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Bidding Forms and Procedures Guide

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25 views189 pages

Bidding Forms and Procedures Guide

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kuldeep.mathyal

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NTPC LIMITED

(A Government of India Enterprise)

SECTION - VII
BOOK 2 OF 2
TABLE OF FORMS AND PROCEDURES
--------------------------------------------------------------------------------------------------------------------
Sl.No. Description
--------------------------------------------------------------------------------------------------------------------

Section-VII (Part 1 of 2)

1a. Techno-Commercial Bid (Envelope-1)

(Bid Form along with Attachments)

1b. Attachments for Price Bid and Price

Schedules

Section-VII (Part 2 of 2)

2. Bid Security Form - Bank Guarantee

2a. Bid Security Form–Insurance Surety Bond

2b. Bid Security Form - Bank Guarantee

in case of Bid from Joint Venture

2c. Bid Security Form - Letter of Credit - NOT APPLICABLE

3 (a) Form of Notification by the Employer to the Bidder - NOT APPLICABLE

(b) Form of Sight Draft - NOT APPLICABLE

4. Forms of Notification of Award

5. Form of Contract Agreement

6. Performance Security Form

6a. Performance Security Form in case

of Contract awarded to Joint Venture

6b. Performance Security Form (Insurance Surety Bond)

6c. Performance Security Form (Insurance Surety Bond) in

case
of Contract awarded to Joint Venture

7(i). Bank Guarantee Form for Advance Payment

(Supply Ex-Works)

7(ii). Bank Guarantee Form for Advance Payment

(Installation Services)

7(iii). Bank Guarantee Form for Advance Payment

(in case of Contract awarded to Joint Venture)
--------------------------------------------------------------------------------------------------------------------
Sl.No. Description
--------------------------------------------------------------------------------------------------------------------

8. Form of Completion Certificate

9. Form of Operational Acceptance Certificate

10. Form of Trust Receipt

11. Forms of Indemnity-cum-Undertaking Agreements (2 Nos.)

12. Form of Authorization Letter

13. Form of Deed of Joint Undertaking

14. Form of Bank Guarantee by Associate/

Collaborator

14a. Form of Insurance Surety Bond by Associate/ Collaborator

15. Form of Joint Venture Agreement

16. Form of Bank Guarantee Verification Check List

17. Form of Extension of Bank Guarantee

18. Form of Indemnity-cum-Undertaking Agreement (for Removal of

Surplus Material and scraps)

19. Form of Contract Closing Certificates

20. Declaration of absence of Conflict of Interest with Conciliation Committees of

Independent Experts (CCIE)

21. Declaration of Absence of Conflict of Interest with Independent Engineer (IE)

22. Electronic Fund Transfer form

23. BG forwarding letter from Bank to Unified Treasury in Bank’s letterhead

2. BID SECURITY FORM
2. Bid Security Form

Bank Guarantee

(To be stamped in accordance with Stamp Act,

if any, of the Country of the issuing Bank)

Bank Guarantee No. ........................

Date..................................................
To

[Employer's Name and Address]

Dear Sirs,

In accordance with Invitation for Bids under your Bid Document No. ........................................,
M/s...............................[Bidder’s Name]................................. having its Registered/Head Office at
............................................................. (hereinafter called the 'Bidder') wish to participate in the said
bid for [Name of Package] .......................................................................................

As an irrevocable bank guarantee against Bid Security for an amount of ............................ (*)
...................................... valid for............................................................... days from
..................................................(**)........................................ required to be submitted by the Bidder
as a condition precedent for participation in the said bid which amount is liable to be forfeited on
the happening of any contingencies mentioned in the Bidding Documents.

We, the ................................................................................ [Name & address of the Bank]

.........................................................having our Head Office at ................................................... (#)
................................................... guarantee and undertake to pay immediately on demand by
NTPC Limited (hereinafter called the 'Employer')
the amount of
............................................(*)..........................................without any reservation, protest, demand
and recourse. Any such demand made by the 'Employer' shall be conclusive and binding on us
irrespective of any dispute or difference raised by the Bidder.

This Guarantee shall be irrevocable and shall remain valid upto ............................(@)........... If
any further extension of this guarantee is required, the same shall be extended to such required
period (not exceeding one year) on receiving instructions from M/s ...................... .......................
[Bidder's Name].......................... on whose behalf this guarantee is issued.

In witness where of the Bank, through its authorised officer, has set its hand and stamp on
this..........................................................................day of...................................20..........at.........
..........................................................
(Signature)

..........................................................
(Name)

..........................................................
(Designation
with Bank
Stamp)

Authorised Vide
Power of Attorney

No........................

Date................................................

....

NOTE : 1. (*) The amount shall be as specified in the Bid Data Sheets.

(**) This shall be the date of opening of Techno-Commercial bids.

(#) Complete mailing address of the Head Office of the Bank to be given.

(@) This date shall be forty five (45) days after the last date for which the bid is
valid.

2. The Bank Guarantee shall be from a bank as per

provisions.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate

value as per Stamp Act prevailing in the state(s) where the BG is submitted or is
to be acted upon or the rate prevailing in State where the BG is executed,
whichever is higher. The Stamp Paper/e-stamp paper shall be purchased in the
name of Bidder/Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, Bidders are required to ensure
compliance to the points mentioned in Form 16-Form of Bank Guarantee
Verification Check List enclosed in this Section of Bidding Documents. Further,
Bidders are required to fill up this Form 16 and enclose the same with the Bank
Guarantee.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to
take note of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI
letter ref. CAG-I/AMT-1/2014-15/370 dated 04.09.2014 (attached with Section-III
of Bidding Documents.
2a. Bid Security Form

Insurance Surety Bond towards Bid Security

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No. ........................

Date..................................................
To

[Employer's Name and Address]

Dear Sirs,

As an irrevocable Insurance Surety Bond against Bid Security for an amount of ............................
(*)
...................................... valid for............................................................... days from
..................................................(**)........................................ required to be submitted by the Bidder
as a condition precedent for participation in the said bid which amount is liable to be forfeited on the
happening of any contingencies as mentioned under the Bidding Documents.

We, the ................................................................................ [Name & address of the Insurer]

.........................................................having our Head Office at ................................................... (#)
................................................... guarantee and undertake to pay immediately on demand by NTPC
Limited (hereinafter called the 'Employer') the amount of
............................................(*)..........................................without any reservation, protest, demand
and recourse. Any such demand made by the 'Employer' shall be conclusive and binding on us
irrespective of any dispute or difference raised by the Bidder and/or any right/remedy available to
the bidder in terms thereof.

This Insurance Surety Bond shall be unconditional as well as irrevocable and shall remain valid upto
............................(@)........... If any further extension of this Insurance Surety Bond is required, the
same shall be extended to such required period (not exceeding one year) on receiving instructions
from M/s ...................... .......................[Bidder's Name].......................... on whose behalf this
Insurance Surety Bond is issued.

In witness where of the Insurer, through its authorised officer, has set its hand and stamp on
this..........................................................................day of...................................20..........at.........
....................................................
(Signature)

....................................................
(Name)

....................................................
(Designation with Insurer Stamp)

Authorised Vide Power of

Attorney No.....................................

Date................................................

NOTE : 1. (*) The amount shall be as specified in the Bid Data Sheets.

(**) This shall be the date of opening of Techno-Commercial bids.

(#) Complete mailing address of the Head Office of the Insurer to be given.

(@) This date shall be forty five (45) days after the last date for which the bid is valid.

2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by
Insurance Regulatory and Development Authority of India (IRDAI) as amended from
time to time.

3. The Employer shall be the Creditor, the Bidder shall be the Principal debtor and the
Insurance company/Insurer shall be the Surety in respect of the Insurance Surety
Bond to be issued by the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of

5. While getting the Insurance Surety Bond issued, Bidders are required to ensure
compliance to the points mentioned in Form of Bank Guarantee/ Insurance Surety
Bond Verification Check List enclosed in this Section of Bidding Documents. Further,
Bidders are required to fill up this Form and enclose the same with the Insurance
Surety Bond.
2b. Bid Security Form

(IN CASE OF BID FROM JOINT VENTURE)

Bank Guarantee

(To be stamped in accordance with Stamp Act,

if any, of the Country of the issuing Bank)

Bank Guarantee No. ........................

Date..................................................
To

[Employer's Name and Address]

Dear Sirs,

In accordance with Invitation for Bids under your Bid Document No. ........................................,
M/s...............................[Partner Name]................................. having its Registered/Head Office at
............................................................. and M/s...............................[Other Partner’s
Name]................................. having its Registered/Head Office at
............................................................. (hereinafter collectively called the 'Bidder') wish to
participate in the said bid for [Name of Package]
.......................................................................................

We, the ................................................................................ [Name & address of the Bank]

This Guarantee shall be irrevocable and shall remain valid upto ............................(@)........... If
any further extension of this guarantee is required, the same shall be extended to such required
period (not exceeding one year) on receiving instructions from M/s...............................[Partner
Name]................................. and M/s...............................[Other Partner’s
Name]................................. on whose behalf this guarantee is issued.

..........................................................
(Name)

..........................................................
(Designation with
Bank Stamp)

Authorised Vide
Power of Attorney No........................

Date....................................................

NOTE : 1. (*) The amount shall be as specified in the Bid Data Sheets.

(**) This shall be the date of opening of Techno-Commercial bids.

(#) Complete mailing address of the Head Office of the Bank to be given.

(@) This date shall be forty five (45) days after the last date for which the bid is
valid.

2. The Bank Guarantee shall be from a bank as per provisions.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value

as per Stamp Act prevailing in the state(s) where the BG is submitted or is to be
acted upon or the rate prevailing in State where the BG is executed, whichever is
higher. The Stamp Paper/e-stamp paper shall be purchased in the name of
Bidder/Bank issuing the guarantee.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take
note of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref.
CAG-I/AMT-1/2014-15/370 dated 04.09.2014 (attached with Section-III of Bidding
Documents.
FORM No. 2 (c)

BID SECURITY - LETTER OF CREDIT

- NOT APPLICABLE -
3. (a) FORM OF NOTIFICATION BY THE
EMPLOYER TO BIDDER

(b) FORM OF SIGHT DRAFT

3a. FORM OF NOTIFICATION BY THE EMPLOYER TO THE BIDDER

- NOT APPLICABLE -
3b. FORM OF SIGHT DRAFT

- NOT APPLICABLE -
4. FORM OF NOTIFICATION OF AWARD
4a. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT'
FOR SUPPLY OF PLANT AND EQUIPMENT

NOTE : INSTRUCTIONS INDICATED IN ITALICS IN THIS NOTIFICATION OF AWARD

ARE TO BE TAKEN CARE OF BY THE ISSUING AUTHORITY.

Ref. No. :

Date :

..............(Contractor's Name & Address)...............

....................................................................................
....................................................................................
....................................................................................

Attn : Mr............................................

Sub : Notification of Award of Contract for Supply of................................... (Package Name)

................................................ as per Bidding Document No..............................

Dear Sir,

1.0 This has reference to the following :

(i) Our Notice Inviting Tender (IFB) No. ................................ dated ..................

(ii) Bidding Documents for the subject package issued to you comprising the following :

.......................(List out all the Sections/Volumes of the Bidding Documents

along with Tender Drawings etc. as issued to the bidder)..........

Errata/Amendment No........................ to.............. (Name of Section/Volume of

the Bidding Documents to which Errata/Amendment pertains).................
issued to you.

(Applicable only if any Errata/Amendment to the Bidding Documents has

been issued subsequently)

(iii) Clarifications No........................ to.............. furnished to you on the Bidding

Documents based on the query raised by you/one of the prospective bidders.
(Use as applicable)

(Applicable only if any clarification to the Bidding Documents has been

issued subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF BIDDING
DOCUMENTS UP TO THE DATE OF BID OPENING)

(iv) Your Proposal for the subject package and its modification vide letter no.
...................................... dated ...................... (Delete if not applicable).
(v) Our e-mal/ letter No. ............................................. dated............... regarding
extension of validity of bid and that of the Bank Guarantee towards Bid Security.

