concerned
change refilling of SF6 gas cylinders. Every refill would be documented JUSNL Subdivision Office
and any unusual variation in gas volume would be reported to
JPSIP for review and rectification. Each and every leakage will be
promptly detected, addressed and documented and reported to the
JUSNL Management.

11.1.1 Occupational health and safety of staff Injury/ mortality to staff during O&M work During the testing and charging of electrical lines and substation, Contractor with support of concerned
electricity insulating protective equipment like footwear (ISO JUSNL Subdivision Office
20345: 2004 Part-2), rubber gloves (IS 4770: 1991) would be
provided to workers. In addition, provisions of the “Central
Electricity Authority (Measures Relating to Safety and Electric
Supply) Regulations 2010” would be adhered to.

11.1.2 Induction training to all the new employee and six monthly Contractor with support of concerned
refresher training for substation O&M staff would be organized. JUSNL Subdivision Office

(18) As per recommendation made by the Jharkhand Pollution Control Board

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Sl. No. Project Phase Potential Impacts Proposed Mitigation Measures Responsibility

/Activity
11.2 Injury/ mortality from emergency situation Preparation of fire emergency action plan and training given to Contractor with support of concerned
staff on implementing emergency action plan JUSNL Subdivision Office

12 Community health and safety Injury/ mortality to public Integrity of compound wall would be maintained all time Contractor with support of concerned
JUSNL Subdivision Office

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Section X - Contract Forms

Table of Forms
Notification of Award - Letter of Acceptance.......................................................................... 276
Contract Agreement .................................................................................................................. 277
Appendix 1. Terms and Procedures of Payment ......................................................................... 285
Appendix 2. Price Adjustment .................................................................................................... 290
Appendix 3. Insurance Requirements ......................................................................................... 293
Appendix 4. Time Schedule ........................................................................................................ 293
Appendix 5. List of Major Items of Plant and Installation Services and List of Approved Subcontractors
298
Appendix 6. Scope of Works and Supply by the Employer........................................................ 299
Appendix 7. List of Documents for Approval or Review ........................................................... 300
Appendix 8. Functional Guarantees ............................................................................................ 307

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Notification of Award - Letter of Acceptance

______________________

To: ____________________________

This is to notify you that your Bid dated ____________ for execution of the _________________ for
the Contract Price in the aggregate of _____________________ ________________, as corrected and
modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.

You are requested to furnish the Performance Security within 28 days in accordance with the Conditions
of Contract, using for that purpose one of the Performance Security Forms included in Section X -
Contract Forms, of the bidding document.

Authorized Signature:
Name and Title of Signatory:
Name of Agency:

Attachment: Contract Agreement

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Contract Agreement

THIS AGREEMENT is made the ________ day of ________________________, _____,

BETWEEN

(1) ______________________[Name of Employer], a corporation incorporated under the laws of

___________ and having its principal place of business at ___________________[address of
Employer] (hereinafter called “the Employer”), and (2) ______________________[name of
Contractor], a corporation incorporated under the laws of ________________________ [country of
Contractor] and having its principal place of business at ________________________ [address of
Contractor] (hereinafter called “the Contractor”).

WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver, install,
complete and commission certain Facilities, viz. _________________ [list of facilities] (“the
Facilities”), and the Contractor has agreed to such engagement upon and subject to the terms and
conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. Contract 1.1 Contract Documents (Reference GCC Clause 2)

Documents
The following documents shall constitute the Contract between the
Employer and the Contractor, and each shall be read and construed as
an integral part of the Contract:
(a) This Contract Agreement and the Appendices hereto
(b) Letter of Bid and Price Schedules submitted by the Contractor
(c) Particular Conditions
(d) General Conditions
(e) Specification
(f) Drawings
(g) Other completed Bidding forms submitted with the Bid
(h) Any other documents forming part of the Employer’s
Requirements
(i) Any other documents shall be added here
1.2 Order of Precedence (Reference GCC Clause 2)
In the event of any ambiguity or conflict between the Contract
Documents listed above, the order of precedence shall be the order in
which the Contract Documents are listed in Article 1.1 (Contract
Documents) above.

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1.3 Definitions (Reference GCC Clause 1)

Capitalized words and phrases used herein shall have the same
meanings as are ascribed to them in the General Conditions.
Article 2. Contract 2.1 Contract Price (Reference GCC Clause 11)
Price and Terms of
The Employer hereby agrees to pay to the Contractor the Contract
Payment
Price in consideration of the performance by the Contractor of its
obligations hereunder. The Contract Price shall be:
__________________, _______________ [amount of Rs. in words],
[amount in figures], as specified in Price Schedule No. 5 (Grand
Summary), or such other sums as may be determined in accordance
with the terms and conditions of the Contract.
2.2 Terms of Payment (Reference GCC Clause 12)
The terms and procedures of payment according to which the
Employer will reimburse the Contractor are given in the Appendix
(Terms and Procedures of Payment) hereto.
Article 3. Effective 3.1 Effective Date (Reference GCC Clause 1)
Date
The Effective Date from which the Time for Completion of the
Facilities shall be counted is the date when all of the following
conditions have been fulfilled:
(a) This Contract Agreement has been duly executed for and on
behalf of the Employer and the Contractor;
(b) The Contractor has submitted to the Employer the Performance
Security and the advance payment guarantee;
(c) The Employer has paid the Contractor the advance payment
Each party shall use its best efforts to fulfill the above conditions for
which it is responsible as soon as practicable.
3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months
from the date of this Contract notification because of reasons not
attributable to the Contractor, the Parties shall discuss and agree on an
equitable adjustment to the Time for Completion.
Article 4. 4.1 The address of the Employer for notice purposes, pursuant to GCC 4.1
Communications is: ______________________.
4.2 The address of the Contractor for notice purposes, pursuant to GCC 4.1
is: ________________________.
Article 5. Appendices 5.1 The Appendices listed in the attached List of Appendices shall be
deemed to form an integral part of this Contract Agreement.
5.2 Reference in the Contract to any Appendix shall mean the Appendices
attached hereto, and the Contract shall be read and construed
accordingly.

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IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly
executed by their duly authorized representatives the day and year first above written.

Signed by, for and on behalf of the Employer

[Signature]

[Title]

in the presence of

Signed by, for and on behalf of the Contractor

[Signature]

[Title]

in the presence of

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Notification of Intention to Award

[This Notification of Intention to Award shall be sent to each Bidder that submitted a Bid, unless the
Bidder has previously received notice of exclusion from the process at an interim stage of the
procurement process.]

[Send this Notification to the Bidder’s Authorized Representative named in the Bidder Information
Form]
For the attention of Bidder’s Authorized Representative
Name: [insert Authorized Representative’s name]
Address: [insert Authorized Representative’s Address]
Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers]
Email Address: [insert Authorized Representative’s email address]

[IMPORTANT: insert the date that this Notification is transmitted to Bidders. The Notification must
be sent to all Bidders simultaneously. This means on the same date and as close to the same time as
possible.]
DATE OF TRANSMISSION: This Notification is sent by: [email/fax] on [date] (local time)

Notification of Intention to Award

Employer: [insert the name of the Employer]
Project: [insert name of project]
Contract title: [insert the name of the contract]
Country: [insert country where RFB is issued]
Loan No. /Credit No.: [insert reference number for loan/credit/grant]
RFB No: [insert RFB reference number from Procurement Plan]

This Notification of Intention to Award (Notification) notifies you of our decision to award the
above contract. The transmission of this Notification begins the Standstill Period. During the
Standstill Period, you may:

a) request a debriefing in relation to the evaluation of your Bid, and/or

b) submit a Procurement-related Complaint in relation to the decision to award the contract.

1. The successful Bidder

Name: [insert name of successful Bidder]

Address: [insert address of the successful Bidder]

Contract price: [insert contract price of the successful Bid]

2. Other Bidders [INSTRUCTIONS: insert names of all Bidders that submitted a Bid. If the
Bid’s price was evaluated include the evaluated price as well as the Bid price as read out.]

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Name of Bidder Bid price Evaluated Bid Cost

[insert name] [insert Bid price] [insert evaluated cost]

[insert name] [insert Bid price] [insert evaluated cost]
[insert name] [insert Bid price] [insert evaluated cost]
[insert name] [insert Bid price] [insert evaluated cost]
[insert name] [insert Bid price] [insert evaluated cost]

3. Reason/s why your Bid was unsuccessful

[INSTRUCTIONS: State the reason/s why this Bidder’s Bid was unsuccessful. Do NOT
include: (a) a point by point comparison with another Bidder’s Bid or (b) information that is
marked confidential by the Bidder in its Bid.]

4. How to request a debriefing

DEADLINE: The deadline to request a debriefing expires at midnight on [insert date] (local
time).
You may request a debriefing in relation to the results of the evaluation of your Bid. If you decide to
request a debriefing, your written request must be made within three (3) Business Days of receipt of
this Notification of Intention to Award.
Provide the contract name, reference number, name of the Bidder, contact details; and address the
request for debriefing as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
If your request for a debriefing is received within the 3 Business Days deadline, we will provide the
debriefing within five (5) Business Days of receipt of your request. If we are unable to provide the
debriefing within this period, the Standstill Period shall be extended by five (5) Business Days after
the date that the debriefing is provided. If this happens, we will notify you and confirm the date that
the extended Standstill Period will end.
The debriefing may be in writing, by phone, video conference call or in person. We shall promptly
advise you in writing how the debriefing will take place and confirm the date and time.
If the deadline to request a debriefing has expired, you may still request a debriefing. In this case, we
will provide the debriefing as soon as practicable, and normally no later than fifteen (15) Business
Days from the date of publication of the Contract Award Notice.

5. How to make a complaint

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Period: Procurement-related Complaint challenging the decision to award shall be submitted

by midnight, [insert date] (local time).
Provide the contract name, reference number, name of the Bidder, contact details; and address the
Procurement-related Complaint as follows:
Attention: [insert full name of person, if applicable]
Title/position: [insert title/position]
Agency: [insert name of Employer]
Email address: [insert email address]
Fax number: [insert fax number] delete if not used
At this point in the procurement process, you may submit a Procurement-related Complaint
challenging the decision to award the contract. You do not need to have requested, or received, a
debriefing before making this complaint. Your complaint must be submitted within the Standstill
Period and received by us before the Standstill Period ends.
Further information:
For more information see the Procurement Regulations for IPF Borrowers (Procurement
Regulations)[https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=
4005] (Annex III). You should read these provisions before preparing and submitting your
complaint. In addition, the World Bank’s Guidance “How to make a Procurement-related
Complaint” [http://www.worldbank.org/en/projects-operations/products-and-
services/brief/procurement-new-framework#framework] provides a useful explanation of the
process, as well as a sample letter of complaint.
In summary, there are four essential requirements:
1. You must be an ‘interested party’. In this case, that means a Bidder who submitted a Bid in
this bidding process, and is the recipient of a Notification of Intention to Award.
2. The complaint can only challenge the decision to award the contract.
3. You must submit the complaint within the period stated above.
4. You must include, in your complaint, all of the information required by the Procurement
Regulations (as described in Annex III).

6. Standstill Period

DEADLINE: The Standstill Period is due to end at midnight on [insert date] (local time).
The Standstill Period lasts ten (10) Business Days after the date of transmission of this
Notification of Intention to Award.
The Standstill Period may be extended as stated in Section 4 above.

If you have any questions regarding this Notification please do not hesitate to contact us.

On behalf of the Employer:

Signature: ______________________________________________

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Name: ______________________________________________

Title/position: ______________________________________________

Telephone: ______________________________________________

Email: ______________________________________________

2.2 Substitute the first note in Italics in the Form ‘Notification of Award’ as under:
[The Letter of Acceptance shall be the basis for formation of the Contract as described in ITB Clause
47. This Standard Form of Letter of Acceptance shall be filled in and sent to the successful Bidder only
upon expiry of the Standstill Period, specified in BDS ITB 44.1 or any extension thereof, or upon
satisfactorily addressing a complaint that has been filed within the Standstill Period, subject to any
review by the World Bank required under the Loan Agreement.]

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APPENDICES
Appendix 1 Terms and Procedures of Payment
Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Major Items of Plant and Installation Services and List of Approved
Subcontractors
Appendix 6 Scope of Works and Supply by the Employer
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees

[Note: Sample Forms of Appendices 1 to 8 are provided herein. However, since the provisions of
Appendices 1 through 8 would be contract specific, these may be finalized by the Employer on a case-
to-case basis.]

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Appendix 1. Terms and Procedures of Payment

In accordance with the provisions of GCC Clause 12 (Terms of Payment), the Employer shall pay the
Contractor in the following manner and at the following times, on the basis of the Price Breakdown
given in the section on Price Schedules. Payments will be made in Rs, unless otherwise agreed between
the Parties. Applications for payment in respect of part deliveries may be made by the Contractor as
work proceeds.

TERMS OF PAYMENT

Schedule No. 1. Plant and Equipment Supplied from Abroad – Not used.

Schedule No. 2. Plant and Equipment Supplied from within the Employer’s Country
In respect of plant and equipment supplied from within the Employer’s country, the
following payments shall be made.
Ten percent (10%) of the total EXW amount as Mobilization payment against receipt of
invoice, and an irrevocable mobilization payment security for the equivalent amount
made out in favour of the Employer. The mobilization payment security may be reduced
in proportion to the value of the plant and equipment delivered to the site, as evidenced by
shipping and delivery documents.

The 10% Mobilization payment shall be paid as under:

5% of the total EXW amount on submission of invoice and proof by the contractor that
the site office is opened.
5% of the total EXW amount on submission of invoice and proof by the contractor that
civil subcontractor is appointed.
Fifty (50%) of the total or pro rata EXW amount upon Incoterm “EXW,” upon delivery
to the carrier and on submission of following documents through irrevocable Letter of
Credit opened in favour of supplier bank:

i) 6 copies of supplier invoice showing contract no., goods description, quantity, unit price
and total amount.
ii) Original and 6 copies of negotiable, clean, on-board bill of lading (from Indian Banking
Association approved transporter in case of road cargo) marked freight prepaid and 6
copies of non-negotiable bill of lading.
iii) 6 copies of Detailed Packing list identify contents of each package.
iv) Insurance Policy/Certificate.
v) Manufacturer’s / supplier’s warranty certificate.
vi) Factory inspection report issued by the Employer in the form of Dispatch Authorization.
vii) Certificate of origin.
vii) Proof of GST payment and e-way bill along with invoice

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ix) Certificate from the Dy. General Manager of Transmission circle on the specified
format indicating that the material is required sequential to related erection and civil
activities

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Thirty percent (30%) of the EXW amount upon Incoterm “EXW,” price of each item shall
be paid within 45 days after receipt and storage of material at site and on physical
verification by the employer. The payment shall be made on submission of following
documents:

i) Documentary evidence of handing over of material at the Contractor’s site store, to

Employer and its re-issue to the Contractor against indemnity bond for execution of
work.
ii) Contractor’s detailed invoice.
iii) Detailed Packing list.
iv) Insurance policy/Certificate.
v) Dispatch authorization issued by the employer.
vi) Tax Certificate if any.
vii) Proof of deposit of tax other than GST if any

Five percent (5%) of the total or pro rata EXW amount upon issue of the Completion
Certificate including submission of As Built Drawings & Documents, within forty-five
(45) days after receipt of invoice.
Five percent (5%) of the total or pro rata EXW amount upon issue of the Operational
Acceptance Certificate, within 45 days after receipt of invoice.

Schedule No. 3. Design Services

In respect of design services, payments shall be made in Rs, in the following manner:
Ten percent (10%) of the total design services amount as an advance payment against
receipt of invoice, and an irrevocable advance payment security for the equivalent amount
made out in favor of the Employer.
The breakup of 10% mobilization payment amount is as under:

5% of the total EXW amount on submission of invoice and proof by the contractor that
the site office is opened.
5% of the total EXW amount on submission of invoice and proof by the contractor that
civil subcontractor is appointed.
Ninety percent (90%) of the total or pro rata design services amount upon acceptance of
design in accordance with GCC Clause 20 by the Project Manager within forty-five (45)
days after receipt of invoice.