(Applicable only if any extension has been sought subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

CORRESPONDENCE MADE TO OR BY THE BIDDER AFTER BID OPENING)

2.0 We confirm having accepted your proposal and its modification (Delete if not applicable)
read in conjunction with all the specifications, terms & conditions of the Bidding
Documents, Your subsequent letters (Use if relevant) and award on you the Contract
for the work of
................................(Indicate brief Scope of Work) ...................................... of
......................................... (Name of Package) .....................................for (Name of
project)......................................... as per Specification No. :.............................................
(hereinafter referred to as the 'First Contract').

3.0 We have also notified you vide our Notification of Award No. ...................................... dated
........................... for award of Second Contract on you for the work of .........................
(Indicate brief scope of work of the Second Contract) .............................. complete
............................................. (Name of Package)............................. for ............................
(Name of Project) ..................as per Bidding Document No......................... (hereinafter
referred to as the 'Second Contract'). You shall also be fully responsible for the works to be
executed under the 'Second Contract' and it is expressly understood and agreed by you
that any breach under the 'Second Contract' shall automatically be deemed as a breach of
this 'First Contract' and vice-versa and any such breach or occurrence or default giving us
a right to terminate the 'Second Contract' and/or recover damages thereunder, shall give
us an absolute right to terminate this Contract and/or recover damages under this 'First
Contract' as well and vice-versa. However, such breach or default or occurrence in the
'Second Contract' shall not automatically relieve you of any of your responsibilities/
obligations under this 'First Contract'. It is also expressly understood and agreed by you
that the equipment/ materials to be supplied by you under this Contract when installed and
commissioned under the 'Second Contract' shall give satisfactory performance in
accordance with the provisions of the Contract.

4.0 The total Contract Price for the entire scope of work under the Contract shall be
............................(Specify the amount )........................ as per the following break up:

(i) Ex-manufacturing works/place .......................................................

of despatch price (both in India)/
for Main Equipment

(ii) Ex-manufacturing works/place .......................................................

of despatch price (both in India)/
for Mandatory Spares

(iii) Type test charges .......................................................

(Delete if not applicable)

TOTAL (i + ii + iii) .......................................................

(................(Specify the total amount in words)................................................)

5.0 You shall prepare and finalise the Contract Documents for signing of the formal Contract
Agreement and shall enter into the Contract Agreement with us, as per the proforma
enclosed with the Bidding Documents, on non-judicial stamp paper of appropriate value
within.........(Specify).........days from the date of this Notification of Award. The issuance of
this notification of award will constitute the formation of the contract.

6.0 This Notification of Award is being issued to you in duplicate. We request you to return its
duplicate copy duly signed and stamped on each page including all the enclosed
Appendices, by the authorised signatory of your company as a proof of your
acknowledgement.

Please take the necessary action to commence the work and confirm action.

Yours faithfully,
for and on behalf of
...........(Name of the Employer)..................

(Authorised Signatory)

Encl. : As above.
4b. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT' FOR
INSTALLATION OF PLANT AND EQUIPMENT

NOTE : INSTRUCTIONS INDICATED IN ITALICS IN THIS NOTIFICATION OF AWARD

ARE TO BE TAKEN CARE OF BY THE ISSUING AUTHORITY.

Ref. No. :

Date :

..............(Contractor's Name & Address)............

Attn : Mr...........................................

Sub : Notification of Award of Contract for Inland Transportation, Insurance, Installation,

Testing & Commissioning and Guarantee Tests of ........................ (Package Name)
................................................ as per Bidding Document No..............................

Dear Sir,

1.0 This has reference to the following :

(i) Our Invitation for Bids (IFB) No. ..................................................dated.................

(ii) Bidding Documents for the subject package issued to you comprising the following :

.......................(List out all the Sections/Volumes of the Bidding Documents

along with Tender Drawings etc. as issued to the bidder)..........

Errata/Amendment No........................ to.................... (Name of Section/Volume of

the Bidding Documents to which Errata/Amendment pertains) .................
issued to you vide our letter no. ...........................dated .............................

(Applicable only if any Errata/Amendment to the Bidding Documents has

been issued subsequently)

(iii) Clarifications No........................ to.................... furnished to you on the Bidding

Documents vide our letter no.................... dated ............................... based on the
query raised by you/one of the prospective bidders. (Use as applicable)

(Applicable only if any clarification to the Bidding Documents has been

issued subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF BIDDING
DOCUMENTS UP TO THE DATE OF BID OPENING)

(iv) Your Proposal for the subject package and its modification vide letter no.
...................................... dated ...................... (Delete if not applicable).
(v) Our e-mail/ letter No. ............................................. dated........................... regarding
extension of validity of bid and that of the Bank Guarantee towards Bid Security.

(Applicable only if any extension has been sought subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

CORRESPONDENCE MADE TO OR BY THE BIDDER AFTER BID OPENING)

2.0 We confirm having accepted your proposal and its modification vide letter
no................................ dated .................. (Delete if not applicable) read in conjunction
with all the specifications, terms & conditions of the Bidding Documents, Your
subsequent letters (Use if relevant) and agreed Minutes of Meeting referred to in para
1.0 above and award on you the Contract for the work of ............................(Indicate brief
Scope of Work)
...................................... of ......................................... (Name of Package)
..................................... for (Name of project)......................................... as per Bid
Document No. : ........................................... (hereinafter referred to as the 'Second
Contract').

3.0 We have also notified you vide our Notification of Award No. ..................................... dated
.................... for award of 'First Contract' on you for the work of ....................... (Indicate
brief scope of work of the First Contract) .................. complete ................................
(Name of Package) ........................... for .................................(Name of Project)
.................. as per Bidding Document No........................................ (hereinafter referred to
as the 'First Contract'). You shall also be fully responsible for the works to be executed
under the 'First Contract' it is expressly understood and agreed by you that any breach
under the 'First Contract' shall automatically be deemed as a breach of this 'Second
Contract' and vice- versa and any such breach or occurrence or default giving us a right to
terminate the 'First Contract' and/or recover damages thereunder, shall give us an
absolute right to terminate this Contract and/or recover damages under this 'Second
Contract' as well and vice-versa. However, such breach or default or occurrence in the
'First Contract' shall not automatically relieve you of any of your responsibilities/obligations
under this 'Second Contract'. It is also expressly understood and agreed by you that the
equipment/materials to be supplied by you under the 'First Contract' when installed and
commissioned under this 'Second Contract' shall give satisfactory performance in
accordance with the provisions of the Contract.

4.0 The total Contract Price for the entire scope of work under the Contract shall be
..........................(Specify the amount and currency)......................... as per the following
break up :

(i) Inland transportation and inland .......................................................

transit insurance charges
for Main Equipment

(ii) Inland transportation and inland .......................................................

transit insurance charges
for Mandatory Spares

(iii) Unloading and handling at site, ........................................................

storage, erection, insurance
covers other than inland transit
insurance, testing, commissioning
and conducting Guarantee Tests
……… (Any other component)……………
TOTAL (i + ii + iii + ……….)
.......................................................

(................(Specify the total amount in words)...............................................)

Please take the necessary action to commence the work and confirm action.

Yours faithfully,
for and on behalf of
...........(Name of the Employer)..................

(Authorised Signatory)

Encl. : As above.
5. FORM OF CONTRACT AGREEMENT
5. Form of Contract Agreement

THIS CONTRACT AGREEMENT is made the day of , 20 ..

BETWEEN
(1) [Name of Employer], a corporation incorporated under the laws of [country of Employer] 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 have 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) Notification of Award read in conjunction with
Amendments/ Erratas, if any
(c) Special Conditions of Contract read in conjunction with
Amendments/ Erratas, if any
(d) General Conditions of Contract read in conjunction with
Amendments/ Erratas, if any
(e) Technical Specifications and Drawings read in
conjunction with Amendments/ Erratas, if any
(f) The Bid and Price Schedules submitted by the
Contractor
(g) Form and Procedures (as listed) read in conjunction with
Amendments/ Erratas, if any
(h) Integrity Pact

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.

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 of
Contract.

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
Payment Contract Price in consideration of the performance by the
Contractor of its obligations hereunder. The Contract Price shall
be the aggregate of: [amount of local currency in words], [amount
in figures], 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 Appendix 1
(Terms and Procedures of Payment) hereto.

Article 3. Effective 3.1 Effective Date (Reference GCC Clause 1)

Date for Determining The Time of Completion of the Facilities shall be deter-
Time for Completion mined from the date of Notification of Award provided all of the
following conditions have been fulfilled within a period of two (2)
months from the date of said Notification of Award:

(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, security towards faithful
performance of the Deed(s) of Joint Undertaking (if
applicable) and the advance payment security;

(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 Notification of Award because of
reasons attributable to the Employer, the Contract would
become effective only from the date of fulfillment of all the above
mentioned conditions and, the parties shall discuss and agree on
an equitable adjustment to the Contract Price and the Time for
Completion and/or other relevant conditions of the Contract.

3.3 However, if any of the conditions listed under 3.1 above are not
fulfilled within two (2) months from the date of Notification of
Award because of reasons attributable to the Contractor, the
Contract will be effective from the date of Notification of Award.
In this case, Contract price and/or time for completion shall not
be adjusted.

Article 4. It is expressly understood and agreed by and between the

Contractor and the Employer that the Employer is entering into
this Agreement solely on its own behalf and not on behalf of any
other person or entity. In particular it is expressly understood and
agreed that the Government of India is not a party to this
Agreement and has no liabilities, obligations or rights hereunder.
It is expressly understood and agreed that the Employer is an
Independent legal entity with power and authority to enter into
contracts solely on its own behalf under the applicable laws of
India and the general principles of Contract Law. The Contractor
expressly agrees, acknowledges and understands that the
Employer is not an Agent, Representative or Delegate of the
Govt.
of India. It is Further understood and agreed that the
Government of India is not and shall not be liable for any acts,
omissions, commissions, breaches or other wrongs arising out of
the Contract. Accordingly, the Contractor expressly waives,
releases and foregoes any and all actions or claims, including
cross claims, impleader claims or counter claims against the
Government of India arising out of this Contract and covenants
not to sue the Government of India as to any manner, claim,
cause of action or thing whatsoever arising of or under this
Agreement.

Article 5. Appendices The Appendices listed in the attached list of Appendices shall be
deemed to form an integral part of this Contract Agreement.

Reference in the Contract to any Appendix shall mean the

Appendices attached hereto, and the Contract shall be read and
construed accordingly.

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

CONTRACT AGREEMENT

dated the day of , 20

BETWEEN

[“the Employer”]

and

[“the Contractor”]

APPENDICES

Appendix 1 Terms and Procedures of Payment

Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 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
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 Break
down given in the Section on Price Schedules. Payments will be made in the currencies quoted by
the Bidder unless otherwise agreed between the parties. Application for payment in respect of part
deliveries may be made by the Contractor as work proceeds.

TERMS OF PAYMENT

A. Schedule No. 2: Plant and Equipment (excluding Mandatory Spares and Type
Tests) supplied from within the Employer’s country

In respect of Plant and Equipment supplied from within the Employer's country the
following payment shall be made:

A1. For Ex-works Price component of Plant and Equipment:

(I) Ten Percent (10%) of the total Ex-works price component as Initial
Advance Payment on:
(i) Signing of the Contract Agreement.

(ii) Submission of an unconditional Bank Guarantee covering the

advance amount plus GST as applicable on the advance payment to
be paid to the contractor which shall be initially kept valid upto
(ninety) 90 days beyond the schedule date of Completion of all the
Facilities under the package. However, in case of delay in completion
of facilities, the validity of this Bank Guarantee shall be extended by
the period of such delay. Proforma of Bank Guarantee is enclosed in
Section - VII - Bank Guarantee Form for Advance Payment.

(iii) Submission by the Main Contractor of an unconditional Bank

Guarantee(s) towards Performance Security(s) in respect of all
Contracts (including the Contracts entered into with the
Contractor’s Assignee, if applicable in case of Foreign
Contractor), and submission by the Assignee (if applicable in
case of Foreign Contractor) of an unconditional Bank
Guarantee(s) towards Performance Security(s) in respect of all
Contracts entered into with the Assignee, all initially valid up to
ninety (90) days after the end of Defects Liability Period of all
equipment covered under Contract. However in case of delay in
Defect Liability Period, the validity of these Bank Guarantees
shall be extended by the period of such delay. The proforma of
Bank Guarantee is enclosed in Section-VII-Form of Performance
Security.
(iv) In case Deed(s) of Joint Undertaking by the Contractor along with his
Associate form part of the contract, then submission of unconditional
Bank Guarantee from such Associate towards faithful performance of
the Deed of Joint Undertaking for the amount specified in the respective
Deed of Joint Undertaking and valid up to ninety (90) days after end of
Defect Liability Period of all equipment covered under the contract. The
proforma of Bank Guarantee shall be as enclosed in Section-VII-Form
of Bank Guarantee by Associate.
(v) Submission of a detailed PERT Network/ L2 Schedule based on the
work schedule stipulated in Appendix-4 to Form of the Contract
Agreement and its approval by the Employer.

(I) Sixty Percent (60%) of Ex-Works Price component of the Contract price
for each identified equipment shall be paid progressively on pro-rata basis
upon dispatch of equipment from manufacturer's works on pro-rata basis
on production of invoices and satisfactory evidence of shipment which shall
be original Good Receipt/Rail Receipt including Material Dispatch
Clearance Certificate (MDCC) issued by the Employer.

(II) Twenty Percent (20%) of the Ex-works price component of the Contract
Price for each identified equipment shall be paid progressively on pro- rata
basis on receipt of equipment at site and physical verification and
certification by the Project Manager of having the equipment received and
stored at site.

(III) Eight Percent (8%) of the Total Ex-works price component of the Contract
price to be paid on pro-rata basis on Completion of the Facilities (or part thereof)
including all associated auxiliaries and ancillary works and issue of completion
Certificate by the Project Manager for each unit and successful completion of
applicable Performance Guarantee Tests to be conducted along with
Trial/Initial operation as specified in Technical Specifications.

However, if for reasons attributable to the Employer, the performance

Guarantee (PG) Test of the Facilities or the relevant part thereof cannot be
successfully completed within the period of 01 (one) month from the date of
Completion of Trial/ Initial Operation, then 50% of the aforementioned amount
shall be released to the contractor without submission of any BG.

Further, if for reasons attributable to the Employer, in case the aforementioned

performance Guarantee (PG) Test of the Facilities or the relevant part thereof
cannot be successfully completed within the period of one year from the date
of Completion of Trial/ Initial Operation, the balance 50% amount shall be
released upon submission of Bank Guarantee. Such Bank Guarantee shall
have initial validity of one (1) year. The Bank Guarantee shall be extended for
any subsequent period, if required, such that the same remains valid till the
Successful Completion of the aforementioned Guarantee Test.

(IV) Two Percent (2%) of the Total Ex-works price component of the Contract price
to be paid on pro-rata basis on Completion of the Facilities (or part thereof)
including all associated auxiliaries and ancillary works and issue of completion
Certificate by the Project Manager for each unit and successful completion of
applicable Performance Guarantee Tests to be conducted at a later stage after
Trial/Initial operation as specified in Technical Specifications.

However, if for reasons attributable to the Employer, in case the

aforementioned performance Guarantee (PG) Test of the Facilities or the
relevant part thereof cannot be successfully completed within the period of one
month from the due date of completion of such PG test(s), then 50% of the
aforementioned amount shall be released to the contractor without submission
of any BG.

Further, if for reasons attributable to the Employer, in case the aforementioned

performance Guarantee (PG) Test of the Facilities or the relevant part thereof
cannot be successfully completed within the period of one year from the due
date of completion of such PG test(s), the balance 50% amount shall be
released upon submission of Bank Guarantee. Such Bank Guarantee shall
have initial validity of one (1) year. The Bank Guarantee shall be extended for
any subsequent period, if required, such that the same remains valid till the
Successful Completion of the aforementioned Guarantee Test.
Note: (1) The basis for pro-rata payment at (II) and (III) above shall be the
billing break-up, to be mutually discussed and agreed upon.
The Billing Break Up shall be generally on item rate basis. However,
for the items which are generally supplied and billed on weight
(tonnage) basis, the Billing Break-Up may be considered on weight
(tonnage) basis.

(2) In case Installation Price (excluding Civil/Structural works price) is

less than minimum percentage (as specified in Section-III BDS) of Ex-
works Price of Main Equipment, the amount by which it is lower
shall be retained proportionately from Ex-works component of
Contract price while releasing payments due on receipt of
equipment, and no interest shall be payable on the retained amount.
The aforesaid retained amount shall be paid on pro-rata basis upon
completion of installation of the respective equipment and its
certification by the Project Manager.
@(3) In case the Civil Works Price (including Site Fabricated Structural works price)
is less than minimum percentage (as specified in Section-III BDS) of the
Ex-works Price of Main Equipment, the amount by which it is lower shall be
retained proportionately from the Ex-Works component of Contract price
while releasing payments due on dispatch of equipment, and no interest
shall be payable on the retained amount. The aforesaid retained amount
shall be paid on pro-rata basis upon completion of Civil Works including
Structural works (if any) corresponding to the respective equipment and its
certification by the Project Manager.

In case PG tests are not envisaged, the final 10% amount to be paid on
Completion of the Facilities (or part thereof) including all associated
auxiliaries and ancillary works and issue of completion Certificate by the
Project Manager for each unit.

In case PG test is applicable for only one of the aforesaid two criteria, final
10% amount shall be paid on fulfillment of the said criteria (instead of 8% +
2%).

8% and 2% payment to be split up among all units.

B. Schedule 2 & 6: Payment Terms for Mandatory Spares and Recommended Spares
(When ordered) on Ex-Works (India) basis
The Ex-works price component of spares shall be paid as under.
(i) Seventy five percent (75%) of Ex-works price component of the spares to be
paid on pro-rata basis: upon despatch to site and against invoices and shipping
documents along with Material Despatch Clearance Certificate (MDCC) issued
by the Employer's QA&I representative.
(ii) Twenty five percent (25%) of Ex-works price component of the spares to be
paid on pro-rata basis: on receipt and storage at site and on physical verifications
by the Project Manager of having received and stored the spares at site.
C. Schedule No. 3: Local Transportation
a) All Plant & Equipment excluding Mandatory Spares & Recommended spares
(if ordered): One Hundred Percent (100%) Local Transportation (including
inland transit insurance charges) for the equipment covered in Schedule-2 shall
be paid to the Contractor pro-rata to the value of the equipment received at site
and on production of invoices by the Contractor. The aggregate of all such
prorata payments shall, however, not exceed the total amount identified in the
Contract for Local Transportation. However, wherever equipment wise local
transportation charges (including inland transit insurance charges) have been
identified by the Contractor, the payment shall be made after receipt of
equipment at site based on the charges so identified in the Contract.
(b) Mandatory Spares & Recommended spares (when ordered): One Hundred
percent (100%) Local Transportation charges (including inland transit insurance)
for the spares shall be paid to the contractor pro-rata to the value of spares
received at site and on production of invoices by the contractor. The aggregate of
all such pro-rata payments shall, however, not exceed the total amount identified
for the contract of Local Transportation. However, wherever itemwise local
transportation charges (including transit insurance, port clearance and port
charges) have been identified by the Contractor, the payment shall be made after
receipt of spares at site based on the charges so identified in the contract.

D. Schedule No. 4: Installation Services

The Installation Services component shall be paid as under:
(I)(a) Five Percent (5%) of the total installation services component of the
Contract Price will be paid to the Contractor as interest bearing advance
payment on:
(i) Signing of Contract Agreement(s).
(ii) Establishing their office at site preparatory to mobilisation of their
erection establishment.
(iii) Submission of an unconditional Bank Guarantee for an amount
equal to 110% of the advance plus GST, as applicable on the
advance amount, which shall be initially kept valid up to ninety
(90) days beyond the schedule date for successful 'Completion of
the Facilities' under the Package. However, in case of delay in
Completion of Facilities the validity of this advance Bank
Guarantee shall be extended by the period of such delay. The
proforma of Bank Guarantee is enclosed in Section-VII.
(iv) Submission by the Contractor of an unconditional Bank
Guarantee(s) towards Performance Security(s) in respect of all
Contracts and initially valid up to ninety (90) days after the end of
Defects Liability Period of all equipment covered under Contract.
However, in case of delay in Defect Liability Period, the validity of
this Bank Guarantee shall be extended by the period of such
delay. The proforma of Bank Guarantee is enclosed in Section-VII-
Form of Performance Security.
(v) In case Deed of Joint Undertaking by the Contractor along with his
Associate/Collaborator forms part of the Contract then submission
of an unconditional Bank guarantee from such Associate /
Collaborator towards faithful performance of the Deed of Joint
Undertaking for an amount specified in the deed and initially valid
up to ninety (90) days after the end of Defect Liability Period of all
equipment covered under the Contract.
However, in case of delay in Defect Liability Period, the validity of
this Bank Guarantee shall be extended by the period of such
delay. The proforma of Bank Guarantee(s) shall be as enclosed in
Section-VII.

(vi) Submission of a detailed PERT Network/ L2 Schedule based on

the work schedule stipulated in Appendix-4 to Form of the
Contract Agreement and its approval by the Employer.

(vii) Advance Payment for Installation services price components shall

be released after certification of Engineer-in-Charge that the
Contractor has brought to site the Safety equipment & Safety
Personal Protective Equipment as per minimum quantity specified
in the Bidding Documents.
In case the Contractor decides not to take interest bearing
advance payment, the first progressive payment for Installation
services price component shall be released after certification of
Engineer-in- Charge that the Contractor has brought to the site the
Safety equipment & Safety Personal Protective equipment as per
minimum quantity specified in the Bidding Documents.

(I)(b) Five Percent (5%) of the total installation services component of the
Contract Price (excluding Civil & Structural works) will be paid to the
Contractor as interest bearing advance payment on:

(i) Fulfilment of conditions mentioned at Clause D(I)(a) - (i) to (vii)

above.

(ii) T&P and manpower mobilization as identified along with PERT

Network for start of erection and certification thereof by the
Engineer-in-Charge.

(iii) Submission of an unconditional Bank Guarantee for an amount

equal to 110% of the advance plus GST, as applicable on the
advance amount, which shall be initially kept valid up to ninety
(90) days beyond the schedule date for successful 'Completion of
the Facilities' under the Package. However, in case of delay in
Completion of Facilities the validity of this advance Bank
Guarantee shall be extended by the period of such delay. The
proforma of Bank Guarantee is enclosed in Section-VII.
(I)(c) The recovery of the interest component on the advance amount shall be
made from the progressive payments released to the Contractor as per
Clause D(II) of APPENDIX-I to Form of Contract Agreement, Section-VII.
The amount of interest to be recovered from a particular bill shall be
calculated @ “[SBI 1-year MCLR as on 01st April of applicable year +
150 bps] per annum on the value advance corresponding to the %age of
total progressive payment being released. The period for
which the interest is to be calculated shall be reckoned from the date of
release of the advance payment to the actual date of release of the said
progressive payment or the expiry of the stipulated time frame for release
of such progressive payments under the contract, whichever is earlier.
The interest on the advance payment shall stand fully recovered on
release of all the progressive payments. If the amount payable under any
interim bill is not sufficient to cover all deductions to be made for interest
on the advance payment and other sums deductible there from,
the balance outstanding shall be recovered from the next payments
immediately falling due.

Note: 1. The release of first progressive payment for installation services

shall also be subject to submission of documentary evidence by
the Contractor towards having taken the insurance policy(ies) in
terms of relevant provisions of GCC Clause 34 (Insurance) and
acceptance of same by the Project Manager.

2. In case the contractor decides not to take interest bearing advance

payment, the advance payment shall be proportionately adjusted
in the balance payments excluding final payment (i.e. in the
progressive payment indicated at (II) below).
(II) Eighty Percent (80%) of the Installation Services component of contract
price will be made on pro-rata basis against progressive erection of the
equipment on certification by the Project Manager for the quantum of
work completed and by the Project Manager's field quality assurance &
surveillance representative for the successful completion of quality check
points involved in the quantum of work billed.

Note: In case the Installation Price (excluding Civil/Structural works price) is more
than maximum percentage (specified in Section-III BDS) of the Ex-works
Price of Main Equipment, the amount by which it is higher shall be retained
while releasing progressive payments due on installation of equipment, and
no interest shall be payable on the retained amount. The aforesaid retained
amount shall be paid along with payment due on completion of Trial
Operation / Completion of Facilities indicated at (III) below.