Schedule No. 4. Installation Services

In respect of installation services, payments shall be made:
Ten percent (10%) of the total installation services amount as a mobilization payment
against receipt of invoice, and an irrevocable mobilization payment security for the
equivalent amount made out in favour of the Employer. The mobilization payment

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security may be reduced in proportion to the value of work performed by the Contractor
as evidenced by the invoices for installation services.
Contractor to submit GST and civil material consumption and utilization report for
royalty calculation.
The breakup of 10% mobilization payment amount is as under:
5% of the total EXW amount on submission of invoice and proof by the contractor that
the site office is opened.
5% of the total EXW amount on submission of invoice and proof by the contractor that
civil subcontractor is appointed.
Eighty percent (80%) of the measured value of work performed by the Contractor, as
identified in the said Program of Performance, during the preceding month, as evidenced
by the Employer’s authorization of the Contractor’s application, will be made monthly
within forty-five (45) days after receipt of invoice except for the payment of following lot
items which will be regulated as under:
Payment of lot items specified under unit/ Qty. columns in the price schedule:
Payment of lot items will be paid on completion of the lot activity as below:
Five percent (5%) of the total or pro rata value of installation services performed by the
Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly
applications, upon issue of the Completion Certificate, within 45 days after receipt of
invoice.
Five percent (5%) of the total or pro rata value of installation services performed by the
Contractor as evidenced by the Employer’s authorization of the Contractor’s monthly
applications, upon issue of the Operational Acceptance Certificate, within 45 days after
receipt of invoice.
In the event that the Employer fails to make any payment on its respective due date, the
Employer shall pay to the Contractor interest on the amount of such delayed payment at
the rate equal to PLR of SBI prevailing at the time of due date of payment per month for
period of delay until payment has been made in full.

PAYMENT PROCEDURES
The procedure to be followed in applying and certification and making payment are as
explained in above respective paras. The Employer shall make payments promptly within
forty five (45) days of submission of an invoice/claim by the Contractor. All the payment
shall be released to the Contractor directly except the payment due on shipment, which
shall be paid through irrevocable confirmed Letter of Credit. The Letter of Credit shall be
established by the Employer in time for supplies to be made as scheduled. However, the
payments of price adjustment and taxes & duties etc. shall be made as follows:
a) Payment of price adjustment:-
Ninety Percent (90%) of the calculated price variation will be made within 45 days after
receipt of invoice.
Five percent (5%) of the calculated price variation will be made upon issue of the
Completion Certificate, within 45 days after receipt of invoice.

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Five percent (5%) of the calculated price variation will be made upon issue of the
Operational Acceptance Certificate, within 45 days after receipt of invoice.

b) Taxes and Duties:

Taxes & Duties in respect of transaction between Employer and the Contractor and any
other tax as applicable for destination site/state on all items of supply including bought-
out finished items (as identified in the Contract), which shall be dispatched directly from
the sub-vendor’s works to the Employer’s site (sale-in-transit) will be paid after each
shipment against documentary evidence. This payment shall be released by Employer
directly to the Contractor against invoices to be submitted by the Contractor. No Tax will
be paid on the bought-out items, which are directly dispatched by the Subcontractor.

Note: The bid price for (i) the items for which quantities have been indicated as lump sum or lot
or set and/or (ii) where the quantities are to be estimated by the Contractor shall remain constant
unless there is change made in the Scope of Work by Employer and/or for price variation relating
to price adjustment provisions. The quantities and unit prices (i) subsequently arrived while
approving the Bill of Quantities (BOQ) /Billing breakup of lump sum quantities/lot/Set and/or (ii)
estimated by the Contractor shall be for on account payment purpose only. In case additional
quantities, over and above the quantities BOQ/billing breakup and /or estimated by the
Contractor, are required for successful completion of the scope of work as per Technical
Specification, the Contractor shall execute additional quantities of these items for which no
additional payment shall be made over and above the lump sum bid price. In case quantities of
these items supplied at site are in excess of that required for successful completion of scope of
work, such additional quantities shall be the property of the Contractors and they shall be allowed
to take back the same from the site for which no deduction from the lump sum bid price shall be
made. Further, in case actual requirement of quantities for successful completion of scope of work
is less than the quantities identified in the approved BOQ /billing breakup and/or estimated by the
Contractor, the lump sum bid price shall remain unchanged and no deduction shall be made from
the lump sum price due to such reduction of quantities.

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Appendix 2. Price Adjustment

PRICE ADJUSTMENT

1.1 General

1.1.1 Prices for work and materials covered under the scope of this Specification shall be
furnished by the bidder in the manner specified in the Bid Form & Price Schedules. The
Prices shall remain FIRM for all the equipments and installation services except that of
supply of power Transformers which shall be adjustable.

1.1.2 Ex-Works Price Component

The formulae for calculating the price adjustment to be applied to the Ex- works price
component of the Power Transformer will be as follows (in accordance with IEEMA
circular ref IEEMA/PVC/PWR TRF_upto 400kV/2015):

a) Power Transformer

P = ( P0/100) x {10 + 29 x (C/C0) +27 x (ES/ES0) + 7 x (IS/IS0)+ 5 x

(IM/IM0)+ 7 x (TO/TO0) + 15 x (W/W0)}

Where
P = Price payable as adjusted in accordance with the above formula
P0 = Price quoted/confirmed.
C0 = Average LME settlement price of copper wire bars
This price is applicable for the month, ONE month prior to the date of
tendering.
ES0 = Price of CRGO Electrical Steel lamination
This price is applicable for 1st working day of the month, ONE month prior to
the date of tendering.
IS0 = Average Price of Steel plates 10mm thick
This price is applicable for 1st working day of the month, ONE month prior to
the date of tendering.
IM0 = Price of Insulating materials
This price is applicable for 1st working day of the month, ONE month prior to
the date of tendering.
TO0 = Price of Transformer oil

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This price is applicable for 1st working day of the month, ONE month prior to
the date of tendering.
W0 = All India average consumer price index number for industrial workers, as
published by Labour Bureau, Ministry of Labour, Govt. of India (Base
:2001=100)
This index is applicable for 1st working day of the month, THREE month prior
to the date of tendering.
For example, if date of tendering falls in June 2015, applicable prices of Copper Wire Bars (C0),
Transformer oil (TO0), Steel plates 10mm thick (IS0), CRGO Electrical Steel laminations (ES0) and
Insulating Material (IM0) should be as on 01st May 2015 and all India average consumer price index no
(W0) should be for the month of 01st March 2015.
The above prices and indices are published by IEEMA vide circular reference number
IEEMA(PVC)/PWR_TRF/_/_ .

C = Average LME settlement price of copper wire bars

This price is applicable for the month, TWO months prior to the date of
delivery.
ES0 = Price of CRGO Electrical Steel lamination
This price is applicable for 1st working day of the month, TWO months prior to
the date of delivery.
IS0 = Average Price of Steel plates 10mm thick
This price is applicable for 1st working day of the month, ONE months prior to
the date of delivery.
IM0 = Price of Insulating materials
This price is applicable for 1st working day of the month, TWO months prior to
the date of delivery.
TO0 = Price of Transformer oil
This price is applicable for 1st working day of the month, ONE months prior to
the date of delivery.
W0 = All India average consumer price index number for industrial workers, as
published by Labour Bureau, Ministry of Labour, Govt. of India (Base
:2001=100)
This index is applicable for 1st working day of the month, THREE months prior to the date of delivery.
The date of delivery is the date on which the transformer is notified as being ready for
inspection/dispatch (in the absence of such notification, the date of manufacturer’s dispatch note is to be
considered as date of delivery) or the contracted delivery date (including any agreed extension thereto),
whichever is earlier.
The total price adjustment for power transformer shall not be subject to any ceiling what so
ever. No price increase shall be allowed beyond the original delivery dates unless specifically
stated in the Time Extension letter. As a rule, no price adjustment shall be allowed for periods of
delay for which Contractor is entirely responsible.

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Bid shall conform to the price adjustment provisions detailed above. However, Bids specifying
price adjustment provisions other than those specified in these specifications and conditions
shall be treated as alternative proposal and shall be rejected.

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Appendix 3. Insurance Requirements

Insurances to be Taken Out by the Contractor

In accordance with the provisions of GC Clause 34, the Contractor shall at its
expense take out and maintain in effect, or cause to be taken out and maintained in effect,
during the performance of the Contract, the insurances set forth below in the sums and
with the deductibles and other conditions specified. The identity of the insurers and the
form of the policies shall be subject to the approval of the Employer, such approval not to
be unreasonably withheld.

(a) Cargo Insurance

Covering loss or damage occurring, while in transit from the supplier’s or
manufacturer’s works or stores until arrival at the Site, to the Facilities
(including spare parts therefore) and to the construction equipment to be provided
by the Contractor or its Subcontractors.

Amount Deductible Parties From To

limits Insured
140% of the (Ex-works/ CIP NIL Contractor Warehouse Warehouse
Indian Port of entry/CIP Entry & Employer + 60 days
Border Point value)

(b) Installation All Risks Insurance

Covering physical loss or damage to the Facilities at the Site, occurring prior to
completion of the Facilities, with an extended maintenance coverage for the
Contractor’s liability in respect of any loss or damage occurring during the
defect liability period while the Contractor is on the Site for the purpose of

Amount Deductible Parties Insured From To

limits
140% of the NIL Contractor/ Receipt at Upto Defect
(Contract Price) Sub-contractor site Liability period
& Employer
performing its obligations during the defect liability period.

(c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the
Employer’s personnel) and loss of or damage to property (including the Employer’s
property and any parts of the Facilities that have been accepted by the Employer)
occurring in connection with the supply and installation of the Facilities.

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Amount Deductible limits Parties Insured From To

Rs. 0.5 million NIL Contractor/ Commencement Upto Defect

per person per Sub-contractor of work
Liability period
occasion

(d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its Subcontractors
(whether or not owned by them) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements.
(e) Workers’ Compensation
In accordance with the statutory requirements applicable in India where the facility or any
part thereof is executed.
(f) Employer’s Liability
In accordance with the statutory requirements applicable in India where the facility or any
part thereof is executed.
The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GC Sub-Clause 34.1, except for the Third Party Liability, Workers’
Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors
shall be named as co-insurers under all insurance policies taken out by the Contractor
pursuant to GC Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and
Employer’s Liability Insurances. All insurer’s rights of subrogation against such co-
insured for losses or claims arising out of the performance of the Contract shall be waived
under such policies.

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Insurances To Be Taken Out By The Employer

The Employer shall at its expense take out and maintain in effect during the
performance of the Contract the following insurances.

Details:

Amount Deductible limits Parties Insured From To

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Appendix 4. Time Schedule

S. No Area/ Description of Milestone Finish

Duration in
month from
months
LOA
Engineering
1. Basic Engineering, Check survey 2 3
2. Detailed Engineering and approvals 6 9
3. Statutory Clearance (support) 6 12
Manufacturing & Supply
1. Bought out items Ordering completion 4 6
2. Manufacturing, Testing and Inspection 9 15
3. Supply at Site 6 18
Equipment Erection & commissioning
1. Opening of site office & mobilization 0.5 0.5
2. Erection of GSS 6 18
3. Commissioning of GSS 6 24
Completion of Work
1. All Civil and Other Miscellaneous Works… 12 20
2. DLP Period and Compeltion As per GCC and PCC
Section X –Contract Forms 298

Appendix 5. List of Major Items of Plant and Installation Services and List of Approved
Subcontractors

Prior to award of Contract, the following details shall be completed, indicating those
Subcontractors proposed by the Bidder in the corresponding Attachment to its bid that are approved
by the Employer for engagement by the Contractor during the performance of the Contract.

A list of major items of Plant and Installation Services is provided below.

The following Subcontractors and/or manufacturers are approved for carrying out the items of the
Facilities indicated below. Where more than one Subcontractor is listed, the Contractor is free to
choose between them, but it must notify the Employer of its choice in good time prior to appointing
any selected Subcontractor. In accordance with GCC Sub-Clause 19.1, the Contractor is free to
submit proposals for Subcontractors for additional items from time to time. No Subcontracts shall be
placed with any such Subcontractors for additional items until the Subcontractors have been approved
in writing by the Employer and their names have been added to this list of Approved Subcontractors.

Major Items of Plant and Approved Subcontractors/Manufacturers Nationality

Installation Services

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Appendix 6. Scope of Works and Supply by the Employer

The following personnel, facilities, works and supplies will be provided/supplied by the Employer,
and the provisions of GCC Clauses 10, 21 and 24 shall apply as appropriate.
All personnel, facilities, works and supplies will be provided by the Employer in good time so as not
to delay the performance of the Contractor, in accordance with the approved Time Schedule and
Program of Performance pursuant to GCC Sub-Clause 18.2.
Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of
charge to the Contractor.

Personnel Charge to Contractor (if any)

Nil

Facilities Charge to Contractor (if any)

Nil

Works Charge to Contractor (if any)

Nil

Supplies Charge to Contractor (if any)

Nil

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Appendix 7. List of Documents for Approval or Review

Pursuant to GCC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to
prepare, and present to the Project Manager in accordance with the requirements of GCC Sub-Clause
18.2 (Program of Performance), the following documents.
List of deliverables (indicative list)

132/33kV GSS
Civil and Electrical Drawings/Documents List to be prepared by Bidder
S.NO DRAWINGS/DOCUMENTS TITLE

ELECTRICAL

A DESIGN CALCULATIONS AND DOCUMENTS

1 DSLP CALCULATION
2 SCF CALCULATION FOR STRUNG BUS
3 SCF CALCULATION FOR EQUIPMENTS
4 SAG TENSION CALCULATION
5 220 V & 48V BATTERY SIZING CALCULATION
6 EARTHMAT DESIGN CALCULATION
7 ERECTION BILL OF QUANTITY
8 POWER CABLE SCHEDULE AND INTERCONNECTION DETAILS FOR LV
9 CONTROL CABLE SCHEDULE AND INTERCONNECTION DETAILS

B DRAWINGS
1 KEY SINGLE LINE DIAGRAM (SLD)
2 PROTECTION AND METERING SINGLE LINE DIAGRAM (PSLD)
3 AC AUXILIARY SYSTEM DISTRIBUTION SCHEME SINGLE LINE DIAGRAM
4 DC AUXILIARY SYSTEM DISTRIBUTION SCHEME SINGLE LINE DIAGRAM
5 OVERALL SUBSTATION LAYOUT PLAN AND SECTION LAYOUT
6 CONTROL BUILDING EQUIPMENT LAYOUT PLAN AND SECTION
7 220 kV AND 132 kV CLEARANCE DIAGRAM
8 DSLP LAYOUT
9 OVERALL SUBSTATION GROUNDING LAYOUT
10 EQUIPMENTS EARTHING DRAWING & BOQ
11 STRUCTURAL LAYOUT ARRANGEMENT
12 ERECTION KEY DIAGRAM FOR 132 kV, 33kV (PLAN & SECTION)
13 SMALL POWER & LIGHTING LAYOUT - OUTDOOR
14 SMALL POWER & LIGHTING LAYOUT - CONTROL ROOM BUILDING
15 SMALL POWER & LIGHTING LAYOUT - OPERATIONAL BUILDING A
16 SMALL POWER & LIGHTING LAYOUT - OPERATIONAL BUILDING B
17 SMALL POWER & LIGHTING LAYOUT - OPERATIONAL BUILDING C

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18 SMALL POWER & LIGHTING LAYOUT - STORE ROOM & DG ROOM

CIVIL
A DESIGN BASIS REPORT

B DESIGN CALCULATIONS AND DOCUMENTS

1 DESIGN CALCULATION OF OPERATIONAL BUILDING A
2 DESIGN CALCULATION OF OPERATIONAL BUILDING B
3 DESIGN CALCULATION OF OPERATIONAL BUILDING C
4 DESIGN CALCULATION OF CONTROL BUILDING
5 DESIGN CALCULATION OF FIRE FIGHTING BUILDING
6 DESIGN CALCULATION OF FIRE FIGHTING WATER TANK
DESIGN CALCULATION FOR 132kV EQUIPMENT SUPPORT STRUCTURE AND
7
FOUNDATION
DESIGN CALCULATION FOR 33kV EQUIPMENT SUPPORT STRUCTURE AND
8
FOUNDATION
9 DESIGN CALCULATION OF STORM WATER DRAIN
10 DESIGN CALCULATION FOR 132kV TOWER AND FOUNDATION
11 DESIGN CALCULATION FOR 33kV TOWER AND FOUNDATION
12 DESIGN CALCULATION FOR LIGHTNING MAST FOUNDATION
13 DESIGN CALCULATION FOR LIGHTNING MAST STRUCTURE
14 DESIGN CALCULATION OF BOUNDARY WALL
15 DESIGN CALCULATION OF RETAINING WALL