(III) Eight Percent (8%) of the total installation services component of the Contract price to
be paid on pro-rata basis on Completion of the Facilities (or part thereof) including all
associated auxiliaries and ancillary works and issue of completion Certificate by the
Project Manager for each unit and successful completion of applicable Performance
Guarantee Tests to be conducted along with Trial/Initial operation as specified in
Technical Specifications.

However, if for reasons attributable to the Employer, the performance Guarantee

(PG) Test of the Facilities or the relevant part thereof cannot be successfully
completed within the period of 01 (one) month from the date of Completion of Trial/
Initial Operation, then 50% of the aforementioned amount shall be released to the
contractor without submission of any BG.
Further, if for reasons attributable to the Employer, in case the aforementioned
performance Guarantee (PG) Test of the Facilities or the relevant part thereof
cannot be successfully completed within the period of one year from the date
of Completion of Trial/ Initial Operation, the balance 50% amount shall be
released upon submission of Bank Guarantee. Such Bank Guarantee shall
have initial validity of one (1) year. The Bank Guarantee shall be extended for
any subsequent period, if required, such that the same remains valid till the
Successful Completion of the aforementioned Guarantee Test.

(IV) Two Percent (2%) of the total installation services component of the Contract price to
be paid on pro-rata basis on Completion of the Facilities (or part thereof) including all
associated auxiliaries and ancillary works and issue of completion Certificate by the
Project Manager for each unit and successful completion of applicable Performance
Guarantee Tests to be conducted at a later stage after Trial/Initial operation as
specified in Technical Specifications.

However, if for reasons attributable to the Employer, in case the aforementioned

performance Guarantee (PG) Test of the Facilities or the relevant part thereof cannot
be successfully completed within the period of one month from the due date of
completion of such PG test(s), then 50% of the aforementioned amount shall be
released to the contractor without submission of any BG.

Further, if for reasons attributable to the Employer, in case the aforementioned

In case PG test is applicable for only one of the aforesaid two criteria, final
10% amount shall be paid on fulfillment of the said criteria (instead of 8% +
2%).

8% and 2% payment to be split up among all units.

Note: The basis for the pro-rata payments at Sl. No. (II) above shall be the Billing
Break up to be finalised subsequently.

The Billing Break Up shall be generally on item rate basis. However, for
the items which are generally supplied and billed on weight (tonnage)
basis, the Billing Break-Up may be considered on weight (tonnage) basis.

E. Schedule No. 4: Civil Works (if Civil Works is applicable as per Schedule-4)

The Civil Works Price Component of the Contract Price shall be paid as under:
(I)(a) Five Percent (5%) of the total Civil Works Price component of the
Contract Price will be paid to the Contractor as interest bearing advance
payment on:
(i) Signing of Contract Agreement.

(ii) Establishment their office at site in preparatory to

commencement of Civil Works.

(iii) Submission of an unconditional Bank Guarantee for an amount

(iv) Submission by the Contractor of an unconditional Bank

Guarantee(s) towards Performance Security(s) in respect of all
Contracts, and initially valid up to ninety (90) days after the end of
Defects Liability Period of all equipment covered under the
Contract. The proforma of Bank Guarantee is enclosed in
Section- VII-Form of Performance Security. enclosed in Section-
VII of Bidding Documents. The proforma of Bank Guarantee(s)
shall be as enclosed in Section - VII.

(v) Submission of a detailed PERT Network/ L2 Schedule based on

the work schedule stipulated in Appendix-4 to Form of the
Contract Agreement and its approval by the Employer.

(vi) Submission of unconditional Bank Guarantee(s) from all

executants of Deed(s) of Joint Undertaking other than Contractor
towards faithful performance of the Deed(s) of Joint Undertaking
for amount(s) and validity specified in the respective Deed(s) of
Joint Undertaking enclosed in Section-VII of Bidding Documents.
The proforma of Bank Guarantee(s) shall be as enclosed in
Section – VII.

(vii) Advance Payment for Civil works price components shall be

released after certification of Engineer-in-Charge that the
Contractor has brought to site the Safety equipment & Safety
Personal Protective Equipment as per minimum quantity specified
in the Bidding Documents.

In case the Contractor decides not to take advance payment, the

first progressive payment for Civil works price component shall be
released after certification of Engineer-in-Charge that the
Contractor has brought to site the Safety equipment & Safety
Personal Protective Equipment as per minimum quantity specified
in the Bidding Documents.
(I)(b) Further, Five Percent (5%) of the total Civil Works Price component of
the Contract Price will be paid to the Contractor as interest bearing
advance payment on:

(i) Fulfilment of conditions mentioned at E(I) (a)(i) to (vii) above.

(ii) Submission of an unconditional Bank Guarantee for an amount

(iii) T&P mobilization as identified along with PERT Network for start of
Civil works and certificate thereof by the Engineer-in-Charge.

(I)(c) The recovery of the interest component on the above advance amount
shall be made from the progressive payments released to the contractor
as per clause E(II) of Appendix-1 to Form of Contract Agreement, Book 3
of 3, Section-VII. The amount of interest to be recovered from a particular
bill shall be calculated @ “[SBI 1-year MCLR as on 01st April of
applicable year + 150 bps] per annum per annum on the value of
advance corresponding to the %age of total progressive payment being
released. The period for which the interest is to be calculated shall be
reckoned from the date of release of the advance payment to the actual
date of release of the said progressive payment or the expiry of the
stipulated time frame for release of such progressive payments under the
contract, whichever is earlier. The interest on the advance payment shall
stand fully recovered on release of all the progressive payments. If the
amount payable under any interim bill is not sufficient to cover all
deductions to be made for interest on the advance payment and other
sums deductible therefrom, the balance outstanding shall be recovered
from the next payments immediately falling due.

Note: In case the contractor decides not to take interest bearing

advance payment, the advance payment shall be proportionately
adjusted in the Progressive payment at II below).

(II) Eighty Percent (80%) of the total Civil Works Price Component of Contract
Price shall be paid progressively on certification by the Project Manager
for the quantum of work completed and by Project Manager's field quality
surveillance representative for the successful completion of quality check
points involved in the quantum of work billed.

Note: (1) In case the Civil Works Price (including Site Fabricated
Structural Works Price) is more than maximum percentage
(specified in Section-III BDS) of the Ex- works Price of Main
Equipment, the amount by which it is higher shall be retained
while releasing progressive payments due on
completion of civil works (including Site Fabricated Structural
works), and no interest shall be payable on the retained
amount. The aforesaid retained amount shall be paid along
with payment due on completion of Trial Operation /
Completion of Facilities.

(2) The release of first progressive payment for civil works

shall also be subject to submission of documentary
evidence by the Contractor towards having taken the
insurance policy(ies) in terms of relevant provisions of
GCC Clause 34 (Insurance) and acceptance of same by the
Project Manager.

(III) Eight Percent (8%) of the total civil works price component of the Contract price to be
paid on pro-rata basis on Completion of the Facilities (or part thereof) including all
associated auxiliaries and ancillary works and issue of completion Certificate by the
Project Manager for each unit and successful completion of applicable Performance
Guarantee Tests to be conducted along with Trial/Initial operation as specified in
Technical Specifications.

However, if for reasons attributable to the Employer, the performance Guarantee

Further, if for reasons attributable to the Employer, in case the aforementioned

(IV) Two Percent (2%) of the total civil works price component of the Contract price to be
paid on pro-rata basis on Completion of the Facilities (or part thereof) including all
associated auxiliaries and ancillary works and issue of completion Certificate by the
Project Manager for each unit and successful completion of applicable Performance
Guarantee Tests to be conducted at a later stage after Trial/Initial operation as
specified in Technical Specifications.

However, if for reasons attributable to the Employer, in case the aforementioned

Further, if for reasons attributable to the Employer, in case the aforementioned

In case PG test is applicable for only one of the aforesaid two criteria, final
10% amount shall be paid on fulfillment of the said criteria (instead of 8% +
2%).

8% and 2% payment to be split up among all units.

(V) Secured advance against materials (Cement & Reinforcement Steel)

shall be paid to the Contractor on the certificate of Project Manager. The
contractor shall be paid material secured advance up to maximum limit of
75% (exact percent of material secured advance shall be decided by
Project Manager based on total requirement of Cement and
Reinforcement Steel for the complete work and total cost of Civil
Construction works as provided in the Contract) of the cost of Cement &
Reinforcement Steel which in the opinion of Project Manager is
reasonably required in accordance with the Contract and the same has
been brought to site for incorporation in the works and are safeguarded
against loss due to any cause whatsoever and stored as per requirement
of Technical specification.

Total amount of secured advances against material (i.e., Cement &

Reinforcement Steel) payable as per the above provision however, shall
not exceed 10% of the cost of total Civil Construction works for cement &
25% of the cost of total Civil Construction works for Reinforcement Steel.

(VI) The material secured advance payment under clause (IV) above shall be
fully adjusted from the payments due to contractor for the works done
against clause (II) above as and when materials are utilised in the same.

(VII) On completion of works as per requirement of specification, if any

balance materials (i.e. Cement and Reinforcement Steel) are available in
the contractor's store after full adjustment of material secured advance
from the payments due under clause (II) above, contractor shall be
allowed by the Employer to take out the balance material (Cement &
Reinforcement Steel) from the plant.

(VIII) The Contractor store shall be opened, for supervision and verification by
the Project Manager or his authorised representatives, at any time, in
case he so desires.

F. Schedule No. 4 : Site Fabricated Structural Works (if Structural Works is

applicable as per Schedule-4) NOT APPLICABLE
The Site Fabricated Structural Works Price Component of the Contract Price shall
be paid as under :

(I)(a) Five Percent (5%) of the total Site Fabricated Structural Works Price
component of the Contract Price will be paid to the Contractor as interest
bearing advance payment on:

(i) Signing of Contract Agreement.

(ii) Establishment their office at site in preparatory to

commencement of Site Fabricated Structural Works.

(iii) Submission of an unconditional Bank Guarantee for an amount

(iv) Submission by the Contractor of an unconditional Bank

Guarantee(s) towards Performance Security(s) in respect of all
Contracts, and initially valid upto ninety (90) days after the end of
Defects Liability Period of all equipment covered under the
Contract. The proforma of Bank Guarantee is enclosed in
Section- VII-Form of Performance Security. enclosed in Section-
VII of Bidding Documents. The proforma of Bank Guarantee(s)
shall be as enclosed in Section - VII.

(v) Submission of a detailed PERT Network/ L2 Schedule based on

the work schedule stipulated in Appendix-4 to Form of the
Contract Agreement and its approval by the Employer.

(vi) Submission of unconditional Bank Guarantee(s) from all

(vii) Advance Payment for Civil works price components shall be

In case the Contractor decides not to take advance payment, the

(I)(b) Further, Five Percent (5%) of the total Site Fabricated Structural Works
Price component of the Contract Price will be paid to the Contractor as
interest bearing advance payment on :

(i) Fulfilment of conditions mentioned at F(I) (a)(i) to (vii) above.

(ii) Submission of an unconditional Bank Guarantee for an amount

(iii) T&P mobilization as identified along with PERT Network for start of
Civil works and certificate thereof by the Engineer-in-Charge.

(I)(c) The recovery of the interest component on the above advance amount
shall be made from the progressive payments released to the contractor
as per clause F(II) of Appendix-1 to Form of Contract Agreement, Book 3
of 3, Section-VII. The amount of interest to be recovered from a particular
bill shall be calculated @ “[SBI 1-year MCLR as on 01 st April of
applicable year + 150 bps] per annum per annum on the value of
advance corresponding to the %age of total progressive payment being
released. The period for which the interest is to be calculated shall be
reckoned from the date of release of the advance payment to the actual
date of release of the said progressive payment or the expiry of the
stipulated time frame for release of such progressive payments under the
contract, whichever is earlier. The interest on the advance payment shall
stand fully recovered on release of all the progressive payments. If the
amount payable under any interim bill is not sufficient to cover all
deductions to be made for interest on the advance payment and other
sums deductible therefrom, the balance outstanding shall be recovered
from the next payments immediately falling due.