C OVERALL SWITCHYARD DRAWINGS

1 LEVELING LAYOUT
2 LAYOUT OF BORE HOLE, TRIAL PIT & PLATE LOAD
3 LAYOUT OF ERT POINTS
4 OUTDOOR FOUNDATION PLAN LAYOUT
5 BOUNDARY WALL LAYOUT

D CONTROL ROOM BUILDING DRAWINGS

6 LAYOUT AND DETAILS OF FOUNDATION AND COLUMN
7 LAYOUT AND DETAILS OF PLINTH, FIRST FLOOR AND ROOF LEVEL
8 STAIR CASE
9 BUILDING PLAN, SECTION AND ELEVATION
10 LINTEL BEAM LAYOUT AND DESIGN
11 SEPTIK TANK DETAILS AND SOAK PIT DETAILS

E FIRE FIGHTING BUILDING DRAWING (Not Applicable for 132/33kV GSS)

12 BUILDING RCC DESIGN AND DRAWING
13 FOUNDATION PLAN
14 BUILDING PLAN, SECTION AND ELEVATION

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15 DOOR AND WINDOW SCHEDULE

F OPERATIONAL BUILDING A - 3 BED ROOM BUNGLOW (GUEST HOUSE)

16 FOUNDATION PLAN
17 BUILDING RCC DESIGN AND DRAWING
18 BUILDING PLAN, SECTION AND ELEVATION
19 DOOR AND WINDOW SCHEDULE

G OPERATIONAL BUILDING B- OFFICER QUARTER 3 BED ROOM

20 FOUNDATION PLAN
21 BUILDING RCC DESIGN AND DRAWING
22 BUILDING PLAN, SECTION AND ELEVATION
23 DOOR AND WINDOW SCHEDULE

H OPERATIONAL BUILDING C- STAFF QUARTER 2 BED ROOM

24 FOUNDATION PLAN
25 BUILDING RCC DESIGN AND DRAWING
26 BUILDING PLAN, SECTION AND ELEVATION
27 DOOR AND WINDOW SCHEDULE

I STORE ROOM
28 FOUNDATION PLAN
29 BUILDING RCC DESIGN AND DRAWING
30 BUILDING PLAN, SECTION AND ELEVATION
31 DOOR AND WINDOW SCHEDULE

J DG ROOM
32 FOUNDATION PLAN
33 BUILDING RCC DESIGN AND DRAWING
34 BUILDING PLAN, SECTION AND ELEVATION
35 DOOR AND WINDOW SCHEDULE

K DG SET
36 FOUNDATION PLAN

L WATER TANK
37 FOUNDATION PLAN
38 RCC DRAWING PLAN, SECTION AND ELEVATION

M POWER TRANSFORMER
39 POWER TRANSFORMER FOUNDATION PLAN
40 POWER TRANSFORMER -RAILWAY CUM ROAD

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41 OIL COLLECTING PIT (BOT)

42 POWER TRANSFORMER FIRE PROTECTION WALL

N PLUMBING
CONTROL ROOM BUILDING - PLUMBING INSIDE THE BUILDINGS, DRAINAGE
43
SYSTEM, SEWERAGE SYSTEM
CONTROL ROOM BUILDING - PLUMBING INSIDE THE BUILDINGS FOR WATER
44
DISTRIBUTION SYSTEM
OPERATIONAL BUILDING A - PLUMBING INSIDE THE BUILDINGS FOR WATER
45
DISTRIBUTION SYSTEM & DRAINAGE SYSTEM
OPERATIONAL BUILDING B - PLUMBING INSIDE THE BUILDINGS FOR WATER
46
DISTRIBUTION SYSTEM & DRAINAGE SYSTEM
OPERATIONAL BUILDING C - PLUMBING INSIDE THE BUILDINGS FOR WATER
47
DISTRIBUTION SYSTEM & DRAINAGE SYSTEM

O 220 kV SWITCHYARD EQUIPMENT FOUNDATION

48 FOUNDATION DRAWING FOR 220 kV CT
49 FOUNDATION DRAWING FOR 220 kV CVT
50 FOUNDATION DRAWING FOR 220 kV LA
51 FOUNDATION DRAWING FOR 220 kV BPI
52 FOUNDATION DRAWING FOR 220 kV CB
53 FOUNDATION DRAWING FOR 220 kV ISOLATOR

P 132 kV SWITCHYARD EQUIPMENT FOUNDATION

54 FOUNDATION DRAWING FOR 132 kV CT
55 FOUNDATION DRAWING FOR 132 kV CVT
56 FOUNDATION DRAWING FOR 132 kV LA
57 FOUNDATION DRAWING FOR 132 kV BPI
58 FOUNDATION DRAWING FOR 132 kV CB
59 FOUNDATION DRAWING FOR 132 kV ISOLATOR
60 FOUNDATION DRAWING FOR 132 kV HG FUSE

Q TOWER DRAWING
61 220 kV TOWER FOUNDATION DRAWINGS
62 132 kV TOWER FOUNDATION DRAWINGS
63 LIGHTNING MAST FOUNDATION DRAWINGS
64 220 kV TOWER STRUCTURAL DRAWINGS
65 132 kV TOWER STRUCTURAL DRAWINGS
66 LIGHTNING MAST STRUCTURAL DRAWINGS

R 220 kV SWITCHYARD EQUIPMENT SUPPORT STRUCTURE

67 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 220 kV CT
68 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 220 kV CVT

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69 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 220 kV LA

70 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 220 kV BPI
69 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 220 kV ISOLATOR

S 132 kV SWITCHYARD EQUIPMENT SUPPORT STRUCTURE

70 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 132 kV CT
71 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 132 kV CVT
72 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 132 kV LA
73 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 132 kV BPI
74 EQUIPMENT SUPPORT STRUCTURE DRAWING FOR 132 kV ISOLATOR

T MISCELLANEOUS CIVIL DRAWINGS

75 LAYOUT & SECTION DETAILS OF CABLE TRENCH
76 ROAD AND DRAINAGE LAYOUT & SECTION
77 LAYOUT & SECTION DETAILS OF DRAIN
78 LAYOUT & DETAILS OF SITE SURFACING AND METAL SPREADING
79 DETAILS OF GATE
80 DETAILS OF CHAIN LINK FENCING
81 DETAILS OF BOUNDARY WALL
82 CAR PARKING SHED
83 DETAILS OF RETAINING WALL (if any)

220/132 kV GSS
Vendor Drawings/Documents List to be Submitted by Contractor
S.NO DRAWINGS/DOCUMENTS TITLE

ELECTRICAL

A DRAWINGS
1 GA DRAWING FOR 220/132 kV POWER TRANSFORMER
2 GA DRAWING FOR 33/0.433 kV TRANSFORMER
3 GA DRAWING FOR 220 kV CT
4 GA DRAWING FOR 220 kV CVT
5 GA DRAWING FOR 220 kV LA
6 GA DRAWING FOR 220 kV BPI
7 GA DRAWING FOR 220 kV ISOLATOR
8 GA DRAWING FOR 132 kV CT
9 GA DRAWING FOR 132 kV CVT
10 GA DRAWING FOR 132 kV LA
11 GA DRAWING FOR 132 kV BPI
12 GA DRAWING FOR 132 kV ISOLATOR

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13 GA DRAWING FOR 220 kV RELAY PANEL

14 GA DRAWING FOR 132 kV RELAY PANEL

B GTP
1 GTP FOR 220/132 kV POWER TRANSFORMER
2 GTP FOR 33/0.433 kV TRANSFORMER
3 GTP FOR 220 kV CT
4 GTP FOR 220 kV CVT
5 GTP FOR 220 kV LA
6 GTP FOR 220 kV BPI
7 GTP FOR 220 kV ISOLATOR
8 GTP FOR 132 kV CT
9 GTP FOR 132 kV CVT
10 GTP FOR 132 kV LA
11 GTP FOR 132 kV BPI
12 GTP FOR 132 kV ISOLATOR

C TYPE TEST REPORT

1 TTR FOR 220/132 kV POWER TRANSFORMER
2 TTR FOR 33/0.433 kV TRANSFORMER
3 TTR OF 220 kV CT
4 TTR OF 220 kV CVT
5 TTR OF 220 kV LA
6 TTR OF 220 kV ISOLATOR
7 TTR OF 132 kV CT
8 TTR OF 132 kV CVT
9 TTR OF 132 kV LA
10 TTR OF 132 kV ISOLATOR

D MANUFACTURING QUALITY PLAN (MQP)

1 MQP FOR 220/132 kV POWER TRANSFORMER
2 MQP FOR 33/0.433 kV TRANSFORMER
3 MQP FOR 220 kV CT
4 MQP FOR 220 kV CVT
5 MQP FOR 220 kV LA
6 MQP FOR 220 kV BPI
7 MQP FOR 220 kV ISOLATOR
8 MQP FOR 132 kV CT
9 MQP FOR 132 kV CVT
10 MQP FOR 132 kV LA
11 MQP FOR 132 kV BPI
12 MQP FOR 132 kV ISOLATOR

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13 MQP FOR 132 kV RELAY PANEL

14 MQP FOR 132 kV RELAY PANEL
E SLD and Schematics of all Equipment as applicable

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Appendix 8. Functional Guarantees

1. General

This Appendix sets out

(a) the functional guarantees referred to in GCC Clause 28 (Functional Guarantees)

(b) the preconditions to the validity of the functional guarantees, either in production and/or
consumption, set forth below

(c) the minimum level of the functional guarantees

(d) the formula for calculation of liquidated damages for failure to attain the functional
guarantees.

2. Preconditions

The Contractor gives the functional guarantees (specified herein) for the facilities, subject to the
following preconditions being fully satisfied:

[List any conditions for the carrying out of the Guarantee Test referred to in GCC Sub-Clause
25.2.]
3. Functional Guarantees

Subject to compliance with the foregoing preconditions, the Contractor guarantees as follows:

3.1 Production Capacity

[List here the production capacity that the Contractor is to guarantee, making sure to
use, as functional guarantees, the figures offered by the Contractor in its bid.]
and/or

3.2 Raw Materials and Utilities Consumption

[List here the guaranteed items of consumption per unit of production (e.g., kg, tons, kcal,
kWh, etc.) that the Contractor is to guarantee, making sure to use, as functional
guarantees, the figures offered by the Contractor in its bid.]
4. Failure in Guarantees and Liquidated Damages

4.1 Failure to Attain Guaranteed Production Capacity

If the production capacity of the facilities attained in the guarantee test, pursuant to GCC
Sub-Clause 25.2, is less than the guaranteed figure specified in para. 3.1 above, but the
actual production capacity attained in the guarantee test is not less than the minimum
level specified in para. 4.3 below, and the Contractor elects to pay liquidated damages to
the Employer in lieu of making changes, modifications and/or additions to the Facilities,
pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay liquidated damages at
the rate of ___________________ for every complete one percent (1%) of the deficiency
in the production capacity of the Facilities, or at a proportionately reduced rate for any
deficiency, or part thereof, of less than a complete one percent (1%).

4.2 Raw Materials and Utilities Consumption in Excess of Guaranteed Level

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[To be specified in the appropriate wording for the type of facilities if there are
consumption guarantees.]
If the actual measured figure of specified raw materials and utilities consumed per unit
(or their average total cost of consumption) exceeds the guaranteed figure specified in
para. 3.2 above (or their specified average total cost of consumption), but the actual
consumption attained in the guarantee test, pursuant to GCC Sub-Clause 25.2, is not more
than the maximum level specified in para. 4.3 below, and the Contractor elects to pay
liquidated damages to the Employer in lieu of making changes, modifications and/or
additions to the Facilities pursuant to GCC Sub-Clause 28.3, then the Contractor shall pay
liquidated damages at the rate of [amount in Rs.] for every complete one percent (1%) of
the excess consumption of the Facilities, or part thereof, of less than a complete one
percent (1%).

4.3 Minimum Levels

Notwithstanding the provisions of this paragraph, if as a result of the guarantee test(s), the
following minimum levels of performance guarantees (and consumption guarantees) are
not attained by the Contractor, the Contractor shall at its own cost make good any
deficiencies until the Facilities reach any of such minimum performance levels, pursuant
to GCC Sub-Clause 28.2:

(a) production capacity of the Facilities attained in the guarantee test: ninety-five
percent (95%) of the guaranteed production capacity (the values offered by the
Contractor in its Bid for functional guarantees represents 100%).

and/or

(b) average total cost of consumption of all the raw materials and utilities of the
Facilities: one hundred and five percent (105%) of the guaranteed figures (the
figures offered by the Contractor in its Bid for functional guarantees represents
100%).

4.4 Limitation of Liability: Subject to para. 4.3 above, the Contractor’s aggregate liability to
pay liquidated damages for failure to attain the functional guarantees shall not exceed ten
percent (10%) of the Contract price.

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Performance Security - Bank Guarantee

[including Additional Performance Security for unbalanced bids]
[Guarantor letterhead or SWIFT identifier code]

Performance Guarantee No……………………. [insert guarantee reference number]

Date…………………………. [insert date of issue of the guarantee]

To: ______________________________________________ [name of Employer]

_________________________________________ [address of Employer]

WHEREAS _________________________ [name and address of Contractor1] (hereinafter

called "the Applicant") has undertaken, in pursuance of Contract No. _____ dated ________________
to execute __________________________ [name of Contract and brief description of Facilities]
(hereinafter called "the Contract");

AND WHEREAS it has been stipulated by you in the said Contract that the Applicant shall
furnish you with a Bank Guarantee by a recognized bank2 for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Applicant such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Applicant, up to a total of ____________________ [amount of guarantee3]
___________________________ [in words], and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of ____________________
[amount of guarantee] as aforesaid without your needing to prove or to show grounds or reasons for
your demand for the sum specified therein.

1
In the case of a JV, insert the name of the Joint Venture
2
The Bank Guarantee from a Scheduled Bank in India is acceptable to the Employer.
3
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in
the Contract less provisional sums, if any, and denominated in Indian Rupees.

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We hereby waive the necessity of your demanding the said debt from the Applicant before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents which may
be made between you and the Applicant shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall (a) be reduced by half upon our receipt of a copy of the Operational Acceptance
Certificate; and (b) expire no later than the earlier of:4 (i) twelve months after our receipt of either (a)
above; or (ii) eighteen months after our receipt of a copy of the Completion Certificate; or (iii) the
____ day of _____, 2___.5

Consequently, any demand for payment under this guarantee must be received by us at this office on
or before that date.

Signature and seal of the guarantor _____________________________

Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________

[Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.]

4
This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities
in accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the performance security when the
Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although
in this latter case the Employer might want to consider an extended warranty security in lieu of the
extension of the performance security).
5
Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period. The
Employer should note that in the event of an extension of the time for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months][one year], in response to the Employer’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee.”

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Advance Payment Security

Demand Guarantee
[Guarantor letterhead or SWIFT identifier code]

Advance Payment Guarantee No……………………. [insert guarantee reference number]

Date…………………………. [insert date of issue of the guarantee]

To: __________________________________________ [name of Employer]

__________________________________________ [address of Employer]
___________________________________________ [name of Contract]

Gentlemen:

In accordance with the provisions of the Conditions of Contract, Sub-clause 13.2 ("Advance
Payment Security") of the above-mentioned Contract, ________________________________ [name
and address of Contractor6] (hereinafter called "the Applicant") shall deposit with
________________________ [name of Employer] a bank guarantee7 to guarantee his proper and
faithful performance under the said Clause of the Contract in an amount of _____________ [amount
of guarantee8] _________________________________ [in words].

We, the ____________________ [bank], as instructed by the Applicant, agree

unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to ____________________ [name of Employer] on his first demand without whatsoever
right of objection on our part and without his first claim to the Applicant, in the amount not exceeding
____________________ [amount of guarantee] __________________________________ [in
words].