Note: In case the contractor decides not to take interest bearing

advance payment, the advance payment shall be proportionately
adjusted in the Progressive payment at II below).

(II) Eighty Percent (80%) of the total Site Fabricated Structural Works Price
component of Contract Price shall be paid progressively on certification by
the Project Manager on erection and final alignment, bolting or welding
etc. including primer coats of painting for the quantum of work completed
and by Project Manager's field quality surveillance representative for
the
successful completion of quality check points involved in the quantum of
work billed.

Note: (1) In case the Civil Works Price (including Site Fabricated
Structural Works Price) is more than maximum percentage
(specified in Section-III BDS) of the Ex- works Price of Main
Equipment, the amount by which it is higher shall be retained
while releasing progressive payments due on completion of
civil works (including Site Fabricated Structural works), and no
interest shall be payable on the retained amount. The
aforesaid retained amount shall be paid along with payment
due on completion of Trial Operation / Completion of
Facilities.

(2) The release of first progressive payment for Site Fabricated

Structural works shall also be subject to submission of
documentary evidence by the Contractor towards having
taken the insurance policy (ies) in terms of relevant
provisions of GCC Clause 34 (Insurance) and acceptance of
same by the Project Manager.

(III) Eight Percent (8%) of the total Site Fabricated Structural Works Price component of
the Contract price to be paid on pro-rata basis on Completion of the Facilities (or part
thereof) including all associated auxiliaries and ancillary works and issue of completion
Certificate by the Project Manager for each unit and successful completion of
applicable Performance Guarantee Tests to be conducted along with Trial/Initial
operation as specified in Technical Specifications.

However, if for reasons attributable to the Employer, the performance Guarantee

Further, if for reasons attributable to the Employer, in case the aforementioned

(IV) Two Percent (2%) of the total Site Fabricated Structural Works Price component of
the Contract price to be paid on pro-rata basis on Completion of the Facilities (or part
thereof) including all associated auxiliaries and ancillary works and issue of completion
Certificate by the Project Manager for each unit and successful completion of
applicable Performance Guarantee Tests to be conducted at a later stage after
Trial/Initial operation as specified in Technical Specifications.
However, if for reasons attributable to the Employer, in case the aforementioned
performance Guarantee (PG) Test of the Facilities or the relevant part thereof cannot
be successfully completed within the period of one month from the due date of
completion of such PG test(s), then 50% of the aforementioned amount shall be
released to the contractor without submission of any BG.

Further, if for reasons attributable to the Employer, in case the aforementioned

In case PG test is applicable for only one of the aforesaid two criteria, final
10% amount shall be paid on fulfillment of the said criteria (instead of 8% +
2%).

8% and 2% payment to be split up among all units.

G Payment terms for Price Adjustment Amount

Any addition due to adjustment to the Contract Price shall be payable in the
similar manner as provided in the clauses A, B, D, E & F above. The price
adjustment amount corresponding to advance payment shall be clubbed with the
first progressive payment of that equipment. Reduction to the Contract Price, if
any, due to price adjustment provisions, shall be effected by recovering 100% of
the reduction amount (including advance) from any of the Contractor's bills falling
immediately due for payment.

H. Schedule - 7: Payment Terms for Taxes & Duties

100% of applicable Taxes and Duties which are payable by the Employer under
the Contract shall be paid/reimbursed to the Contractor upon receipt of
equipment/spares/services and on production of satisfactory documentary
evidence by the Contractor/Assignee, as applicable. However, GST as
applicable on Advance payment shall be paid to the Contractor along with the
Advance sanctioned. The GST paid along with advance shall be adjusted prorata
against the tax due upon supply of goods/services, based on the value of the
respective goods/services.

Further, subject to GCC clause 14.4, payment against GST shall be

restricted to total amount specified in BOQ Price Schedule.

I. Additional Advance Payment

An Additional Advance up to 5% of the Ex-works / Installation Services (including
Civil and Site Fabricated Structural Steel Works) price component, apart from the
Advance already provided for in the specified Terms of Payment, may be paid to
the Contractor which shall be interest bearing and against Bank Guarantee of
110% of the advance requested and covering the interest charges. The advance
amount shall be provided during various phases of Contract execution to meet
the requirement of payment by the Contractor to the contractor’s sub-vendors /
subcontractors but in aggregate shall not exceed 5% of the Ex- works /
Installation Service (including Civil and Site Fabricated Structural Steel Works)
Price Component. The advance amount shall be released in Indian Rupees only
and Tax implication, if any, shall be to the account of the Contractor.

While applying for advance under this provision, the contractor shall provide a
statement of past payment utilization evidencing the need for cash flow support
and also plan for utilization of the amount requested as per above. The advance
shall be provided in exceptional circumstances to enable work to be carried out.

The advance amount shall be transferred to an ESCROW account (to be opened

by the Contractor in any Scheduled Bank of India under intimation to the
Employer) and after availing the advance, the contractor will be required to
submit proof of utilization, as per the recovery plan submitted to Employer.

The advance amounts shall be interest bearing and rate of interest to be notified
by Employer from time to time. This advance shall not be lumpsum advance, but
shall be provided in phases to tide over the financial constraints being faced by
the contractor, along with the progress of work. The requirement of this advance
shall be with the approval of the Head of Project.

The recovery of the interest component on the advance amount shall be made
from subsequent progressive payments to be released to the contractor.

The period for which the interest to be calculated, shall be reckoned from the
date of release of the Additional Advance(s) to the actual date of release of
subsequent progressive payments as per the Plan to be agreed with the
Contractor.

The advance Amount shall be recovered from the milestone payments to be

agreed between Employer and the Contractor.

The format of Tri-Partite Escrow Agreement (between Employer, Contractor and

Escrow Bank) is enclosed herewith as Annexure-3 to APPENDIX-1.

J. Schedule No. 4: Amount linked to Safety Aspects/ compliance to Safety Rules

I. The amount linked to Safety Aspects/ compliance to Safety Rules shall be

paid in two parts, viz,

A) 10% amount (calculated as 0.1 Y of the service portion amount of RA bill) shall
be linked to Fatal/Major Accidents, and

B) 90% amount (calculated as 0.9 Y of the service portion amount of RA bill) shall
be linked to various Safety Aspects specified in Safety Rules of NTPC.
NOTE:

Amount linked to Safety Aspects/ Compliance to Safety Rules specified in

Price Schedule
Y = ----------------------------------------------------------------------------------------- X 100
Total amount for Service Portion of the Contract, i.e. Civil +
Installation/ Erection + Structural Works

II. While raising each RA Bill, Contractor shall claim Amount linked to Safety
Aspects/ Compliance to Safety Rules in such a manner that amount claimed is
equal to Y% of the service portion (Civil + Installation/ Erection + Structural
Works) of RA Bill.

III. The amount as elaborated at para J. I. shall be withheld from first and second
monthly RA bill of the respective quarter/three month period and shall be released
in part or full based on safety compliance duly certified by Project Manager and
Safety-in-charge on quarterly basis. The amount for the entire quarter (i.e. RA
bills raised during a 3 month period) shall be paid to the Contractors at the end of
that three months period along with 3rd/last RA Bill for the quarter/three months
period upon complying the following conditions:

A) Amount of RA Bill linked to Fatal/ Major Accidents (0.1Y as elaborated

above at para J.I.A)

Aforesaid amount (on quarterly basis) shall be payable to Contractor only in case,
there is

i) No fatal injury or accident causing death in that three months

period and

ii) No Major injury or accident causing 25% or more permanent disablement to

workmen or employees in that three months period. Permanent disablement
shall have the same meaning as indicated in The Workmen's Compensation
Act' 1923.

In case of any fatal injury or accident as elaborated above occurs during that three
month period, the stipulated amount (0.1Y) subject to minimum of Rs 10 Lakh
per fatality shall be forfeited and shall not be payable to the Contractor under the
contract. In case, the amount to be deducted/forfeited exceeds the amount linked
to Fatal/ Major Accidents, the same shall be recovered from remaining Amount
(0.9Y) linked to Compliance of Safety Rules and/or any other payments
immediately due to the Contractor under the Contract.

In case of any Major injury or accident causing 25% or more permanent

disablement to workmen or employees occurs during that three month period, Rs
4 lakh per Major injury shall be deducted from the amount (0.1Y) linked to
Fatal/ Major Accidents and shall not be payable to the Contractor under the
contract. In case, the amount to be deducted/forfeited exceeds the amount linked
to Fatal/ Major Accidents, the same shall be recovered from remaining Amount
(0.9Y) linked to Compliance of Safety Rules and/or any other payments
immediately due to the Contractor under the Contract.

Further, in case, Contractor doesn’t raise RA Bills in any three month

period/quarter and if any fatal injury and/or major accident takes place in that
period, Project Manager shall deduct the amount [Rs 10 Lakh per fatality and Rs 4
lakh per Major injury] pertaining to this particular quarter from his next RA
bill/due payment. In case, the amount to be deducted/forfeited exceeds the amount
linked to Safety, the same shall be recovered from any other payments
immediately due to the Contractor under the Contract.

The amount deducted/forfeited as mentioned above shall be in addition to the

compensation payable to the workmen / employees under the relevant provisions
of the Workmen's Compensation Act' 1923 and rules framed there under or any
other applicable laws as applicable from time to time.

B) Amount of RA Bill linked to Compliance of Safety Rules (0.9Y i.e. 90% of

amount as elaborated above at para J.I.B )

Aforesaid amount (on quarterly basis) shall be payable to Contractor in five equal
parts under five heads as under:

(i) Amount payable on deployment of required Safety Personnel

One fifth of the amount specified at J.III.B (calculated as 0.18Y of Service

portion amount of RA Bill), on quarterly basis, shall be paid upon
certification by Project Manager in consultation with Safety dept. that
required number of Safety personnel as per Clause 2.3 of ‘NTPC Safety
Rules for Construction and Erection of Power Plants’ [as enclosed with
GCC/SCC] have been deployed. The aforesaid amount linked to deployment
of requisite safety personnel shall be paid as under:

a) 50% of the amount referred at J.III.B.(i), for deployment of Safety

Supervisors shall be paid on pro-rata basis depending upon the actual no.
of Safety Supervisors deployed vis-à-vis actual requirement :

Amount to be paid = 0.09Y x Service portion of RA bill amount x (a/b)

Where ‘a’ is actual no. of Safety supervisors deployed

and

‘b’ is required no. of Safety supervisors as per Safety Rules.

In case, actual no. of Safety supervisors deployed is more than requisite
number (i.e. a/b is more than 1), the amount to be paid shall be restricted
to 0.09Y.

b) 50% of the amount referred at J.III.B.(i), for deployment of Safety

Officers shall be paid on pro-rata basis depending upon the actual no. of
Safety Officers deployed vis-à-vis actual requirement :

Amount to be paid = 0.09Y x Service portion of RA bill amount x (a/b)

Where ‘a’ is actual no. of Safety Officers deployed

and

‘b’ is required no. of Safety Officers as per Safety Rules.

In case, actual no. of Safety Officers deployed is more than requisite

number (i.e. a/b is more than 1), the amount to be paid shall be restricted
to 0.09Y.

c) In case aforesaid requisite no. of Safety personnel are not deployed by

Contractor, amount not to be paid as calculated above for that particular
quarter/three month period shall be forfeited and shall not be payable to
the Contractor under the contract.

(ii) Amount payable on providing requisite Personal Protective Equipment &

Safety Equipment
One fifth of the amount specified at J.III.B (calculated as 0.18Y of Service
portion amount of RA Bill), on quarterly basis, shall be paid upon
certification by Project Manager in consultation with Safety dept. that
Contractor has adhered to the requirements of Clause 4 (Personal Protective
Equipment) of ‘NTPC Safety Rules for Construction and Erection of Power
Plants’ and the provisions of the Bidding Documents with regards to number
of Safety Equipment/PPEs to be provided by the Contractor.

In case of non-compliance by Contractor, warning letter/Non-compliance

shall be issued by Project Manager /Safety Officer of NTPC as per clause
22.3.3 (ii) of GCC. Further, if more than two such warning letters/Non
Compliance Memos are issued in a quarter/three monthly period, above
mentioned amount for that particular quarter/three month period shall be
forfeited and shall not be payable to the Contractor under the contract.