6
In the case of a JV, insert the name of the Joint Venture
7
The Bank Guarantee from a Scheduled Bank in India is acceptable to the Employer.
8
An amount shall be inserted by the bank representing the amount of the Advance Payment, and denominated
in Indian Rupees.

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We further agree that no change or addition to or other modification of the terms of the
Contract or of work to be performed thereunder or of any of the Contract documents which may be
made between _____________________ [name of Employer] and the Applicant, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.

The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as indicated in copies of interim statements or payment
certificates which shall be presented to us. This guarantee shall remain valid and in full effect from
the date of the advance payment under the Contract until _________________________ [name of
Employer] receives full repayment of the same amount from the Applicant. Consequently any
demand for payment under this guarantee must be received by us at this office on or before that date.

Yours truly,

Signature and seal: _______________________________

Name of Bank: _________________
Address: _______________________________________
Date: ____________________

[Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.]

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Section X –Contract Forms 313

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Section XI –Price Schedule 314

Section XI – Price Schedule

1) Price Schedule for Jadugoda Substation

2) Price Schedule for Bahragoda Bay

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Section XI –Price Schedule 315

Schedule No. 1. Plant and Mandatory Spare Parts Supplied from Abroad: Not Used

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SCHEDULE - 2 (A) : Supply and Mandatory Spare Parts : 220/132 kV Jadugoda

SUBSTATION
Schedule of Quantity & Prices for
Design,Engineering, Supply, Installation, Testing & Commissioning of 220/132 kV
Jadugoda SUBSTATION
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24

Total Total
Unit Price GST Price
GST
Sl. No. Item Description Unit Qty Price (Rs.) Amoun (Rs.)
Rate
(Rs.) without t (Rs) with
GST GST

(4x5) % (6x7) (6+8)

1 2 3 4 5 6 7 8 9
PART-
ELECTRICAL
A
A TRANSFORMER
A1 Power Transformer
200 MVA Three phase
power Transformer
220/132/33 KV Auto
Transformer Complete
with all accessories,
1 Nos. 2
marshaling boxes,
terminal connectors etc.
with NIFPS with 10%
additional Transformer
Oil of same quality

A2 LT Transformer
630 KVA 33/0.433KV LT
SUBSTATION
TRANSFORMER with
1 oil,accessories and Nos. 2
terminal connectors with
10%extra oil.

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B1 220kV EQUIPMENTS
Circuit breaker (3
1
phase)
2500 A, 40 kA SF6 CB
with support structure,
marshalling boxes,
terminal connectors
etc.(current rating shall be
equal to the current rating
i) for which the short Set 8
cuircuit test reports shall
be furnished. (Spring-
Spring Mechanism )
(spring- spring )

ISOLATORS (3 phase),
with solid core insulators,
marshalling boxes,
2 terminal connectors
(Motor Operated) with
moving contact of HDEC
copper only.
1600 A, 40 kA with two
i) earth switch (Double Set 9
break Isolator)
1600 A, 40 kA with one
ii) earth switch (Double Set 8
break Isolator)
1600 A, 40 kA without
earth switch (Double
iii) break Isolator) (Tandem Set 14
arrangement)
2500 A, 40 kA with two
iv) earth switch (Double Nos. 2
break Isolator)
CURRENT
TRANSFORMER 5 Core
(1 phase) WITH
3 MARSHALING BOXES
TERMINAL
CONNECTORS
1600-800-400-200/1-1-1-
i) Nos 27
1-1 A, 120% extended

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current rating, 40 kA, 0.2

class 5 core
220 KV CVT 4400 pF
CVTs (1 phase) for phase
4 to phase coupling with all Nos. 21
accessories, terminal
connectors etc.
216 kV Surge Arresters (1
5 phase) class-III with Nos. 18
terminal connectors.

6 Portable discharge rods Nos. 6

ERECTION
B2 HARDWARE (220 kV)

Erection Hardware
1.1
(Without BPI)
Insulator strings antifog
type & hardware, spacers,
conductor (S), Bus bar
material, galvanised cable
trays/ cable rack, bay MB,
Clamps, Connectors
including, Junction
box,PVC pipes for
equipment and lighting, all
accessories etc. for the
following (The main I &
main II buses shall be of
quad Moose ACSR
Conductor & TBC as well
as Bus Coupler will be of
double Moose conductor.
220 kV, Double Main &
Transfer bus type
i Line bay Set 4
ii Transformer bay Set 2
iii TBC Set 1
iv BC Bay Set 1
v Bus Extension for 10 Bays Set 3

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(one no each for main I,

main II & trasfer bus)
220 kV Solid Core, Bus
1.2 post Insulators (including Nos. 115
requirement for wave trap)

132 kV EQUIPMENT
C1

Circuit Breaker (3
1
Phase)

1 Circuit breaker (3 phase)

1600 A, 31.5 kA SF6 CB

with support structure,
marshalling boxes,
terminal connectors
etc.(current rating shall be
i) Set 7
equial to the current rating
for which the short
cuircuit test reports shall
be furnished.) (Spring-
Spring )
ISOLATORS (3 phase),
with solid core insulators,
marshaling boxes,
2 terminal connectors
(Motor Operated) with
moving contact of HDEC
copper only.
1600 A, 31.5 kA with one
i) earth switch (Double Set 6
break Isolator)
1600A, 31.5 kA without
ii) earth switch (Double Set 8
break Isolator)
1600 A, 31.5 kA without
earth switch (Double
iii) Nos. 7
break Isolator)(Tandem
arrangement)
2000 A, 31.5 kA without
iv) earth switch (Double Nos. 2
break high level beam

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mounted Isolator)
Portable discharge rods ( 1
3 Nos. 6
phase)
Current Transformers 5
4
core (1 phase)
1200 -600-300-150/1-1-1-
1-1 A, 5 core 0.2S class
,31.5 kA with 120%
i) Nos. 21
extended current rating
with marshalling boxes,
terminal connectors etc.
8800 pF CVTs (1 phase)
5 with marshalling boxes, Nos. 15
terminal connectors etc .
120 kV Surge arresters
class-III ( 1 phase) with
6 Nos 18
marshalling boxes,
terminal connectors etc.
C2
ERECTION
1.1
HARDWARE (132 kV)
Insulator strings antifog
type & hardware,
spacers, conductor (S),
Bus bar material,
galvanised cable
trays/Cable rack, bay
MB, Clamps,
Connectors including,
1 Junction box,PVC pipes
for equipment and
lighting, all accessories
etc. for the following
(main bus shall be of
quad Moose conductor
and transfer bus shall
be strung with double
Moose conductor)
132 kV Main & Transfer
bay
i Line bay Set 4
ii Transformer bay Set 2

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iii TBC Bay Set 1

Bus for 8 bays (One for
iv main bus & another for Nos. 2
transfer bus)
132 kV Solid Core, Bus
1.2 post Insulators for erection 53
hardware
D 33 kV EQUIPMENT
1 Circuit Breaker (3 Phase)
1600 A, 25KA Vacume
CB with support structure,
marshalling boxes,
terminal connectors etc.
i) (current rating shall be set 2
equail to the current rating
for which the short circuit
test report shall be
furnished) (Spring-Spring)
ISOLATORS (3 phase),
with solid core insulators,
marshalling boxes,
2 terminal connectors
(Manually operated) with
moving contact of HDEC
copper only.
1600 A, 25 kA without
i) earth switch (Double set. 2
break Isolator)
1200A, Horn gap fuse ( 1
ii) Nos 6
phase)
Current Transformers (1
3
phase)
600-300-150/1 A, 5 core
0.2 class 25 kA with
i) 120% extended current set. 6
rating with marshalling
boxes terminal connectors
30 kV Surge arresters
4 class 3 ( 1 phase) with set. 6
marshalling boxes

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terminal connectors
33 kV Solid core Bus post
5 Insulators for erection set. 6
hardware
E LT Switchgear
i 415 V Main switch Board Set 2
415 V ACDB (no of
feeders shall be asper the
ii Set 2
requirement of the project
plus 20% extra feeders)
iii 415V MLDB Set 2
iv 415V Emergency LDB Set 2
250V DCDB (no of
feeders shall be asper the
v Set 2
requirement of the project
plus 20% extra feeders)
vi 48V DCDB Set 2
CONTROL & RELAY
F
PANELS
1 220 kV (Simplex panels)
Control Panel for two bays
with All indicating meters/
multifunctions meters
1.1 Nos. 4
shall be communicable
type with 0.2 class
accuracy.
1.2 a) CB relay panel with A/R Nos. 4
CB relay panel without
1.2 b) Nos. 4
A/R
Line protection panel with
numerical distance
protection relays and earth
fault / overcurrent relays
complying to IEC 61850
1.3 Nos. 4
Protocal with optical fiber
ports sufficient DI/DO
ports for scheme with
additional 6 DI/DO Ports
for spare.

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Section XI –Price Schedule 323

Transformer protection
panel HV and LV sides)
with numerical differential
protecton relays with earth
fault/ over current relay
1.4 Nos. 2
complying to IEC 61850
Protocal with optical fiber
ports and sufficient DI/DO
for scheme with additional
6 DI/DO ports for spare.
Bus Bar Protection Panel (
will be integrated type and
1.5 Set 1
will have min. 4 zone with
numerical type relay)
Transfer bus coupler panel
with distance protection
1.6 Nos 1
relay scheme with all
relays
Time synchonization eqp.
1.7 Will have dual ethernet Set 1
with RJ 45 port
2 132 kV (Simplex Panels)
132KV Control, Relay &
2.1 Protection Panel (Simplex
Types Panels)
CB panel with BCU (Line
a) Nos. 5
and Transfer coupler)
CB panel with BCU
b) Nos. 2
(Transformer)
132 KV line (with A/R)
with numerical distance
protection relays and earth
fault / overcurrent relays
complying to IEC 61850
Protocal with optical fiber
ports sufficient DI/DO for
C) Nos. 4
scheme with additional 6
DI/DO for spare. All
indicating meters/
multifunctions meters
shall be communicable
type with 0.2 class
accuracy.

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Section XI –Price Schedule 324

132/33 KV Transformer
(without A/R) with
numerical differential
protection relays and earth
fault / overcurrent relays
D) Nos. 2
complying to IEC 61850
Protocal with optical fiber
ports sufficient DI/DO for
scheme with additional 6
DI/DO for spare.
132 kV TBC (with A/R)
with numerical distance
protection relays and earth
fault / overcurrent relays
complying to IEC 61850
Protocal with optical fiber
ports sufficient DI/DO for
E) Nos. 1
scheme with additional 6
DI/DO for spare. All
indicating meters/
multifunctions meters
shall be communicable
type with 0.2 class
accuracy.
Transformer ( CB relay
F) Nos. 2
Panel without A/R )
33 KV CONTROL &
3
RELAY PANELS
33 kV Panels (Duplex)
Control, Relay &
Protection Panel for
Line with numerical type
E.F & O/C relays
a) Nos. 2
complying to IEC 61850
protocol
FOTE Fiber Optic
Terminal Equipment
based communication
system for all 220KV
G and 132KV Terminal Lot 1
lines including spare
bay, approach cable,
RTU Communication
Modules, interfacing

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Section XI –Price Schedule 325

with SLDC (for speech +

protection and for
speech + data),
PDH/SDH etc all
complete along with for
GSS end
BATTERIES (VRLA
H
TYPE)
1.1 250 V
a) 500 AH Sets. 2
1.2 48 V
a) 500 AH Sets. 2
BATTERY CHARGER
I
SYSTEM chloride
250 V, 60A/50A Float and
1.1 Nos. 2
float Cum Boost Charger
48 V, 60A/50A Float and
1.2 Nos. 2
float Cum Boost Charger
FIRE PROTECTION
J
SYSTEM
Portable Fire
1.1
Extinguishers
a 4.5 Kg DCP Type Nos. 20
b 4.5 Kg CO2 Type Nos. 15
c 22.5 Kg CO2 type Nos. 10
d 12 Fire buckets with stand LS 5
Complete pumping
arrangement for HVWS
system & hydrant system,
complete with all piping,
valves, fittings, etc. inside
1.2 Set 4
pump house. (Pump house
separate from control
room as well as water
storage tank to be
constructed)

1.3 Smoke detection system Set 3

with all accessories and

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Section XI –Price Schedule 326

fittings
Hydrant system with
complete U/G & O/G
piping & accessories etc.
(all items) out side the
Pump House. Hydrant
1.4 Set 1
system shall cover the
switchyard area,
Transformers, control
room, Stores etc. as per
tender specification.
Complete HVW spray
system with complete O/G
& U/G piping and
accessories etc. (all items)
with all required materials
1.5 LS 1
and equipments out side
the pump house for 200
MVA, 2 Nos,220/132/33
KV power transformers
as per tender specification.
ILLUMINATION
K
SYSTEM
CONTROL ROOM
L
BUILDING:
1 Lighting Panel
Lighting Panel (Indoor)
a Type ACP-1 as per Tech. Nos. 2
Specification
Lighting Panel (Indoor)
b Type DCP as per Tech. Nos. 1
Specification
Lighting fixtures and
receptacles (including
accessories/ materials etc.
as per requirement like
2 junction box, cable/wires,
flexible conduits (if
required) from junction
box to lighting fixtures,
mounting arrangements)
a Lighting fixture Type- F1 Nos. 50

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Section XI –Price Schedule 327

as per Tech. Specification

Lighting fixture Type- FF:
b Nos. 100
as per Tech. Specification
Lighting fixture Type- IF:
c Nos. 30
as per Tech. Specification
Lighting fixture Type- FB:
d Nos. 30
as per Tech. Specification
Lighting fixture Type- PF:
e Nos. 5
as per Tech. Specification
5/15 A, 240V: Indoor
f Receptacles 3 pin type Nos. 20
(type RI)
15A, 240V: Out door
g receptacles 2 pole, 3 pin Nos. 2
type (Type RO)
63A, 415V : Interlocked
h switch socket outdoor Nos. 2
Receptacles (Type RP)
3 Switchboards
Modular switch board
with 4 nos. 5Amp.
a Nos. 10
Switches and 1 no. 5/15
Amp. receptacles
Modular switchboard with
b Nos. 10
6 nos. 5Amp. Switches
Modular switchboard with
c Nos. 10
2 nos. 5Amp. Switches
Modular switchboard with
d Nos. 5
6 nos. 32 Amp MCB
Modular switchboard with
e Nos. 5
1 no. 32 Amp. MCB
4 Ceiling fans
1400 mm sweep with
a Nos. 28
electronic step regulator
Exhaust fans (16')
5 Nos. 10
Industrial Type
Wall mounted fans 400
6 Nos. 2
mm sweep

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Section XI –Price Schedule 328

7 Conduits & wires

Heavy duty PVC conduits
as of 20/25/32 mm size
complete with all
accessories for point
wiring for Light points,
Fans power points 5/15
amps. With 2.5 sq.mm/4
a mm2/6.0 mm2 copper for LS 1
circuit wiring and 1.5
mm2 copper earth wire
PVC insulated in green
color including wiring for
submains i.e. wiring from
Lighting panel to switch
board.
Wiring from lighting panel
to switch boards, from
switchboard to junction
boxes for light points with
2.5/4.0/6.0 mm2 copper
b wire as per technical LS 1
specification, complete in
all respect. 1.5 mm2
copper wire (green) will
be used for earthing inside
conduits
c Telephone sockets
Single socket outlet
c.1 Nos. 10
comprising RJ-11 socket
Dual socket outlet
c.2 Nos. 5
comprising RJ-45 socket
EPAX (24/8) with 24
c.3 Set 1
telephones
Junction boxes with 4 nos.
of terminal blocks for
8 indoor lighting excluding Nos. 2
junction box supplied
alongwith lighting fixture
Lighting Transformer 630
9 kVA, 33/0.433KV LT Nos. 2
Transformer with oil ,
accessories and as per

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Section XI –Price Schedule 329

Tech. Specification.
Self supported aluminium
10 ladder as per technical Nos. 3
specification
Air Conditioning System
11 (as per technical
specification)
Air conditioning of control
room building with high
(a) wall type 5 star rated split Nos. 50
air conditioner unit of 2
TR capacity with stabilizer
L ii FFPH Building
Lighting fixtures and
receptacles (including
accessories/ materials etc.
as per requirement like
1 junction box, cable/wires,
flexible conduits (if
required) from junction
box to lighting fixtures,
mounting arrangements)
Lighting fixture Type- F1:
a Nos. 25
as per Tech. Specification
Lighting fixture Type- IF:
b Nos. 7
as per Tech. Specification
Lighting fixture Type- FB:
c Nos. 12
as per Tech. Specification
Lighting fixture Type- PF:
d Nos. 3
as per Tech. Specification
5/15 A, 240V: Indoor
e Receptacles 3 pin type Nos. 5
(type RI)
2 Switchboards
Modular switch board
with 4 nos. 5Amp.
a Nos. 7
Switches and 1 no. 5/15
Amp. receptacles
Modular switchboard with
b Nos. 5
6 nos. 5Amp. Switches

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Section XI –Price Schedule 330

Modular switchboard with

c Nos. 5
2 nos. 5Amp. Switches
3 Ceiling fans 5
1400 mm sweep with
a Nos. 2
electronic step regulator
Exhaust fans (16')
4 Nos. 4
Industrial Type
Wall mounted fans 400
5 Nos. 4
mm sweep
6 Conduits & wires
Heavy duty PVC conduits
as of 20/25/32 mm size
complete with all
accessories for point
wiring for Light points,
Fans power points 5/15
amps. With 2.5 sq.mm/4
a mm2/6.0 mm2 copper for LS 1
circuit wiring and 1.5
mm2 copper earth wire
PVC insulated in green
color including wiring for
submains i.e. wiring from
Lighting panel to switch
board.
Wiring from lighting panel
to switch boards, from
switchboard to junction
boxes for light points with
2.5/4.0/6.0 mm2 copper
b wire as per technical Lot 1
specification, complete in
all respect. 1.5 mm2
copper wire (green) will
be used for earthing inside
conduits
Junction boxes with 4 nos
of terminal blocks for
indoor lighting excuding
7 Nos. 2
junction box supplied
alongwith lighting
fixtures.

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Section XI –Price Schedule 331

Outdoor lighting
L. III (Switchyard and street
lighting)
1 Lighting panel
Lighting panel (Outdoor)
a Nos. 8
Type ACP - 2
Lighting panel (Outdoor)
b Nos. 3
Type ACP - 3
Lighting fixtures and
receptacles (including
accessories/ materials etc.
as per requirement like
2 junction box, cable/wires,
flexible conduits (if
required) from junction
box to lighting fixtures,
mounting arrangements)
Lighting fixture Type-
a SF1: as per Tech. Nos. 20
Specification
Lighting fixture Type-
b SF2: as per Tech. Nos. 30
Specification
Lighting fixture Type-
c MP: as per Tech. Nos. 6
Specification
Lighting fixture Type- SC:
d Nos. 35
as per Tech. Specification
15A, 240V : Outdoor
e receptacles 2 pole, 3 pin Nos. 10
type (Type RO)
63A, 415V: Interlocked
f switch socket outdoor Nos. 10
receptacles (Type RP)
3 Lighting poles Type A1 Nos. 50
4 Lighting poles Type E1 Nos. 20
Cart wheel mounted
5 aluminium ladder as per Nos. 1
Tech. Specification
L-IV Diesel Generator Set along Set 1

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Section XI –Price Schedule 332

with Control Panel (250

KVA)
Cables alongwith
associated accessories
M
like clamps, glands, lugs
and straight joints etc.
Power cables (XLPE) 1.1
1.1
kV
a 1C X 630 mm2 Lot 1
b 3.5C X 300 mm2 Lot 1
c 3.5C X 150 mm2 Lot 1
d 1C X 150 mm2 Lot 1
Power cables (PVC) 1.1
1.2
kV
a 3.5C X 70 mm2 Lot 1
b 3.5C X 35 mm2 Lot 1
c 4C X 16 mm2 Lot 1
d 4C X 6 mm2 Lot 1
e 2C X 6 mm2 Lot 1
Control cable (PVC) 1.1
1.3
kV
a 2C X 2.5 mm2 Lot 1
b 3C X 2.5 mm2 Lot 1
c 5C X 2.5 mm2 Lot 1
d 7C X 2.5 mm2 Lot 1
e 10C X 2.5 mm2 Lot 1
f 14C X 2.5 mm2 Lot 1
g 19C X 2.5 mm2 Lot 1
h 27C X 2.5 mm2 Lot 1
Materials for earthing
mat with all materials
and accessories as well as
N spikes as per
requirement of design as
per IEEE standards for
complete earthing of grid

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Section XI –Price Schedule 333

Sub-Station with the

followings. (The quantity
is tentative and final
quantity will depend on
actual design):-
40 mm MS rod for main
1 earth mat including treated MT 65
chemical type earthpits.
75x12 mm G.I Flats for
2 risers for equipments, MT 55
columns and structures
50x6 mm G.I flats for
3 risers for all other MT 50
equipments etc.
Materials for Earthing pits
with supply of all earthing
4 LS 1
materials including base
plate.
Sub- Station galvanized
Steel structure (220 kV,
132 KV ) (The quantity
O
is tentative and final
quantity will depend on
actual design):-
Lattice structure with
1 MT 470
fasteners etc.
Standard structure for
2 equipment support (other MT 210
than CB)
Mandatory spares (As
P
per Tech, Specification)
220/132 kV, 200 MVA
1 LS 1
Transformer
2 220 kV CB LS 1
3 132 kV CB LS 1
4 220 kV Isolator LS 1
5 132 kV Isolator LS 1
220 kV CT, 1600A, 120%
6 Nos. 3
extended current rating

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Section XI –Price Schedule 334

220 kV CT, 1600A, 150%

7 Nos. 3
extended current rating
132 kV CT, 1200A, 120%
8 Nos. 3
extended current rating
132 KV CT 600A 120%
9 Nos. 3
extended
10 220 kV CVT, 4400 pF Nos. 3
11 132 kV CVT, 8800 pF Nos. 3
12 216 kV surge arrester Nos. 3
13 120 kV surge arrester Nos. 3
14 C&R Panels LS 1
15 PLCC LS 0
16 Batteries (250V & 48V) LS 1
Battery Charger (250 V &
17 LS 1
48 V)
18 DG Set LS 1
19 LT Switchgear LS 1
20 Fire fighting System LS 1
21 Erection Hardware LS 1
26 Illumination LS 1
Maintenance & Testing
equipment for CB and
transformer comprising
Q
of the following
equipments:(As per Tech
Specification)
BDV Test kit (2.5/4 mm) -
1 100 KV Microprocessor No. 1
based (reputed make)
Mobile switchyard
equipment testing
van(having all equipment
2. Nos 1
from single OEM, they
should function in
integrated way altogether)
Digital multimeter (3½
3 No. 1
digit)

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Section XI –Price Schedule 335

Oil sampling bottle

4 No. 2
(Stainless steel)
Portable SF6 gas refilling
5 No. 1
device
Dew point kit for SF6 gas.
6 No. 1
(reputed make)
SF6 gas evacuating,
7 No. 1
filtering and drying plant
Transformer oil filtration
plant (4 KL / Hr. capacity)
8 No. 1
complete with all
accessories
Circuit breaker analyser
9 No. 1
(reputed make)
Primary current injection
10 No. 1
kit ((reputed make)
Secondary current
11 No 1
injection kit
Relay operation timer
12 No. 1
(reputed make)
13 Selective level meter No. 1
14 Selective level generator No. 1
Distance to fault locator
(off line) with Signature
15 Analyzer Set 1
System suitable for 66 KV
to 400 KV EHT line.
Tongue tester/ Clamp
16 Nos 1
meter (Range 10-1000A)
Tongue tester (Range
17 Nos 1
10mA-10A)
Thermovision Camera
18 High end (640 x 480 Nos 1
Pixel)
19 DC Earth Fault Locator Nos 1
Galvanised Cable Racks
R as per design MT 25
requirement.

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Section XI –Price Schedule 336

Sub- Station automation

system comprising of
necessary equipments &
materials wth
networking and
interfacing, complete in
all respect (Break up of
item to be given by
S LS 1
contractor in technical
data sheet with Part-I of
the tender)whereever
applicable, the
communication protocol
shall be preferably
IEC61850 along with
system furniture etc.
T Overhead shielding
Overhead shielding
against lightning by
galvanized steel wires and
i. fittings as per requirement LS 1
and design (excluding
lighting cum lightning
mast)
Lighting cum lightning
ii. Sets. 6
masts as per design
CIVIL WORKS (as per
U
specification)
Air condltioning System
1 as per technical
Specification.
a Switchyard panel Room
i 220 KV (2 nos.) L.S. 1
ii 132 KV (3 nos.) L.S. 1
TOTAL
Bidder Name :

Bidder
Signature:

NOTE

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Section XI –Price Schedule 337

1. All rates and prices shall be specified in Rs. only in accordance with ITB 18
2. a). The bid price for (i) the items for which quantities have been indicated as lump sum or lot or set
and/or (ii) where the quantities are to be estimated by the Bidder shall remain constant unless there is
change made in the Scope of Work by Employer and / or for price variation relating to price
adjustment provisions. The quantities and unit prices (i) subsequently arrived while approving
the Bill of Quantities (BOQ) /Billing breakup of lump sum quantities/lot/Set and/or (ii) estimated by the
bidder shall be for on account payment purpose only. In case additional quantities, over and above
the quantities BOQ/billing breakup and /or estimated by the bidder, are required for successful
completion of the scope of work as per Technical Specification, the Bidder shall execute additional
quantities of these items for which no additional payment shall be made over and above the lump
sum bid price. In case quantities of these items supplied at site are in excess of that required for
successful completion of scope of work, such additional quantities shall be the property of the
bidders and they shall be allowed to take back the same from the site for which no deduction from the
lump sum bid price shall be made. Further, in case actual requirement of quantities for successful
completion of scope of work is less than the quantities identified in the approved BOQ /billing breakup
and/or estimated by the bidder, the lump sum bid price shall remain unchanged and no deduction
shall be made from the lump sum price due to such reduction of quantities.
b) Items for whicch no rate or price has been entered in, will not be paid for by the employer when
executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.
3. Bidder to consider the GST rate as applicable.
4. For all main Equipment (Transformer, Current Transformer, CVT/VT. Surge Arrestor, Circuit
Breaker,Isolator,Cable,etc.) to be procured, Contractor shall provide Type Test Certificate conducted
within last 5-yrs.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 338

SCHEDULE - 2 (B) : Supply and Mandatory Spare Parts : 2 Nos of 132 KV Bays at
132/33 KV Grid Sub Station Dhalbhumgarh
Schedule of Quantity & Prices for
Design,Engineering, Supply, Installation, Testing & Commissioning of 2 Nos of
132 KV Bays at 132/33 KV Grid Sub Station Dhalbhumgarh
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24

Total Total
Item Unit Price GST Price
GST
Sl. No. Descriptio Unit Qty Price (Rs.) Amount (Rs.)
Rate
n (Rs.) without (Rs) with
GST GST

(4x5) % (6x7) (6+8)

1 2 3 4 5 6 7 8 9
A 132KV Bays
A-1 Circuit
Breaker
1250A, 31.5 Nos. 2
KA SF6 CB
with support
Structure.
Marshalling
boxes,
terminal
connectors
etc.(current
rating shall
be equal to
the current
rating for
which the
short circuit
test reports
shall be
furnished)
(spring-
spring)

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 339

A-2 Current
Transforme
r

132KV CTs Nos. 6

1 Ph 600-
300-150/1A,
5 core 120%
thermal
rating,
31.5KA with
120%
extended
current rating
with
marshalling
boxes,
terminals
connectors
etc.,
Accuracy
Class 0.2S
A-3 Isolators (3
phase), with
solid core
insulators
marshalling
boxes,
terminal
connectors(
motor
operated)
with moving
contact of
HDEC
copper only
a Isolator set 5
without E/S,
3 Ph, 1250A
31.5KA
Double

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 340

Break

b Isolator with set 2

one E/S,
3Ph, 1250A
31.5 KA
Double
Break
A-4 132KV, Nos. 6
8800pF,
10KA 3-
winding,
single Phase
Feeder CVT
(accuracy
class 0.2S)
with
marshalling
boxes,
terminals
connectors
etc.
A-5 132KV, 3- Nos. 6
winding,
single phase
potential
Transformer
(accuracy
class 0.2S)
with
marshalling
boxes,
terminals
connectors
etc.
A-6 120KV LA Nos. 9
(1Ph), Class
III with
marshalling
boxes,
terminals
connectors
etc.

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Section XI –Price Schedule 341

A-8 132KV Nos. 36

Solid core
BPI
A-9 132KV grade km 0.50
1xC
630sqmm
XLPE
insulated
copper as per
technical
specification
.
A-10 Cable Nos. 12
termination
as per
technical
specification
for
interconnecti
on with
overhead
transmission
line for
132kv cable
(including
support
insulators)
A-11 OPGW

UGFO
Cabling
(a) 2/3/4 way Nos. 2
joint box (48
Fiber)
including
coiling
bracket as
per
requirment
for looping
/coiling of 30
meters of
cable as per
technical
requirement

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Section XI –Price Schedule 342

A-12 PLB HDPE km 1

pipe O.D
40mm
including
accessories
as per
technical
specification
A-13 FODP 48 F Nos. 4
indoor type ,
rack
mounted
with FCPC
Coupling and
pigtails
A-14 Fiber optic
approach
Cable
including
Harware set
(like
ties,clips,
cleats,
conduits,
ducts
supports,
fittings.
(a) 24 Fibre KM 1
(DWSM)
(b) Hardware set set 2
for 24 Fiber
optic
approach
cable.
A-15 Optical cards
(a) L4.2 NO. 4

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 343

A-16 Patch Cards no. 8

(Lcto
LC/FC/PC)ty
pe 10mtrs
lenght

A-17 VOIP set 2

telephone
with licence
of existing
exchange
A-18 Erection
Hardware
(Insulator
strings
antifog type
and
hardware,
spacers,
conductors(
S), bus bar
materials,
cable trays,
bay MB,
clamps,
connectors
including,
Junction
box, PVC
pipes for
equipments
and lighting,
all
accesories
etc. for the
following(m
ain bus shall
be Quad
moose
conductor
and transfer

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 344

shal be
strung with
double
moose
conductor)
and
hardware,
conductor/
Bus Bar
Materials,
CT/CVT
JB, BMK,
Equipments
, connectors,
cable tray/
cable rack/
cable rack,
Buried
cable,
Trench and
other
miscellaneo
us items)
a 132KV Line set 2
Feeder Bay
b BUS for five set 1
nos. Of Bays
for Transfer
BUS ( 2 bays
for now and
three bays
for future
extension)
A-19 Control &
Relay
panels
a 132KV Line Nos. 2
Duplex C&R
Panel (with
auto
reclosure)
with
numerical
distance
protection

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 345

and earth
fault/overcur
rent relay
compiling to
IEC 61850
protocol with
optical fibre
ports
sufficient
DI/DO
scheme with
additional 6
DI/DO for
Spare.All
indicating
meters/multif
unctions
meters shall
be
communicab
le type with
0.5 class
accuracy
B-1
BATTERIE
S,
BATTERY
CHARGER
a 48V DCDB set 1
B-2 BATTERIES
(Dry Cell)
a 48Volt set 1
300AH
B-3 BATTERY
CHARGER

a 48 Volt, set 1
30/20A
Fload and
Float cum
Boost
Charger
C CABLES
along with

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 346

associated
accessries
like clamps,
glands, lugs
and straight
joints etc.
C-1 Power
Cable
(XLPE)
1.1KV
a 3.5C x 150 KM 1
sq mm
b 3.5C x 95 sq KM 1
mm
c 1C x 150 sq KM 2
mm
C-2 Power
Cable
(PVC)
1.1KV
a 3.5 X 35 sq KM 2
mm
b 4C x 16 sq KM 1
mm
c 4C x 6 sq KM 1
mm
d 2C x 6 sqmm KM 1

C-3 Control
Cables
(PVC)
1.1KV
a 2C x 2.5 sq KM 2
mm

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 347

b 3C x 2.5 sq KM 1
mm

c 5C x 2.5 KM 2
sqmm
d 7C x 2.5 sq KM 1
mm
e 10C x 2.5 KM 1
sqmm
f 14C x 2.5 sq KM 1
mm
g 19C x 2.5 sq KM 2
mm
D 40mm MS MT 20
rod for
Main
Earthmat
E Treated Nos. 12
Earthpit
F Steel
Structures
Galvanized Lot 1
Gantry
structures,
equipment
support
structure,
riser for
earth mat
and nuts &
bolts with
fasteners for
132KV
G Civil Works