(iii) Amount payable on providing requisite Safety Induction and Training

One fifth of the amount specified at J.III.B (calculated as 0.18Y of Service
portion amount of RA Bill), on quarterly basis, shall be paid upon
certification
by Project Manager in consultation with Safety dept. that Contractor has
adhered to the requirements of imparting Safety training as per Clause 8.0
(Safety Induction and Training) of ‘NTPC Safety Rules for Construction
and Erection of Power Plants to at least 90% of its employees/workmen
(who have not been previously provided with requisite training) in a quarter/
three months period.

In case Contractor fails in meeting the aforesaid requirement, above

mentioned amount for that particular quarter/three month period shall be
forfeited and shall not be payable to the Contractor under the contract.

(iv) Amount payable on providing requisite Medical and First Aid Amenities
One fifth of the amount specified at J.III.B (calculated as 0.18Y of Service
portion amount of RA Bill), on quarterly basis, shall be paid upon
certification by Project Manager in consultation with Safety dept. that
Contractor has adhered to the requirements of Clause 13 (Medical and First
Aid Amenities) of ‘NTPC Safety Rules for Construction and Erection of
Power Plants’.

In case Contractor fails to provide Medical and first aid amenities as per
requirement of aforesaid Clause 13 even on one incidence in any
quarter/three month period, above mentioned amount for that particular
quarter/three month period shall be forfeited and shall not be payable to the
Contractor under the contract.

(v) Amount payable on compliance to Work Permit System

In case of non-compliance by Contractor, warning letters/Non Compliance

Memos shall be issued by Project Manager /Safety Officer of NTPC as per
clause 22.3.3 (v) of GCC. In case of issuance of more than two such warning
letters/Non Compliance Memos in a quarter/three monthly period, above
mentioned amount for that particular quarter/three month period shall be
forfeited and shall not be payable to the Contractor under the contract.

IV. In case ‘Amount linked to Safety Aspects / compliance to Safety Rules’ is less than
2.0% of the cumulative total of Service Portion of the Contract, i.e. Civil
+ Installation/ Erection + Structural Works, the amount by which it is lower shall
be retained proportionately from the other components of Schedule-4 of the
Contract price while releasing payments of each RA bill. No interest shall be
payable on the amounts linked to Safety Aspects / Compliance to Safety Rules
including aforesaid retained amount. The amounts linked to Safety Aspects /
Compliance to Safety Rules including aforesaid retained amount shall be payable
in part or full based on safety compliance duly certified by Project Manager and
Safety-in-charge on quarterly basis.

(If Prices are quoted in foreign currency then SBI Bills Selling exchange rate as
on the date set for submission of Price bids shall be considered for the purpose of
computing installation percentage /retention amount).

K. Schedule - 8: 100% of each Type Test Charges shall be paid to the Contractor
upon conductance of the corresponding Type Test and Certification by the
Engineer thereon.

L. Schedule- 4 - Payment terms for Training (if applicable)

100% of amount for each training module shall be paid upon completion of the
corresponding module on certification by the Employer.

The basis for the pro-rata payments at S. No. M above shall be the Billing Break-
up (BBU) to be finalised subsequently after award of Contract.

M. Schedule - 4 : Payment Terms for Annual Maintenance Contract (AMC) (if

applicable)

The payment for AMC shall be made on monthly prorata basis on certification by
Employer's site representative regarding successful maintenance of the system
by the Contractor.
PAYMENT PROCEDURES

The Procedures to be followed in making application for, certifying and making

payments shall be as follows:

1. Payment Schedule/Price Break-up for Payments

1.1 The Contractor shall prepare and submit to the Engineer for approval, a break-up
of the Contract Price. The Contract Price break-up shall be interlinked with the
agreed detailed PERT network of the Contractor setting forth his starting and
completion dates for the various key phases of works prepared as per condition
in Clause 10 of GCC, Section- IV. Any payment under the Contract shall be
made only after the Contractor's price break-up is approved by the Engineer. The
aggregate sum of the Contractor's price break-up shall be equal to the lump sum
Contract Price.

1.2 The Billing Breakup for Mandatory Spares shall be submitted to the Employer for
approval as per the format enclosed as Annexure-1 to Appendix-1 indicating
therein the details such as Make, Model number, Drawing/ Datasheet number
and Part number of all spare items. The relevant drawings/ documents shall be
submitted along with the Billing Break up.

1.3 The Contractor shall, by the 15th April of every year, furnish the BBU value of
supplies sourced from Micro and Small Enterprises (MSEs) along with the total
BBU value of supplies dispatched by it during the preceding financial year as per
the format enclosed as Annexure-2 to this Appendix-1.

2. Currency of Payment

2.1 The Contract Price shall be paid in Indian currency only.

3. Application for Payment

3.1 The Contractor shall submit application for the payment in the proforma enclosed.

3.2 Every interim payment certificate shall certify the Contract Value of the Facilities
executed up to the date mentioned in the application for the payment certificate,
provided that no sum shall be included in any interim payment certificate in
respect of the Facilities that according to the decision of the Project Manager,
does not comply with the Contract, or has been performed, at the date of
certificate prematurely.

4. Due Dates for Payment

4.1 The advance payment amount shall be payable after fulfillment of all the
conditions laid down in the Terms of Payment (Appendix 1 to the Contract
Agreement) and receipt of the Contractor's invoice along with all necessary
supporting documents for such advance payment. Employer will make
progressive payment as and when
the payment is due as per the Terms of Payment set forth in Appendix 1 to the
Contract Agreement. Progressive payment other than that under the letter of
credit will become due and payable by the Project Manager within thirty (30) days
from the date of receipt of Contractor's bill/invoice/debit note by the Employer,
provided the documents submitted are complete in all respects.

4.2 In cases of any discrepancy observed by the Employer in Contractor’s bill,

clarifications shall be sought in writing by the Employer within ten (10) days from
the date of receipt of Contractor's bill/invoice/debit note by the Employer. The
Contractor shall be required to submit the requisite clarifications within ten (10)
days from the date of issuance of queries by the Employer. In case, no mutual
agreement is reached between the Employer and the Contractor on any part of
the bill/invoice, within ten (10) days of submission of clarification by the
Contractor, the Contractor shall issue a revised bill/invoice to avoid mismatch in
GST returns of the Employer and the Contractor. Payment against agreed and
admissible part shall be processed as per payment procedure within ten (10)
days after receipt of the revised bill/invoice. The bill/invoice for the balance
amount under question may be separately submitted for consideration of the
Employer after resolution of issues of payment by the Employer. In case of non-
submission of satisfactory clarification by the Contractor within the stipulated
period, NTPC shall not be liable for the delay in making payment. If the bill
submitted by Contractor is incorrect and has gross discrepancies, the bill shall be
summarily rejected and returned to the Contractor. In the event of dispute, the
same shall be settled as per GCC Clause (Settlement of Disputes).

4.3 The Employer has established a Vendor Payment portal where

Vendor/Contractor can submit their digital bill/invoice and track its status.

5. Mode of Payment

5.1 The Employer will establish an irrevocable Letter of Credit (L/C) in favor of the
Contractor through the Employer's Bank in Employer's country for payments due,
as per Terms of Payment, on dispatch of equipment including Mandatory Spares
i.e. Ex-works dispatch of equipment including Mandatory Spares. The value of
L/C will be as per payment schedule for each quarter and valid for a quarter. It
will be the responsibility of the Contractor to utilize the L/C to the fullest extent. In
case L/C has been established by the Employer and not utilized by the
Contractor, for reasons of delay attributable to him, all reinstatement charges for
the L/C for further period necessitated due to non-utilization of L/C will be to the
account of the Contractor.

5.2 The payment of the advance amount, Type Test Charges if any, price adjustment
amounts, all other supply payments, taxes and duties (wherever admissible)
inland transportation insurance, Installation Portion of the Facilities and Civil,
structural and allied works (if any) shall be made direct to the Contractor by the
Employer and no L/C shall be established by the Employer for such payments.
Wherever
technically feasible, such payments shall be made electronically only as per
details of Bank Account indicated in the contract. In case of any changes to the
bank account indicated in the contract, the contractor shall immediately inform
the employer. The Contractor shall hold the employer harmless and employer
shall not be liable for any direct, indirect or consequential loss or damage
sustained by the bidder on account of any error in the information or change in
Bank details provided to the employer in the prescribed form without information
to employer duly acknowledged.

6. For payments related to Erection / Civil / Site Fabricated Structural works

A single designated ESCROW account shall be opened by the Contractor in any

Scheduled Bank of India under intimation to Employer. All payments related to
Erection / Civil / Site Fabricated Structural works by the Employer due under the
contract to the Contractor shall be released into above-mentioned ESCROW
account set up as per the Tri-Partite Escrow Agreement between Employer,
Contractor and Escrow Bank. The payment shall be disbursed in accordance with
the mechanism set out in the Contract and Escrow Agreement. The purpose of
the Escrow Account would be to ensure that payments received under the
contract are solely used for implementation of the Contract. Under Tri-partite
Escrow Agreement, the Escrow Bank will agree to ensure that amounts received
in the ESCROW Account are utilized for making payments only to suppliers of
goods and services, statutory authorities, establishment expenses etc. as may be
required in the performance of the contract.
All expenses/charges for opening /operation (including Annual Fee) of the
Escrow Account shall be paid by the Contractor.
The draft agreement is annexed as Annexure-3 to this Appendix-1, which shall
be followed for executing Escrow Account Agreement.
The Detailed Operative Procedure and Terms and Conditions of Escrow Account
(Schedule III of draft agreement) shall be finalized between the Employer,
Contractor and the Escrow Bank within 15 days of the placement of award.
FORM OF APPLICATION FOR PAYMENTS

Project :
Equipment Package : Date :
Name of Contractor : Contract No. :

Contract Value : Contract Name :

Unit Reference : Applicable Serial
Number :
To.

...........................................................................................*
(Name of Employer)
Dear Sir
APPLICATION FOR PAYMENT

1. Pursuant to the above referred Contract Agreement dated................................

the undersigned hereby applies for payment of the sum of
..............................
................................................................(Specify amount and currency in which
claim is made).

2. The above amount is on account of : (check whichever

applicable) Advance payment (Schedule **)

Interim payment as advance (Schedule **)

Progressive payment against dispatch of equipment (Schedule **)

Progressive payment against receipt of equipment (Schedule **)

Progressive payment against Installation (Schedule **)

Inland transportation (Schedule **)

Inland insurance

Price adjustment

Extra work not specified in contract

(Ref. Contract change order No....................................)

Others (specify)

Final payment (Schedule **)

as detailed in the attached schedule(s) which form an integral part of this

application.

3. The payment claimed is as per item(s) No.(s)...................................... of the

payment schedule annexed to the above mentioned Contract.

4. The application consists of this page, a summary of claim statement (Schedule

**), and the following signed schedules

1 ...........................................................

2 ..........................................................

3 ..........................................................
The following documents are also enclosed :

1 ...........................................................

2 ..........................................................

3 ..........................................................

Signature of Contractor/
Authorised Signatory

* Application for payment will be made to 'Project Manager' as to be designated for

this purpose at the time of Notification of Award.

** Proforma for the Schedules will be mutually discussed and agreed to during the
finalization of the Contract Agreement.
Annexure-1 to Appendix-1

PROJECT : …………………………………………………………… CLIENT : …………………….

PACKAGE: ……………………………………………………………
TITLE : BILLING BREAK UP FOR MANDATORY SPARES CONTRACTOR : ……………………..
NOA REF : CS………
BILLING BREAKUP (BBU) NO. ……………………………………
:

Sl.No. Description Quantity Unit Unit Price Total Equipment Equipment Drawing / Part No. Remarks
Price Make Model Documents/Data
Sht no.
Annexure-2 to APPENDIX-1

Proforma for details to be furnished by the Contractor by 15 th April of every

financial year of supplies sourced from MSEs dispatched during the preceding
financial year.

Package Name:
Project Name:
Name of the Contractor:
COA No.:

Details of BBU value of supplies dispatched during the preceding financial year …… are
furnished here below:

BBU value of total supplies Out of the total supplies Percentage of supplies
dispatched dispatched, BBU value of sourced from MSEs
(A) supplies sourced from MSEs wrt total supplies
(B) dispatched
(in eqvt INR) (C = B*100/A)
(in eqvt INR) (%)

…………………….. ……………………… …………………….

In case of no supplies sourced from MSEs, mention ‘NIL’.

I, on behalf of M/s …………. (Contractor) hereby declare that the information furnished
above is correct.

Signature………………
Name…………………..
Designation and Seal……………………….
Annexure-3 to Appendix-1

(A sample Format of Escrow Agreement to be suitably modified

as per package specific requirement)

(To be executed on Non- Judicial Stamp Paper of Appropriate Value)

ESCROW AGREEMENT

ESCROW AGREEMENT (hereinafter referred to as this “Agreement”) is

entered into on this the day of 20 at .

BETWEEN:

M/S a Company incorporated under the laws of and

having its principal place of business at

(hereinafter
referred to as the “Employer", which expression shall, unless it is repugnant to
the subject or context thereof, include its successors and assigns) of the FIRST
PART;

AND

M/S a Company incorporated under the laws of and

having its principal place of business at

(hereinafter
referred to as the “Contractor", which expression shall, unless it is repugnant to
the subject or context thereof, include its successors, transferees and permitted
assigns) of the SECOND PART;

AND

M/S , a body corporate incorporated

under the laws of India and a banking company within the meaning of Section 5
(c) of the Banking Regulation Act, 1949 (10 of 1949) and having its registered
office
at in its
capacity as the Escrow Agent for the Contractor (hereinafter referred to as the
"Escrow Bank", which expression shall, unless it be repugnant to the subject or
context thereof, include its successors and permitted assigns) of the THIRD
PART.
The Employer, the Contractor and the Escrow Bank are individually referred to as
“Party” and collectively as “Parties”.
WHEREAS:

A. The Employer vide IFB No. dated

(“Tender”) had invited bids for
(“Package”) for
(“Project”).

B. Accordingly, the said “Contractor”, submitted its bid in response to the

above mentioned NIT.

C. Pursuant to the IFB and the bid submitted by the Successful Bidder /
Contractor, the Employer issued the Notification of Award dated -
bearing no. (“Notification of Award”)
and executed Contract Agreement Reference No.
dated (hereinafter called Contract).

D. In terms of Clause of the Contract/ General Conditions of

Contract/ Special Conditions of Contract, the Contractor is required to open
and maintain separately an Escrow Account with the Escrow Bank.

E. The Contractor have approached Bank to act

as an escrow agent and the Bank has
agreed to act as the Escrow Bank under this Escrow Agreement; and

F. Accordingly Parties are desirous of executing this Escrow Agreement to

set out the manner and procedure for operation of the escrow account and
other matters in connection therewith.

G. Additional Advance related to Ex works/Installation Services (including

Civil Works) under the Contract will be released by the Employer to the
Contractor in the Escrow Account. The Contractor is required to make
payment to suppliers of goods and services, statutory authorities,
establishment expenses etc as may be required in the successful
performance of the Contract.

Employer Contractor Escrow Bank

H. The Contractor is required to utilise the money collected in the Escrow
Account in accordance with the waterfall mechanism set out in this
Agreement.

I. In view of the aforesaid, the mutual covenants, and understandings

setforth herein, the Parties wish to enter into this Agreement for setting out
the terms and conditions to deal with all payments in accordance with the
requirements set out in the Bid Document.

NOW, THEREFORE, in consideration of the premises herein set forth and other
good and valid consideration, the receipt and adequacy of which are hereby
expressly acknowledged, the Parties with the intent to be legally bound hereby
agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 DEFINTIONS

In this Agreement the following words and expressions shall, unless

repugnant to the context or meaning thereof, have the meaning hereafter
respectively assigned to them.

Applicable Law means all applicable statutes, laws, by – laws, rules,

regulations, orders, ordinances, protocols, codes,
guidelines, policies, notices, directions, judgments,
decrees or other requirements or official directive of any
governmental authority or court or other law, rule or
regulation, approval from the relevant governmental
authority, government resolution, directive, or other
government restriction or any similar form of decision
of, or determination by, or any interpretation or
adjudication having the force of law in India.

Employer Contractor Escrow Bank

Business Day means a day other than a Sunday or a bank holiday on
which banks are normally open for business during
banking business hours in Delhi, India.

Contractor shall have the meaning as ascribed to it in Second Part

Employer shall have the meaning as ascribed to it in First Part.

Escrow Account shall mean the account in the name and style of
“ ” opened and
maintained by the Contractor in terms of
Clause of the Contract/ General Conditions
of Contract/ Special Conditions of Contract with the
Escrow Bank and operated in terms of this Escrow
Agreement.

Escrow Agreement shall mean this agreement, together with the schedules
hereto, as may be amended, modified or supplemented
from time to time, in accordance with its terms.

Escrow Bank shall have the meaning as ascribed to it in Third Part.

Notification of Award shall have the meaning as ascribed to it in Recital C.

Package shall have the meaning as ascribed to it in Recital A.

Project shall have the meaning as ascribed to it in Recital A.

Tender shall have the meaning as ascribed to it in Recital A.

1.2 PRINCIPLE OF CONSTRUCTIONS

In this Agreement, unless the context otherwise requires:

(a) reference to an Account includes a reference to any sub – account

of that Account;

Employer Contractor Escrow Bank

(b) reference to an "amendment" includes a supplement, modification,
novation, replacement or re-enactment and "amended" is to be
construed accordingly;

(c) a reference to "authorization" includes an authorization, consent,

clearance, approval, permission, resolution, license, exemption,
filing and registration;

(d) a reference to "control" includes the power to direct by contract or

otherwise;

(e) unless the context otherwise requires, the singular includes the
plural and vice versa;

(f) a reference to a Schedule is, unless indicated to the contrary, a

reference to a schedule to this Agreement;

(g) the words "other", "or otherwise" and "whatsoever" shall not be
construed ejusdem generis or be construed as any limitation upon
the generality of any preceding words or matters specifically
referred to;

(h) references to the word "includes" or "including" are to be construed

without limitation;

(n) all references to agreements, documents or other instruments

include (subject to all relevant approvals) a reference to that
agreement, document or instrument as amended, supplemented,
substituted, novated or assigned from time to time;

(o) any reference to a public organization shall be deemed to include

any successor to such public organization or any organization or
functions or responsibilities of such public organization;

(p) "year" "month" and "day" wherever used in this Agreement imply
that of English calendar;

Employer Contractor Escrow Bank

(q) words and abbreviations, which have, well known technical or trade
/ commercial meanings are used in the Agreement in accordance
with such meanings;

(r) A reference to times and dates in this Escrow Agreement are

references to times and dates in India.

(s) Any date or period as set out in any clause of this Escrow
Agreement may be extended with the written consent of the Parties.

(t) The Schedules form an integral and operative part of this Escrow
Agreement and references to this Escrow Agreement shall include
references to the Schedules.

2. APPOINTMENT OF ESCROW BANK

Each of the parties acknowledges that the Escrow Bank has been
appointed under this Escrow Agreement and that it shall discharge its
functions in accordance with the terms of this Escrow Agreement. Escrow
Bank hereby accepts the escrow arrangement hereby declared and
provided upon the terms and conditions set forth in this Escrow
Agreement.

3. ESTABLISHMENT OF THE ACCOUNTS

The Contractor has established with the Escrow Bank an account with its
branch, the details of which are provided in Schedule – II hereto, titled the
" Account". The Contractor acknowledges and
agrees that it shall maintain the Escrow Account.

4. OPERATING PROCEDURES

The Employer, the Contractor and Escrow Bank, have prior to execution
of this Agreement agreed on the detailed terms and conditions and
Operating

Employer Contractor Escrow Bank

Procedures for the Escrow Account (as set out in Schedule – III),
provided however, in the event of any inconsistency between this
Agreement and such mandates, terms and conditions or procedures, this
Agreement shall prevail.

Based on the request from the Contractor, the Employer will approve the
list of suppliers of goods and services, statutory authorities, establishment
expenses etc. to whom payments could be made and the same shall be
shared with the Escrow Bank from time to time.

All transfers and payments pursuant to this Agreement shall be in a

manner consistent with the operating procedures.

The Escrow Bank shall submit to the Employer the usage of monies
withdrawn from the Escrow Account together with a monthly statement
from the Escrow Bank evidencing receipt and withdrawal of funds into
and from the Escrow Account.

The Employer shall be entitled to verify the usage of funds withdrawn

from the Escrow Account.

At any time the Employer is entitled to seek an account statement from the
Escrow Bank and such evidence of usage of funds by the Contractor from
the Escrow Account as required by the Employer.

5. OBLIGATIONS OF THE CONTRACTOR

Nothing contained in this Agreement shall affect the obligations of the

Contractor under the Bid Documents or Contract Agreement as set out
above.

The Contractor shall simultaneously deliver a copy to the Employer of any

notice or document delivered to the Escrow Bank pursuant to this
Agreement.

6. ESCROW BANK SERVICE CHARGES AND EXPENSES

Employer Contractor Escrow Bank

The Contractor shall pay, on demand, all the usual and customary service
charges, transfer fees, account maintenance, account acceptance, statement,
investigation, funds transfer and any other charges as are levied by the
Escrow Bank as mutually agreed and such other out of pocket expenses as
are claimed by the Escrow Bank (collectively, the "charges") in connection
with the Escrow Account. In addition the Contractor has agreed to pay one-
time bank escrow service charges of Rs. plus applicable Goods
and Service Tax. Contractor shall deposit the one- time bank escrow service
charges in to the Escrow Account within three Business Days of the
opening of the Escrow Account and/ or shall deposit the charges from time
to time of such demand by the Escrow Bank. In the event Contractor fails to
make the timely payment to the Escrow Bank of the one-time bank escrow
service charges and/or the charges, the Escrow Bank shall have the right to
withdraw such amounts from the Escrow Account as is necessary for the
payment of the one-time bank escrow service charges and charges, in which
case Contractor shall replenish the Escrow Account with such amounts
equivalent to the amounts withdrawn by the Escrow Bank within
Business Days of such withdrawal.

7. ESCROW BANKS’S DUTIES AND LIABILITIES

7.1 The Escrow Bank shall have only those duties, obligations and
responsibilities expressly specified in this Escrow Agreement and shall have
no duties, obligations or responsibilities which are implied or inferred by law
or otherwise.

7.2 The duties of the Escrow Bank under this Escrow Agreement are purely
ministerial, administrative and non-discretionary in nature. Neither Escrow
Bank nor any of its directors, officers, agents and employees shall, by reason
of anything contained in this Escrow Agreement, be deemed to be a trustee
for or have any fiduciary relationship with the parties. Where the Escrow
Bank has acted in accordance with this Escrow Agreement, it shall be
deemed to have acted as if instructed to do so by the Employer

7.3 The Escrow Bank shall not be required to expend or risk any of its own funds

Employer Contractor Escrow Bank

or otherwise incur any liability, financial or otherwise, in the performance of
any of its duties under this Escrow Agreement.

7.4 The Escrow Bank shall not be precluded by virtue of this Escrow Agreement
(and neither shall any of its directors, officers, agents and employees or any
company or persons in any other way associated with it be precluded) from
entering into or being otherwise interested in any banking, commercial,
financial or business contacts or in any other transactions or arrangements
with the parties or any of their affiliates provided such transactions or
arrangements are not contrary to the provisions of this Escrow Agreement.

7.5 The Escrow Bank shall not be bound or affected, in its capacity as Escrow
Bank, in any way by the Agreement or any agreement or contract between
Parties to which the Escrow Agent is not a party. The Escrow Bank, in its
capacity as an escrow bank, is deemed not to have any knowledge of any
provision of the Agreement or any other document unless the substance of
such provisions is explicitly set forth in this Escrow Agreement. The Escrow
Bank shall not in any way be required to determine whether or not the terms
and conditions of the Agreement or any other agreement or contract between
the Parties to which the Escrow Bank is not a party have been complied with.
Furthermore, the Escrow Bank is deemed not to have any knowledge or
notice of any fact or circumstance not specifically set forth in this Escrow
Agreement.