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 348

H MANDATO Lot 1
RY SPARES
TOTAL
Bidder Name :

Bidder Signature:

NOTE
1. All rates and prices shall be specified in Rs. only in accordance with ITB 18
2. a). The bid price for (i) the items for which quantities have been indicated as lump sum or lot or set
and/or (ii) where the quantities are to be estimated by the Bidder shall remain constant unless there is
change made in the Scope of Work by Employer and / or for price variation relating to price
adjustment provisions. The quantities and unit prices (i) subsequently arrived while approving
the Bill of Quantities (BOQ) /Billing breakup of lump sum quantities/lot/Set and/or (ii) estimated by the
bidder shall be for on account payment purpose only. In case additional quantities, over and above
the quantities BOQ/billing breakup and /or estimated by the bidder, are required for successful
completion of the scope of work as per Technical Specification, the Bidder shall execute additional
quantities of these items for which no additional payment shall be made over and above the lump
sum bid price. In case quantities of these items supplied at site are in excess of that required for
successful completion of scope of work, such additional quantities shall be the property of the
bidders and they shall be allowed to take back the same from the site for which no deduction from the
lump sum bid price shall be made. Further, in case actual requirement of quantities for successful
completion of scope of work is less than the quantities identified in the approved BOQ /billing breakup
and/or estimated by the bidder, the lump sum bid price shall remain unchanged and no deduction
shall be made from the lump sum price due to such reduction of quantities.
b) Items for whicch no rate or price has been entered in, will not be paid for by the employer when
executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.
3. Bidder to consider the GST rate as applicable.
4. For all main Equipment (Transformer, Current Transformer, CVT/VT. Surge Arrestor, Circuit
Breaker,Isolator,Cable,etc.) to be procured, Contractor shall provide Type Test Certificate conducted
within last 5-yrs.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 349

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 350

SCHEDULE-3 : Design Services : 220/132 kV Jadugoda SUBSTATION and 2 Nos

of 132 KV Bays at 132/33 KV Grid Sub Station Dhalbhumgarh
Schedule of Quantity & Prices for
Design,Engineering, Supply, Installation, Testing & Commissioning of 220/132 kV
Jadugoda SUBSTATION and 2 Nos of 132 KV Bays at 132/33 KV Grid Sub Station
Dhalbhumgarh
Bid Inviting Authority: General Manager, Contracts & Materials, MultiLateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24

Total Total
Unit Price GST Price
Sl. GST
Item Description Unit Qty Price (Rs.) Amoun (Rs.)
No. Rate
(Rs.) without t (Rs) with
GST GST

(4x5) % (6x7) (6+8)

1 2 3 4 5 6 7 8 9
DESIGN ENGINEERING charges shall be included in the other schedules. Separate payment
shall not be done
Engineering Design
(220/132 kV
Jadugoda
SUBSTATION
1 and 2 Nos of 132 LOT 1
KV Bays at
132/33 KV Grid
Sub Station
Dhalbhumgarh)

TOTAL 0.00 0.00 0.00

Bidder Name :

Bidder
Signature:

NOTE
1. All rates and prices shall be specified in Rs. only in accordance with ITB 18
2. Bidder to consider the GST rate as applicable.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 351

SCHEDULE - 4(A) : Installation and Other Services : 220/132 kV Jadugoda

SUBSTATION
Schedule of Quantity & Prices for
Design,Engineering, Supply, Installation, Testing & Commissioning of 220/132 kV
Jadugoda SUBSTATION
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24
Transport Total
and Price
Insurance (Rs.)
Total Transport with GST with
Unit Price GST and GST
GST
Sl. No. Item Description Unit Qty Price (Rs.) Amount Insurance
Rate
(Rs.) withou (Rs) without
t GST GST

(6+8
(4x5) % (6x7)
+10)
1 2 3 4 5 6 7 8 9 10
PART-
ELECTRICAL
A
A TRANSFORMER
A1 Power Transformer
200 MVA Three phase
power Transformer
220/132/33 KV Auto
Transformer Complete
with all accessories,
Nos
1 marshaling boxes, 2
.
terminal connectors
etc. with NIFPS with
10% additional
Transformer Oil of
same quality

A2 LT Transformer
630 KVA 33/0.433KV
LT SUBSTATION
TRANSFORMER with
1 oil,accessories and Nos 2
terminal connectors with .
10%extra oil.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 352

B1 220kV EQUIPMENTS
Circuit breaker (3
1
phase)
2500 A, 40 kA SF6 CB
with support structure,
marshalling boxes,
terminal connectors
etc.(current rating shall
be equal to the current
i) rating for which the short Set 8
cuircuit test reports shall
be furnished. (Spring-
Spring Mechanism )
(spring- spring )

ISOLATORS (3 phase),
with solid core
insulators, marshalling
boxes, terminal
2 connectors (Motor
Operated) with moving
contact of HDEC copper
only.
1600 A, 40 kA with two
i) earth switch (Double Set 9
break Isolator)
1600 A, 40 kA with one
ii) earth switch (Double Set 8
break Isolator)
1600 A, 40 kA without
earth switch (Double
iii) break Isolator) (Tandem Set 14
arrangement)
2500 A, 40 kA with two
iv) earth switch (Double Nos 2
break Isolator) .

CURRENT
TRANSFORMER 5 Core
(1 phase) WITH
3 MARSHALING BOXES
TERMINAL
CONNECTORS
i) 1600-800-400-200/1-1-1- Nos 27

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Section XI –Price Schedule 353

1-1 A, 120% extended

current rating, 40 kA, 0.2
class 5 core
220 KV CVT 4400 pF
CVTs (1 phase) for phase
4 to phase coupling with all Nos 21
accessories, terminal .
connectors etc.
216 kV Surge Arresters
5 (1 phase) class-III with Nos 18
terminal connectors. .

Portable discharge rods Nos

6 6
.

ERECTION
B2 HARDWARE (220 kV)

Erection Hardware
1.1
(Without BPI)
Insulator strings antifog
type & hardware,
spacers, conductor (S),
Bus bar material,
galvanised cable trays/
cable rack, bay MB,
Clamps, Connectors
including, Junction
box,PVC pipes for
equipment and lighting,
all accessories etc. for the
following (The main I &
main II buses shall be of
quad Moose ACSR
Conductor & TBC as
well as Bus Coupler will
be of double Moose
conductor.
220 kV, Double Main &
Transfer bus type
i Line bay Set 4
ii Transformer bay Set 2
iii TBC Set 1

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 354

iv BC Bay Set 1
Bus Extension for 10
Bays (one no each for
v
main I, main II & trasfer Set 3
bus)
220 kV Solid Core, Bus
post Insulators (including Nos
1.2 115
requirement for wave .
trap)

132 kV EQUIPMENT
C1

Circuit Breaker (3
1
Phase)

1 Circuit breaker (3 phase)

1600 A, 31.5 kA SF6 CB

with support structure,
marshalling boxes,
terminal connectors
etc.(current rating shall
i) Set 7
be equial to the current
rating for which the short
cuircuit test reports shall
be furnished.) (Spring-
Spring )
ISOLATORS (3 phase),
with solid core
insulators, marshaling
boxes, terminal
2
connectors (Motor
Operated) with moving
contact of HDEC copper
only.
1600 A, 31.5 kA with
i) one earth switch (Double Set 6
break Isolator)
1600A, 31.5 kA without
ii) earth switch (Double Set 8
break Isolator)

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 355

1600 A, 31.5 kA without

earth switch (Double Nos
iii) 7
break Isolator)(Tandem .
arrangement)
2000 A, 31.5 kA without
earth switch (Double Nos
iv) 2
break high level beam .
mounted Isolator)
Portable discharge rods ( Nos
3 6
1 phase) .
Current Transformers 5
4
core (1 phase)
1200 -600-300-150/1-1-
1-1-1 A, 5 core 0.2S class
,31.5 kA with 120% Nos
i) 21
extended current rating .
with marshalling boxes,
terminal connectors etc.
8800 pF CVTs (1 phase)
5 with marshalling boxes, Nos 15
terminal connectors etc . .

120 kV Surge arresters

class-III ( 1 phase) with
6
marshalling boxes, Nos 18
terminal connectors etc.
C2
ERECTION
1.1
HARDWARE (132 kV)
Insulator strings antifog
type & hardware,
spacers, conductor (S),
Bus bar material,
galvanised cable
trays/Cable rack, bay
MB, Clamps,
1 Connectors including,
Junction box,PVC
pipes for equipment
and lighting, all
accessories etc. for the
following (main bus
shall be of quad Moose
conductor and transfer

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 356

bus shall be strung

with double Moose
conductor)

132 kV Main & Transfer

bay
i Line bay Set 4
ii Transformer bay Set 2
iii TBC Bay Set 1
Bus for 8 bays (One for
iv main bus & another for Nos 2
transfer bus) .

132 kV Solid Core, Bus

1.2 post Insulators for 53
erection hardware
D 33 kV EQUIPMENT
1 Circuit Breaker (3 Phase)
1600 A, 25KA Vacume
CB with support
structure, marshalling
boxes, terminal
connectors etc. (current
i) rating shall be equail to set 2
the current rating for
which the short circuit
test report shall be
furnished) (Spring-
Spring)
ISOLATORS (3 phase),
with solid core
insulators, marshalling
2 boxes, terminal
connectors (Manually
operated) with moving
contact of HDEC copper

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 357

only.
1600 A, 25 kA without
i) earth switch (Double set. 2
break Isolator)
1200A, Horn gap fuse ( 1
ii) Nos 6
phase)
Current Transformers (1
3
phase)
600-300-150/1 A, 5 core
0.2 class 25 kA with
120% extended current
i)
rating with marshalling set. 6
boxes terminal
connectors
30 kV Surge arresters
class 3 ( 1 phase) with
4
marshalling boxes set. 6
terminal connectors
33 kV Solid core Bus
5 post Insulators for set. 6
erection hardware
E LT Switchgear
415 V Main switch
i Set 2
Board
415 V ACDB (no of
feeders shall be asper the
ii requirement of the Set 2
project plus 20% extra
feeders)
iii 415V MLDB Set 2
iv 415V Emergency LDB Set 2
250V DCDB (no of
feeders shall be asper the
v requirement of the Set 2
project plus 20% extra
feeders)
vi 48V DCDB Set 2
CONTROL & RELAY
F
PANELS

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 358

1 220 kV (Simplex panels)

Control Panel for two
bays with All indicating
meters/ multifunctions Nos
1.1 4
meters shall be .
communicable type with
0.2 class accuracy.
Nos
1.2 a) CB relay panel with A/R 4
.
CB relay panel without Nos
1.2 b) 4
A/R .
Line protection panel
with numerical distance
protection relays and
earth fault / overcurrent
relays complying to IEC
Nos
1.3 61850 Protocal with 4
.
optical fiber ports
sufficient DI/DO ports
for scheme with
additional 6 DI/DO Ports
for spare.
Transformer protection
panel HV and LV sides)
with numerical
differential protecton
relays with earth fault/
over current relay Nos
1.4 2
complying to IEC 61850 .
Protocal with optical
fiber ports and sufficient
DI/DO for scheme with
additional 6 DI/DO ports
for spare.
Bus Bar Protection Panel
( will be integrated type
1.5 and will have min. 4 zone Set 1
with numerical type
relay)
Transfer bus coupler
panel with distance
1.6 Nos 1
protection relay scheme
with all relays

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 359

Time synchonization eqp.

1.7 Will have dual ethernet Set 1
with RJ 45 port
132 kV (Simplex
2
Panels)
132KV Control, Relay &
2.1 Protection Panel
(Simplex Types Panels)
CB panel with BCU
Nos
a) (Line and Transfer 5
.
coupler)
CB panel with BCU Nos
b) 2
(Transformer) .
132 KV line (with A/R)
with numerical distance
protection relays and
earth fault / overcurrent
relays complying to IEC
61850 Protocal with
optical fiber ports
Nos
C) sufficient DI/DO for 4
.
scheme with additional 6
DI/DO for spare. All
indicating meters/
multifunctions meters
shall be communicable
type with 0.2 class
accuracy.
132/33 KV Transformer
(without A/R) with
numerical differential
protection relays and
earth fault / overcurrent
Nos
D) relays complying to IEC 2
.
61850 Protocal with
optical fiber ports
sufficient DI/DO for
scheme with additional 6
DI/DO for spare.
132 kV TBC (with A/R)
with numerical distance Nos
E) protection relays and 1
.
earth fault / overcurrent
relays complying to IEC

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 360

61850 Protocal with

optical fiber ports
sufficient DI/DO for
scheme with additional 6
DI/DO for spare. All
indicating meters/
multifunctions meters
shall be communicable
type with 0.2 class
accuracy.
Transformer ( CB relay Nos
F) 2
Panel without A/R ) .
33 KV CONTROL &
3
RELAY PANELS
33 kV Panels (Duplex)
Control, Relay &
Protection Panel for
Line with numerical type
E.F & O/C relays Nos
a) 2
complying to IEC 61850 .
protocol
FOTE Fiber Optic
Terminal Equipment
based communication
system for all 220KV
and 132KV Terminal
lines including spare
bay, approach cable,
G RTU Communication Lot 1
Modules, interfacing
with SLDC (for speech
+ protection and for
speech + data),
PDH/SDH etc all
complete along with for
GSS end
BATTERIES (VRLA
H
TYPE)
1.1 250 V
Sets
a) 500 AH 2
.
1.2 48 V

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Section XI –Price Schedule 361

Sets
a) 500 AH 2
.
BATTERY CHARGER
I
SYSTEM chloride
250 V, 60A/50A Float
Nos
1.1 and float Cum Boost 2
.
Charger
48 V, 60A/50A Float and Nos
1.2 2
float Cum Boost Charger .
FIRE PROTECTION
J
SYSTEM
Portable Fire
1.1
Extinguishers
Nos
a 4.5 Kg DCP Type 20
.
Nos
b 4.5 Kg CO2 Type 15
.
Nos
c 22.5 Kg CO2 type 10
.
12 Fire buckets with
d LS 5
stand
Complete pumping
arrangement for HVWS
system & hydrant
system, complete with all
piping, valves, fittings,
1.2 Set 4
etc. inside pump house.
(Pump house separate
from control room as
well as water storage
tank to be constructed)
Smoke detection system
1.3 with all accessories and Set 3
fittings
Hydrant system with
complete U/G & O/G
piping & accessories etc.
1.4 (all items) out side the Set 1
Pump House. Hydrant
system shall cover the
switchyard area,

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Section XI –Price Schedule 362

Transformers, control
room, Stores etc. as per
tender specification.
Complete HVW spray
system with complete
O/G & U/G piping and
accessories etc. (all
items) with all required
1.5 materials and equipments LS 1
out side the pump house
for 200 MVA, 2
Nos,220/132/33 KV
power transformers as
per tender specification.
ILLUMINATION
K
SYSTEM
CONTROL ROOM
L
BUILDING:
1 Lighting Panel
Lighting Panel (Indoor)
Nos
a Type ACP-1 as per Tech. 2
.
Specification
Lighting Panel (Indoor)
Nos
b Type DCP as per Tech. 1
.
Specification
Lighting fixtures and
receptacles (including
accessories/ materials etc.
as per requirement like
2 junction box, cable/wires,
flexible conduits (if
required) from junction
box to lighting fixtures,
mounting arrangements)
Lighting fixture Type- F1
Nos
a as per Tech. 50
.
Specification
Lighting fixture Type-
Nos
b FF: as per Tech. 100
.
Specification

c Lighting fixture Type- Nos 30

IF: as per Tech. .

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Section XI –Price Schedule 363

Specification
Lighting fixture Type-
Nos
d FB: as per Tech. 30
.
Specification
Lighting fixture Type-
Nos
e PF: as per Tech. 5
.
Specification
5/15 A, 240V: Indoor
Nos
f Receptacles 3 pin type 20
.
(type RI)
15A, 240V: Out door
Nos
g receptacles 2 pole, 3 pin 2
.
type (Type RO)
63A, 415V : Interlocked
Nos
h switch socket outdoor 2
.
Receptacles (Type RP)
3 Switchboards
Modular switch board
with 4 nos. 5Amp. Nos
a 10
Switches and 1 no. 5/15 .
Amp. receptacles
Modular switchboard
Nos
b with 6 nos. 5Amp. 10
.
Switches
Modular switchboard
Nos
c with 2 nos. 5Amp. 10
.
Switches
Modular switchboard
Nos
d with 6 nos. 32 Amp 5
.
MCB
Modular switchboard Nos
e 5
with 1 no. 32 Amp. MCB .
4 Ceiling fans
1400 mm sweep with Nos
a 28
electronic step regulator .
Exhaust fans (16') Nos
5 10
Industrial Type .
Wall mounted fans 400 Nos
6 2
mm sweep .

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7 Conduits & wires

Heavy duty PVC
conduits as of 20/25/32
mm size complete with
all accessories for point
wiring for Light points,
Fans power points 5/15
amps. With 2.5 sq.mm/4
a mm2/6.0 mm2 copper for LS 1
circuit wiring and 1.5
mm2 copper earth wire
PVC insulated in green
color including wiring for
submains i.e. wiring from
Lighting panel to switch
board.
Wiring from lighting
panel to switch boards,
from switchboard to
junction boxes for light
points with 2.5/4.0/6.0
b mm2 copper wire as per LS 1
technical specification,
complete in all respect.
1.5 mm2 copper wire
(green) will be used for
earthing inside conduits
c Telephone sockets
Single socket outlet Nos
c.1 10
comprising RJ-11 socket .
Dual socket outlet Nos
c.2 5
comprising RJ-45 socket .
EPAX (24/8) with 24
c.3 Set 1
telephones
Junction boxes with 4
nos. of terminal blocks
for indoor lighting Nos
8 2
excluding junction box .
supplied alongwith
lighting fixture
Lighting Transformer Nos
9 630 kVA, 33/0.433KV 2
.
LT Transformer with oil ,

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Section XI –Price Schedule 365

accessories and as per

Tech. Specification.
Self supported
Nos
10 aluminium ladder as per 3
.
technical specification
Air Conditioning System
11 (as per technical
specification)
Air conditioning of
control room building
with high wall type 5 star Nos
(a) 50
rated split air conditioner .
unit of 2 TR capacity
with stabilizer
L ii FFPH Building
Lighting fixtures and
receptacles (including
accessories/ materials etc.
as per requirement like
1 junction box, cable/wires,
flexible conduits (if
required) from junction
box to lighting fixtures,
mounting arrangements)
Lighting fixture Type-
Nos
a F1: as per Tech. 25
.
Specification
Lighting fixture Type-
Nos
b IF: as per Tech. 7
.
Specification
Lighting fixture Type-
Nos
c FB: as per Tech. 12
.
Specification
Lighting fixture Type-
Nos
d PF: as per Tech. 3
.
Specification
5/15 A, 240V: Indoor
Nos
e Receptacles 3 pin type 5
.
(type RI)
2 Switchboards
a Modular switch board Nos 7

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Section XI –Price Schedule 366

with 4 nos. 5Amp. .

Switches and 1 no. 5/15
Amp. receptacles
Modular switchboard
Nos
b with 6 nos. 5Amp. 5
.
Switches
Modular switchboard
Nos
c with 2 nos. 5Amp. 5
.
Switches
3 Ceiling fans 5
1400 mm sweep with Nos
a 2
electronic step regulator .
Exhaust fans (16') Nos
4 4
Industrial Type .
Wall mounted fans 400 Nos
5 4
mm sweep .
6 Conduits & wires
Heavy duty PVC
conduits as of 20/25/32
mm size complete with
all accessories for point
wiring for Light points,
Fans power points 5/15
amps. With 2.5 sq.mm/4
a mm2/6.0 mm2 copper for LS 1
circuit wiring and 1.5
mm2 copper earth wire
PVC insulated in green
color including wiring for
submains i.e. wiring from
Lighting panel to switch
board.
Wiring from lighting
panel to switch boards,
from switchboard to
junction boxes for light
b points with 2.5/4.0/6.0 Lot 1
mm2 copper wire as per
technical specification,
complete in all respect.
1.5 mm2 copper wire
(green) will be used for

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Section XI –Price Schedule 367

earthing inside conduits

Junction boxes with 4
nos of terminal blocks for
indoor lighting excuding Nos
7 2
junction box supplied .
alongwith lighting
fixtures.
Outdoor lighting
L. III (Switchyard and street
lighting)
1 Lighting panel
Lighting panel (Outdoor) Nos
a 8
Type ACP - 2 .
Lighting panel (Outdoor) Nos
b 3
Type ACP - 3 .
Lighting fixtures and
receptacles (including
accessories/ materials etc.
as per requirement like
2 junction box, cable/wires,
flexible conduits (if
required) from junction
box to lighting fixtures,
mounting arrangements)
Lighting fixture Type-
Nos
a SF1: as per Tech. 20
.
Specification
Lighting fixture Type-
Nos
b SF2: as per Tech. 30
.
Specification
Lighting fixture Type-
Nos
c MP: as per Tech. 6
.
Specification
Lighting fixture Type-
Nos
d SC: as per Tech. 35
.
Specification
15A, 240V : Outdoor
Nos
e receptacles 2 pole, 3 pin 10
.
type (Type RO)

f 63A, 415V: Interlocked Nos 10

switch socket outdoor .

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Section XI –Price Schedule 368

receptacles (Type RP)

Nos
3 Lighting poles Type A1 50
.
Nos
4 Lighting poles Type E1 20
.
Cart wheel mounted
Nos
5 aluminium ladder as per 1
.
Tech. Specification
Diesel Generator Set
L-IV along with Control Panel Set 1
(250 KVA)
Cables alongwith
associated accessories
M
like clamps, glands, lugs
and straight joints etc.
Power cables (XLPE) 1.1
1.1
kV
a 1C X 630 mm2 Lot 1
b 3.5C X 300 mm2 Lot 1
c 3.5C X 150 mm2 Lot 1
d 1C X 150 mm2 Lot 1
Power cables (PVC) 1.1
1.2
kV
a 3.5C X 70 mm2 Lot 1
b 3.5C X 35 mm2 Lot 1
c 4C X 16 mm2 Lot 1
d 4C X 6 mm2 Lot 1
e 2C X 6 mm2 Lot 1
Control cable (PVC) 1.1
1.3
kV
a 2C X 2.5 mm2 Lot 1
b 3C X 2.5 mm2 Lot 1
c 5C X 2.5 mm2 Lot 1
d 7C X 2.5 mm2 Lot 1
e 10C X 2.5 mm2 Lot 1

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Section XI –Price Schedule 369

f 14C X 2.5 mm2 Lot 1

g 19C X 2.5 mm2 Lot 1
h 27C X 2.5 mm2 Lot 1
Materials for earthing
mat with all materials
and accessories as well
as spikes as per
requirement of design
as per IEEE standards
N for complete earthing of
grid Sub-Station with
the followings. (The
quantity is tentative and
final quantity will
depend on actual
design):-
40 mm MS rod for main
earth mat including
1 MT 65
treated chemical type
earthpits.
75x12 mm G.I Flats for
2 risers for equipments, MT 55
columns and structures
50x6 mm G.I flats for
3 risers for all other MT 50
equipments etc.
Materials for Earthing
pits with supply of all
4 LS 1
earthing materials
including base plate.
Sub- Station galvanized
Steel structure (220 kV,
132 KV ) (The quantity
O
is tentative and final
quantity will depend on
actual design):-
Lattice structure with
1 MT 470
fasteners etc.
Standard structure for
2 equipment support (other MT 210
than CB)

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Section XI –Price Schedule 370

Galvanised Cable
R Racks as per design MT 25
requirement.
Sub- Station
automation system
comprising of necessary
equipments & materials
wth networking and
interfacing, complete in
all respect (Break up of
item to be given by
S contractor in technical LS 1
data sheet with Part-I
of the tender)whereever
applicable, the
communication
protocol shall be
preferably IEC61850
along with system
furniture etc.
T Overhead shielding
Overhead shielding
against lightning by
galvanized steel wires
i. and fittings as per LS 1
requirement and design
(excluding lighting cum
lightning mast)
Lighting cum lightning Sets
ii. 6
masts as per design .
CIVIL WORKS (as per
U
specification)
Foundation works for all
equipments & structures CU
1 6500
including transformers M
(furnish schedule)
Supply and placement of
MT 350
Reinforcement steel
Concrete road (including
all crossings) as per
2 approved drawing
including reinforcement
and concrete

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Section XI –Price Schedule 371

a Road 5.5 Mtr. Wide RM 500

b Road 3.75 Mtr. Wide RM 1300
Construction of new
cable trenches including
3 all types of crossing, RM 2600
cable trench covers
(RCC) as per design.
All civil works as per
drawing and
specification for the
4
following buildings
(Complete with
finishing):
Construction of
complete Control Room
Building (double storied )
of requisite size , with
floors as per
specification, Aluminium
doors and windows, glass
a) sqm 550
panels, lavatory,
provision for lifting
heavy equipment to first
floor, collapsible gate,
grills, water storage tank
etc. as per tender
specification.
b) Ventillation System LS 1
FF cum PH building
c) with Water tank for fire LS 1
fighting.
Parking Shed Suitable for Sq.
d) 150
10 light vehicle M
Rain water harvesting
including reinforcement
5 LS 1
and concrete as per
drawing.
Construction of complete
water drainage system
i. with drain inside LS 1
switchyard area, water
sump. supply and
installation of 3HP

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Section XI –Price Schedule 372

dewatering pumps
Supplying & erection
ii
dewatering pumps
Nos
(a) 5 HP 2
.
Nos
(b) 0.5 HP 2
.
Water supply
arrangement (from
6
borewell to fire water
tank & other use.)
6”dia deep tube well
(Deep Boring) complete
with piping for water LS/
i 2
supply (Incld. overhead Lot
PVC Tank 1000Ltr x 02
Nos.Min.)
7.5 H.P. motor and pump
set with associated
LS/
ii piping, construction of 2
Lot
Pump house for water
supply purposes
Hand pump with separate LS/
iii 1
boring with 1.5” pipe Lot
Septic tank and soak pit
7 complete as per the Lot 2
drawing
Construction of sand pits
8 15' X 10' X 5' size with LS 4
sand.
Complete work of
Construction of store
shed (100ftX30ft). With
Two MS galvanized
9 LS 1
racks to be provided each
of 5ft. wide, 20ft long
and 9ft height with
minimum three rows
Construction of room for
10 DG set of requisite size LS 1
(Minimum 6m X 6m)

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Section XI –Price Schedule 373

Construction of
Transformer oil soak pit
11 LS 2
as per drawing and CBIP
recommendation
Soil investigation,
12 contour mapping, layout LS 1
details etc.
Land cleaning incl.
cutting shrubs & bushes,
13 LS 1
leveling, anti-weed
treatment,
Providing antiweed
treatment and laying of
Sq.
14 plain cement concrete 25000
M
1:4:8 before stone chips
filling.
Stone/gravel spreading in
Sq.
15 switchyard excluding 25000
M
PCC
Chain link fencing of
switchyard (galvanized
wires and angles) with
requisite foundation
16 LS 1
work, necessary earthing
and paintng with
Aluminium paint of
standard quality.
Construction of 5.5 meter
RCC approach road from
main road up to
17 LS 1
switchyard gate with
culvert etc (Max. 200
mtr.)
Supply of Godrej make
furniture for control room
and office in charge of
Grid Sub-station &
18 computers ( 02 desktops LS 1
with scanner and printer
& 01 laptop) (Minimum
25 nos. of chairs, 5 tables
and 5 steel Almirahs)
19 Landscaping of the area LS 1

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Section XI –Price Schedule 374

with plantation, lawn etc.

20 Boundary Wall
RCC framed masonary
R.
20.1 wall 8feet height with 1600
M.
barbared wire fencing
Painting of boundary
wall with weather free
20.2 LS 1
paint of standard and
approved make.
Boundary wall Gate (as
per approved drawing)
20.3 Nos 2
suitable for heavy vehicle
movements.
Site Leveling work
20.4 including Contour
Survey
Earthwork in cutting &
Cu
a filling within S/S 20800
M
Boundary.
Earthwork in filling
Cu
b within S/S with borrowed 4400
M
earth.
Land development,
earthfilling after contour
mapping, land grading,
land cleaning incl.
cutting of shrubs &
bushes, levelling,
antiweed treatment, -
21 LS 1
upto FGL= HFL+
300mm (as per
requirment) and
Construction of expanded
metal fencing and barbed
wire and painting (as per
specification)
Watering system for all
treated earth pits
LO
22 including laying of 1
T
necessary pipes, valves,
storage tank, etc.
23 Design & Construction of M2 470

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Section XI –Price Schedule 375

01 block consisting of 06
flat multistorey (G+2)
building with two bed
room quarter for staff
with Electrical wiring,
water supply & Sanitary
installation all complete
as per approved drawing
& design.
Design & Construction of
01 Block consisting of 06
flat multistorey (G+2)
building with three bed
room quarter for officer
24 M2 518
with Electrical wiring,
water supply & Sanitary
installation all complete
as per approved drawing
& design.
Construction of Fully
furnished Guest House
25 M2 200
including all basic
amenities and furnitures
Construction of
dormetory fully furnished
Dormetary including all
26 basic amenities and M2 150
furnitures suitable for 10
persons (Security
Guards)
Construction of
dormetory fully furnished
Dormetary including all
27 basic amenities and M2 100
furnitures suitable for 10
persons (Maintenance
Gangs)
Design & Construction of
3.5 Mtr. wide PCC Road
28 for colony area with all M2 700
complete as per approved
drawing and design.
29 Switchyard panel room

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Section XI –Price Schedule 376

(i) 220 KV (2 nos) L.S. 1

(ii) 132 KV (3 nos) L.S. 1
Air condltioning System
as per technical
29.1 Specification.

a Switchyard panel Room

i 220 KV (2 nos.) L.S. 1
ii 132 KV (3 nos.) L.S. 1
Security Room along
with septic tank and soak
pit as per drawing
complete (excluding Nos
30 1
exavation, PCC, RCC & .
reinforcement steel,
which shall be measured
and paid seperately)
TOTAL
Bidder
Name :

Bidder
Signature:

NOTE
1. All rates and prices shall be specified in Rs. only in accordance with ITB 18
2. a). The bid price for (i) the items for which quantities have been indicated as lump sum or lot or set
and/or (ii) where the quantities are to be estimated by the Bidder shall remain constant unless there is
change made in the Scope of Work by Employer and / or for price variation relating to price
adjustment provisions. The quantities and unit prices (i) subsequently arrived while approving
the Bill of Quantities (BOQ) /Billing breakup of lump sum quantities/lot/Set and/or (ii) estimated by the
bidder shall be for on account payment purpose only. In case additional quantities, over and above
the quantities BOQ/billing breakup and /or estimated by the bidder, are required for successful
completion of the scope of work as per Technical Specification, the Bidder shall execute additional
quantities of these items for which no additional payment shall be made over and above the lump
sum bid price. In case quantities of these items supplied at site are in excess of that required for
successful completion of scope of work, such additional quantities shall be the property of the
bidders and they shall be allowed to take back the same from the site for which no deduction from the
lump sum bid price shall be made. Further, in case actual requirement of quantities for successful
completion of scope of work is less than the quantities identified in the approved BOQ /billing breakup
and/or estimated by the bidder, the lump sum bid price shall remain unchanged and no deduction
shall be made from the lump sum price due to such reduction of quantities.
b) Items for whicch no rate or price has been entered in, will not be paid for by the employer when

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 377

executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.

3. Bidder to consider the GST rate as applicable.

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Section XI –Price Schedule 378

SCHEDULE - 4 (B) : Installation and Others Services : 2 Nos of 132 KV Bays at

132/33 KV Grid Sub Station Dhalbhumgarh
Schedule of Quantity & Prices for
Design,Engineering, Supply, Installation, Testing & Commissioning of 2 Nos of
132 KV Bays at 132/33 KV Grid Sub Station Dhalbhumgarh
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24
Trans Total
port Price(
Total Transport & Rs.)
Unit Price GST & Insur with
Item GST
Sl. No. Unit Qty Price (Rs.) Amount Insurance ance GST
Description Rate
(Rs.) without (Rs) without withG
GST GST ST

(6+8
(4x5) % (6x7)
+10)
1 2 3 4 5 6 7 8 9 10 11
A 132KV Bays
A-1 Circuit
Breaker
1250A, 31.5 Nos. 2
KA SF6 CB
with support
Structure.
Marshalling
boxes,
terminal
connectors
etc.(current
rating shall
be equal to
the current
rating for
which the
short circuit
test reports
shall be
furnished)
(spring-
spring)

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Section XI –Price Schedule 379

A-2 Current
Transforme
r

132KV CTs Nos. 6

1 Ph 600-
300-150/1A,
5 core 120%
thermal
rating,
31.5KA with
120%
extended
current
rating with
marshalling
boxes,
terminals
connectors
etc.,
Accuracy
Class 0.2S
A-3 Isolators (3
phase), with
solid core
insulators
marshalling
boxes,
terminal
connectors(
motor
operated)
with moving
contact of
HDEC
copper only
a Isolator set 5
without E/S,
3 Ph, 1250A
31.5KA
Double

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Section XI –Price Schedule 380

Break

b Isolator with set 2

one E/S,
3Ph, 1250A
31.5 KA
Double
Break
A-4 132KV, Nos. 6
8800pF,
10KA 3-
winding,
single Phase
Feeder CVT
(accuracy
class 0.2S)
with
marshalling
boxes,
terminals
connectors
etc.
A-5 132KV, 3- Nos. 6
winding,
single phase
potential
Transformer
(accuracy
class 0.2S)
with
marshalling
boxes,
terminals
connectors
etc.
A-6 120KV LA Nos. 9
(1Ph), Class
III with
marshalling
boxes,
terminals
connectors
etc.

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Section XI –Price Schedule 381

A-8 132KV Nos. 36

Solid core
BPI
A-9 132KV km 0.50
grade 1xC
630sqmm
XLPE
insulated
copper as per
technical
specification
.
A-10 Cable Nos. 12
termination
as per
technical
specification
for
interconnecti
on with
overhead
transmission
line for
132kv cable
(including
support
insulators)
A-11 OPGW

UGFO
Cabling
(a) 2/3/4 way Nos. 2
joint box (48
Fiber)
including
coiling
bracket as
per
requirment
for looping
/coiling of 30
meters of
cable as per
technical
requirement

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Section XI –Price Schedule 382

A-12 PLB HDPE km 1

pipe O.D
40mm
including
accessories
as per
technical
specification
A-13 FODP 48 F Nos. 4
indoor type ,
rack
mounted
with FCPC
Coupling
and pigtails
A-14 Fiber optic
approach
Cable
including
Harware set
(like
ties,clips,
cleats,
conduits,
ducts
supports,
fittings.
(a) 24 Fibre KM 1
(DWSM)
(b) Hardware set set 2
for 24 Fiber
optic
approach
cable.
A-15 Optical cards
(a) L4.2 NO. 4
A-17 VOIP set 2
telephone
with licence
of existing
exchange
A-18 Erection
Hardware

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Section XI –Price Schedule 383

(Insulator
strings
antifog type
and
hardware,
spacers,
conductors(
S), bus bar
materials,
cable trays,
bay MB,
clamps,
connectors
including,
Junction
box, PVC
pipes for
equipments
and lighting,
all
accesories
etc. for the
following(m
ain bus shall
be Quad
moose
conductor
and transfer
shal be
strung with
double
moose
conductor)
and
hardware,
conductor/
Bus Bar
Materials,
CT/CVT
JB, BMK,
Equipments
, connectors,
cable tray/
cable rack/
cable rack,
Buried
cable,

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Section XI –Price Schedule 384

Trench and
other
miscellaneo
us items)
a 132KV Line set 2
Feeder Bay
b BUS for five set 1
nos. Of Bays
for Transfer
BUS ( 2 bays
for now and
three bays
for future
extension)
A-19 Control &
Relay
panels
a 132KV Line Nos. 2
Duplex C&R
Panel (with
auto
reclosure)
with
numerical
distance
protection
and earth
fault/overcur
rent relay
compiling to
IEC 61850
protocol with
optical fibre
ports
sufficient
DI/DO
scheme with
additional 6
DI/DO for
Spare.All
indicating
meters/multif
unctions
meters shall
be

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 385

communicab
le type with
0.5 class
accuracy
B-1
BATTERIE
S,
BATTERY
CHARGER
a 48V DCDB set 1
B-2 BATTERIES
(Dry Cell)
a 48Volt set 1
300AH
B-3 BATTERY
CHARGER

a 48 Volt, set 1
30/20A
Fload and
Float cum
Boost
Charger
C CABLES
along with
associated
accessries
like clamps,
glands, lugs
and straight
joints etc.
C-1 Power
Cable
(XLPE)
1.1KV
a 3.5C x 150 KM 1
sq mm
b 3.5C x 95 sq KM 1
mm
c 1C x 150 sq KM 2
mm

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 386

C-2 Power
Cable
(PVC)
1.1KV
a 3.5 X 35 sq KM 2
mm
b 4C x 16 sq KM 1
mm
c 4C x 6 sq KM 1
mm
d 2C x 6 sqmm KM 1

C-3 Control
Cables
(PVC)
1.1KV
a 2C x 2.5 sq KM 2
mm
b 3C x 2.5 sq KM 1
mm

c 5C x 2.5 KM 2
sqmm
d 7C x 2.5 sq KM 1
mm
e 10C x 2.5 KM 1
sqmm
f 14C x 2.5 sq KM 1
mm
g 19C x 2.5 sq KM 2
mm
D 40mm MS MT 20
rod for

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 387

Main
Earthmat
E Treated Nos. 12
Earthpit
F Steel
Structures
Galvanized Lot 1
Gantry
structures,
equipment
support
structure,
riser for
earth mat
and nuts &
bolts with
fasteners for
132KV
G Civil Works
a All Lot 1
Foundation
(RCC/PCC)
works for
equipments,
supports &
sub-station
structure M-
20 grade,
RCC Cable
trench with
cover slab.
I Gravel Lot 1
filling in
switchyard
area
including
PCC and
provision of
cement
slurry. The
gravel filling
shall be done
in the
complete

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 388

switchyard
area.
J Soil Lot 1
Investigation
E Land Lot 1
Development
, excavation
of
foundation
pits & cable
trench, earth
filling, land
grading ,
land cleaning
including
cutting of
shrubes and
bushes
levelling &
Dressing,
antiweed
treatment
including
earthfilling
from borrow
pits as per
requirement
and
construction
of RCC
retaining
wall(from
132KV
Transfer bus
to 33KV
Transfer
bus),
watering
system for
all treated
earth pits
including
laying of
necessary
pipes, valves
etc., water

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 389

drainage
system (as
per approved
drawing) as
per site
requirement.
L Control
Room
Building
Extention
a) Construction
of complete
Control
Room
Building
(double
storied ) of
requisite size
, with floors
as per
specification,
Aluminium
doors and
sqm 50
windows,
glass panels,
lavatory,
provision for
lifting heavy
equipment to
first floor,
collapsible
gate, grills,
water storage
tank etc. as
per tender
specification.
TOTAL
Bidder
Name :

Bidder
Signature:

NOTE
1. All rates and prices shall be specified in Rs. only in accordance with ITB 18

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 390

2. a). The bid price for (i) the items for which quantities have been indicated as lump sum or lot or set
and/or (ii) where the quantities are to be estimated by the Bidder shall remain constant unless there is
change made in the Scope of Work by Employer and / or for price variation relating to price
adjustment provisions. The quantities and unit prices (i) subsequently arrived while approving
the Bill of Quantities (BOQ) /Billing breakup of lump sum quantities/lot/Set and/or (ii) estimated by the
bidder shall be for on account payment purpose only. In case additional quantities, over and above
the quantities BOQ/billing breakup and /or estimated by the bidder, are required for successful
completion of the scope of work as per Technical Specification, the Bidder shall execute additional
quantities of these items for which no additional payment shall be made over and above the lump
sum bid price. In case quantities of these items supplied at site are in excess of that required for
successful completion of scope of work, such additional quantities shall be the property of the
bidders and they shall be allowed to take back the same from the site for which no deduction from the
lump sum bid price shall be made. Further, in case actual requirement of quantities for successful
completion of scope of work is less than the quantities identified in the approved BOQ /billing breakup
and/or estimated by the bidder, the lump sum bid price shall remain unchanged and no deduction
shall be made from the lump sum price due to such reduction of quantities.
b) Items for whicch no rate or price has been entered in, will not be paid for by the employer when
executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.
3. Bidder to consider the GST rate as applicable.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 391

SCHEDULE - 4 (C): Dismantalling work for a). 2 Nos 132 KV Bay, b). 33 KV bay &
Sub Station Galvanized Steel Structure of Railway bays at GSS Dhalbhumgarh
for termination of 132 KV New-Jadugoda-DhalbhumGarh Transmission Line at
GSS Dhalbhumgarh
Schedule of Quantity & Prices for
Dismantalling work for a). 2 Nos 132 KV Bay, b). 33 KV bay & Sub Station
Galvanized Steel Structure of Railway bays at GSS Dhalbhumgarh for
termination of 132 KV New-Jadugoda-DhalbhumGarh Transmission Line at GSS
Dhalbhumgarh
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24

Total
Unit Price GST
Item GST
Sl. No. Unit Qty Price (Rs.) Amount Total Price( Rs.) with GST
Description Rate
(Rs.) without (Rs)
GST

(4x5) % (6x7)
1 2 3 4 5 6 7 8
TRANSFO
A-1
RMER
Removal
from
plinth/existi
ng position
and
dragging of
transformer
from its
position to
1.1 the point of Nos. 2
loading
(digging up
to
100feet)100
feet-79510
,After
200feet -
422x200=
84400

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 392

315KVA,33/
0.433KV LT
, Sub station
1.2 Transforme Nos. 2
r with
terminal
connection

132 kV
C-1 EQUIPME
NT

Circuit
1 breaker (3
phase)
1600 A, 31.5
kA SF 6 CB
with support
structure,
marshalling
boxes,
terminal
connectors
etc.(current
rating shall
i) Nos. 2
be equial to
the current
rating for
which the
short cuircuit
test reports
shall be
furnished.)
(Spring-
Spring )
1250 A, 25
kA Vacume
CB with
ii) support Nos. 2
structure,
marshalling
boxes,

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 393

terminal
connectors
etc.(current
rating shall
be equial to
the current
rating for
which the
short cuircuit
test reports
shall be
furnished.)
(Spring-
Spring )
ISOLATOR
S (3 phase),
with solid
core
insulators,
marshaling
boxes,
2 terminal
connectors
(Motor
Operated)
with moving
contact of
HDEC
copper only.
1600 A, 31.5
kA with one
earth switch
i) Nos. 2
(Double
break
Isolator)
1250 A, 25
kA without
earth switch
ii) 2
(Double
break
Isolator)
Current
Transformers
3
5 core (1
phase)

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 394

1200 -600-
300-150/1-1-
1-1-1 A, 5
core 0.2S
class ,31.5
kA with
120%
i) extended Nos. 2
current
rating with
marshalling
boxes,
terminal
connectors
etc.
1600-300-
150/1-1-1-1
A, 5 core
0.2S class
,25 kA with
120%
extended
ii) Nos. 2
current
rating with
marshalling
boxes,
terminal
connectors
etc.
8800 pF
CVTs (1
phase) with
marshalling
4 Nos. 3
boxes,
terminal
connectors
etc .

C – II

ERECTION
1.1 HARDWAR
E (132 kV)
Insulator
strings
antifog type

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 395

& hardware,
spacers,
conductor
(S), Bus bar
material,
galvanised
cable
trays/Cable
rack, bay
MB, Clamps,
Connectors
including,
Junction
box,PVC
pipes for
equipment
and lighting,
all
accessories
etc. for the
following
(main bus
shall be of
quad Moose
conductor
and transfer
bus shall be
strung with
double
Moose
conductor)
132 kV Main
& Transfer
bay
Transformer
i) Set 2
bay
132 kV Solid
Core, Bus
post
ii) Nos. 4
Insulators for
erection
hardware
Sub- Station
O galvanized
Steel

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 396

structure
(132 kV, 33
KV ) (The
quantity is
tentative
and final
quantity
will depend
on actual
design):-
Lattice
structure
1 MT 150
with
fasteners etc.
Standard
structure for
equipment
2 MT 50
support
(other than
CB)
TOTAL
Bidder
Name :

Bidder
Signature:

NOTE
Bidder to consider the GST rate as applicable.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 397

SCHEDULE-5 : Grand Summary : Design, Engineering, Supply, Installation,

Testing & Commissioning of 220/132 kV Grid Substations at Jadugoda
and additional 132 kV Bays at Dhalbhumgarh GSS along with
Dismantalling Works.
Schedule of Quantity & Prices for
220/132
Design, Engineering Supply, Installation, Testing & Commissioning of
kV Grid Substations at Jadugoda and additional 132 kV Bays at Dhalbhumgarh
GSS along with Dismantalling Works.
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24
Amount (in Rs.)
Sl. No. Description
Total

Total Supply Price excluding GST (Rs.)-

1
Schedule No. 2(A), 2(B)
Total Erection, Transport and Insurance
price along with dismantalling
2
excluding GST (Rs.)-Schedule No. 4(A),
4(B) & 4(C)
Grand Total
Bidder Name :

Bidder
Signature :

NOTE
1. All rates and prices shall be specified in Rs. only in accordance with ITB 18

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 398

2. a). The bid price for (i) the items for which quantities have been indicated as lump sum or lot or set
and/or (ii) where the quantities are to be estimated by the Bidder shall remain constant unless there is
change made in the Scope of Work by Employer and / or for price variation relating to price
adjustment provisions. The quantities and unit prices (i) subsequently arrived while approving
the Bill of Quantities (BOQ) /Billing breakup of lump sum quantities/lot/Set and/or (ii) estimated by the
bidder shall be for on account payment purpose only. In case additional quantities, over and above
the quantities BOQ/billing breakup and /or estimated by the bidder, are required for successful
completion of the scope of work as per Technical Specification, the Bidder shall execute additional
quantities of these items for which no additional payment shall be made over and above the lump
sum bid price. In case quantities of these items supplied at site are in excess of that required for
successful completion of scope of work, such additional quantities shall be the property of the
bidders and they shall be allowed to take back the same from the site for which no deduction from the
lump sum bid price shall be made. Further, in case actual requirement of quantities for successful
completion of scope of work is less than the quantities identified in the approved BOQ /billing breakup
and/or estimated by the bidder, the lump sum bid price shall remain unchanged and no deduction
shall be made from the lump sum price due to such reduction of quantities.
b) Items for whicch no rate or price has been entered in, will not be paid for by the employer when
executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.
3. Bidder to consider the GST rate as applicable.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 399

SCHEDULE-6 : Recommended Spare Parts : 220/132 kV Grid Substations at

Jadugoda and additional 132 kV Bays at Dhalbhumgarh GSS
Schedule of Quantity & Prices for
Design, Engineering, Supply, Installation, Testing & Commissioning of 220/132
kV Grid Substations at Jadugoda and additional 132 kV Bays at Dhalbhumgarh
GSS
Bid Inviting Authority: General Manager, Contracts & Materials, Multi Lateral
Funding Project
NIT No. 708/PR/JUSNL/2023-24

Total Total
Unit Price GST Price
Sl. GST
Item Description Unit Qty Price (Rs.) Amoun (Rs.)
No. Rate
(Rs.) without t (Rs) with
GST GST

(4x5) % (6x7) (6+8)

1 2 3 4 5 6 7 8 9
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 400

0.00 0.00 0.00

0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Total 0.00 0.00 0.00
Bidder Name :

Bidder Signature
:

NOTE
1. All rates and prices shall be specified in Rs. only in accordance with ITB 18
2. This schedule will not be included for bid evaluation purpose.
3. Bidder to consider the GST rate as applicable.

RFB JPSIP/2023/SS/10-A
Section XI –Price Schedule 401

RFB JPSIP/2023/SS/10-A