7.6 The Escrow Bank may, in good faith, accept and rely on any notice,
instruction or other document received by it under this Escrow Agreement as
conclusive evidence of the facts and of the validity of the instructions stated
in it and as having been duly authorised, executed and delivered and need not
make any further enquiry in relation to it. The Escrow Bank may act in
conclusive reliance upon any instrument or signature believed by it, acting
reasonably, to be genuine and may assume, acting reasonably, that any
person purporting to give receipt, instruction or advice, make any statement,
or execute any document in connection with the provisions of this Escrow
Agreement has been duly authorised to do so. The Escrow Bank shall be
under no duty to inquire into or investigate the validity, accuracy or content
of any such document.

7.7 The Escrow Bank shall not be liable to any person for any losses arising out

Employer Contractor Escrow Bank

of or in connection with the performance or non-performance of its
obligations under this Escrow Agreement, except to the extent directly
resulting from the wilful default or gross negligence of the Escrow Bank.

7.8 The Escrow Bank may execute any of its powers and perform any of its
duties under this Escrow Agreement directly or through appointed agents or
attorneys.

7.9 ‘Force Majeure Event’ means any event (including but not limited to an act
of God, fire, epidemics, natural calamities; riots, civil commotion or unrest,
terrorism, war, strikes or lockouts; expropriation or other governmental
actions; any changes in applicable law or regulation including changes in
market rules, currency restrictions, devaluations or fluctuations; market
conditions affecting the execution or settlement of transactions or the value
of assets; and breakdown, failure or malfunction of any telecommunication
and information technology systems beyond the control of any Party which
restricts or prohibits the performance of the obligations of such Party
contemplated by this Agreement.

The Escrow Bank shall not be held liable for any loss or damage or failure to
perform its obligations hereunder, or for any delay in complying with any
duty or obligation, under or pursuant to this Agreement arising as a direct or
indirect result of any Force Majeure Event.

7.10 The Escrow Bank may at its cost, consult with, and obtain advice from its
lawyers or professional advisers over any question in relation to, and its
duties under this Escrow Agreement. The Escrow Bank shall not incur any
liability for taking any action or omitting any action in accordance with such
advice.

7.11 The Escrow Bank does not have any proprietary or other interest in the
Escrow Account, but is to serve as escrow holder only and having only
possession thereof.

7.12 The Escrow Bank shall not be liable or responsible for obtaining any
regulatory or governmental or other approval in connection with or in
relation to the transactions contemplated herein and shall not be in any
manner obliged to inquire or consider whether any regulatory or
governmental approvals have

Employer Contractor Escrow Bank

been obtained.

7.13 The Escrow Bank shall not be obliged to supervise, control or perform any
acts or responsibilities of the First Party or the Second Party or any other
third party.

7.14 Any act to be done by the Escrow Bank shall be done only on a Business
Day, during banking business hours, at , India and in the event that
any day on which the Escrow Bank is required to do an act, under the terms
of this Escrow Agreement, is a day on which banking business is not, or
cannot for any reason be conducted, then the Escrow Bank shall do those acts
on the next succeeding Business Day.

7.15 The Escrow Bank is under no duty to ensure that funds withdrawn from the
Escrow Account are actually applied for the purpose for which they were
withdrawn; neither the Escrow Bank nor any of its officers, employees or
agents shall be required to make any distribution to the extent that the
Escrow Amount is insufficient and shall incur no liability whatsoever from
any non- distribution in such circumstances.

7.16 The Parties agree that the Escrow Bank shall not be, in any way, responsible
or liable to the other Parties or any third person whosoever, for deduction or
withholding of any taxes in relation to the transaction for which the Escrow
Account has been established pursuant hereto and the contractor
acknowledge and confirm that they shall be solely and absolutely liable for
any and all deductions or withholdings and payments of taxes, levies, cesses
and all other statutory dues in relation thereto. The Contractors confirm that
they shall be, jointly and severally, liable for payment of all stamp duties
payable in relation to this Agreement as well as any other instruments
executed pursuant hereto and the Escrow Bank shall not be responsible or
liable for the same, under any circumstances.

Employer Contractor Escrow Bank

7.17 The Parties agree that Escrow Bank is acting in its capacity as an escrow
agent only and shall not be deemed to act as an investment, legal or tax
adviser to the Parties in the performance of its obligations under the Escrow
Agreement.

7.18 Notwithstanding what is stated herein, in no event shall the Escrow Bank be
liable for incidental, indirect, special, punitive or consequential damages
caused to the Parties.

8. NOTICE OF BREACH

The Escrow Bank to the best of its knowledge undertakes to the Employer
that it shall notify the Employer of any breach by the Contractor of any of
the provisions of this Agreement.

9. INDEMNITY

The Contractor shall indemnify and keep indemnified the Parties for any
and all liabilities, obligations, losses, damages, penalties, actions,
judgments, suits, costs, expenses, claims or disbursements of any kind or
nature whatsoever which may be imposed upon, incurred by or asserted
against the Parties in any way in connection with or arising out of the
negotiation, preservation or enforcement of any rights under, or in
carrying out its duties under this Agreement, other than those arising as a
result of the Escrow Bank's gross negligence or willful default.

The Contractor shall indemnify and keep indemnified the Escrow Bank for
any and all liabilities, obligations, losses, damages,

(a) acting upon any request sent by facsimile, if such facsimile was found
to be sent in an unauthorized manner; or

(b) not acting upon any request if such facsimile was sent but not received
by the concerned person of the Account Bank.

The obligations of the Contractor under this Agreement to indemnify and

Employer Contractor Escrow Bank

keep indemnified the parties shall survive the satisfaction, discharge or
other termination of this Agreement and the resignation or removal of the
Escrow Bank under this Agreement.

10. CONFIDENTIALITY

No Party may except as permitted by this Escrow Agreement, make public

or disclose to any person any information about this Escrow Agreement.

The Obligations under this clause shall survive the termination or expiry of
this agreement.

11. ASSIGNMENT

Save as provided in Clause of the General Conditions of the Contract of

the Employer, the Contractor shall not assign or transfer any part of their
respective rights or obligations under this Agreement without the prior
consent of the Employer, provided that this shall not prevent Employer
from assigning or transferring its rights under this Agreement.

Nothing in this Agreement shall give to any other Person (other than the
Parties hereto and their successors and permitted assigns) any benefit or
any legal or equitable right or remedy under this Agreement.

This Agreement shall be binding on and shall inure to the benefit of the
Parties hereto and the respective successors and permitted assigns.

12. NOTICES

All notices or other communications to be given under this agreement shall

be made in writing to:

For the Employer:

(Name of the Employer)

Attention (Designation of Employee)

Employer Contractor Escrow Bank

Address
------------------------------------------------
------------------------------------------------
--.
Fax No.
Tel No.

For the Contractor:

(Name of the Contractor)

Attention (Designation of Employee)

Address
------------------------------------------------
------------------------------------------------
--.
Fax No.
Tel No.

For the Escrow Bank:

(Name of the Escrow Bank)

Attention (Designation of Employee)

Address
------------------------------------------------
------------------------------------------------
--.
Fax No.
Tel No.

Change of Address

Any Party may by notice change the addresses and / or addresses to

Employer Contractor Escrow Bank

which such notices and communications are to be delivered or
mailed. Such change shall be effective when all the Parties have
written notice of it.

14. WAIVER

No failure or delay on the part of the Employer in exercising any right,

power or privilege hereunder or under Contract shall impair any such
right, power or privilege or operate as a waiver the Employer would
otherwise have. No notice to or demand on the Contractor in any case
shall entitle the Contractor to any other or further notice or demand in
similar or other circumstances or constitute a waiver of the rights of the
Employer to any other or further action in any circumstances without
notice or demand.

15. SEVERABILITY

If any provision of this Agreement is held invalid, unenforceable or illegal,

the offending provision shall be severed from this Agreement and the
remaining parts of this Agreement shall remain in full force and effect.

16. AMENDMENTS

No amendment to this Agreement shall be binding unless in writing and

signed by the Parties.

17. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with

Indian laws.

18. DISPUTE RESOLUTION

In the event of any difference or dispute arising out of the interpretation or
application of the provisions of this Agreement, the Parties shall
immediately consult each other with the view to expeditiously resolve such
differences or disputes in a spirit of mutual understanding and co-
operation. In case a

Employer Contractor Escrow Bank

dispute is not resolved amicably between the parties within a period of 30
days;

In case any of the party is not a Public Sector Enterprise or a Govt.

Department:

The same shall be referred to arbitration of a Sole Arbitrator to be

appointed by the Employer. The Arbitration proceedings shall be conducted
in accordance with Arbitration and Conciliation Act, 1996 and any
amendment thereto. The Courts at Delhi, to the exclusion of all other courts
in India, shall have exclusive jurisdiction to try any matter arising out of or
connected with the said arbitration proceedings. The arbitration shall be in
English and the venue of the arbitration proceedings shall be at New Delhi.
Arbitration may commence prior to or after completion of the Contract.

In case the Parties are Public Sector Enterprise or a Government

Department:

In case the parties are a Public Sector Enterprise or a Government

Department, the dispute shall be referred for resolution in Permanent
Machinery for Arbitration (PMA) of the Department of Public Enterprise,
Government of India. Such dispute or difference shall be referred by either
party for Arbitration to the sole Arbitrator in the Department of Public
Enterprise to be nominated by the Secretary to the Government of India
in- charge of the Department of Public Enterprises. The award of the
Arbitrator shall be binding upon the parties to the dispute, provided,
however, any party aggrieved by such award may make a further reference
for setting aside or revision of the award to the Law Secretary, Department
of Legal Affairs, Ministry of Law & Justice, Government of India. Upon
such reference the dispute shall be decided by the Law Secretary or the
Special Secretary / Additional Secretary, when so authorized by the Law
Secretary, whose decision shall bind the Parties finally and conclusively.
The Parties to the dispute will share equally the cost of arbitration as
intimated by the Arbitrator.

Employer Contractor Escrow Bank

19. JURISDICTION

The parties irrevocably submit to exclusive jurisdiction of the Courts of

Delhi in all matters arising under this Agreement.

20. REGULATORY APPROVALS

The Contractor shall procure and shall thereafter maintain and comply
with all regulatory approvals required for the establishment and operation
of the Accounts and the making of any deposits, transfers or withdrawals
and for the performance of its obligations under this Agreement.

21. NOTIFICATION OF BALANCES

Within days following the end of each calendar month, the Escrow
Bank shall notify the Employer of the balance in the Account and furnish
a statement of the deposits into and payment out of the Accounts at the
close of business of such calendar month.

22. COUNTERPARTS, ANNEXURES, SCHEDULES

This Agreement may be executed in several counterparts, each of which

shall be deemed an original, but all of which together shall constitute one
and the same agreement.

23. MISCELLENOUS

The Escrow Bank shall be responsible for maintaining a correct and

complete record of all transactions, deposits, withdrawals or transfer of
funds relating to the Accounts.

The Escrow Bank shall not make any transfer or withdrawal from the
Escrow Account except as provided for in this Agreement.

Employer Contractor Escrow Bank

SCHEDULE – I

1. First Part Details:

2. Second Part Details;

3. Third Part Details;

Employer Contractor Escrow Bank

SCHEDULE – II

DETAILS OF ESCROW ACCOUNT

Particulars and
Address of the
Branch Office of the
Escrow Bank for the
Escrow
Account
IFSC Code
Account Name and
Account Number
of Escrow Account

Employer Contractor Escrow Bank

SCHEDULE – III

TERMS & CONDITIONS

AND
OPERATING PROCEDURES

Deposits into Escrow Account

 Additional advance Payments related to Ex works/Installation Services

(including Civil Works) under the Contract will be released by the Employer
to the Contractor in this Escrow Account as per the provisions agreed in the
Contract.

Release/ Withdrawal of Funds from the Escrow Account

 Based on the request from the Contractor, the Employer will approve the
list of suppliers of goods and services, statutory authorities, establishment
expenses etc. to whom payments could be made and the same shall be
shared with the Escrow Bank from time to time for releasing the funds.

Note: Detailed Operating Procedure in this schedule, shall be finalised between

Employer, Contractor & Escrow Bank at the time of signing of this Agreement.

Employer Contractor Escrow Bank

IN WITNESS WHEREOF the Contractor has caused its Common Seal to be
affixed hereto on the date first above written, the Employer, and the Escrow Bank
have caused the same and the said counterparts to be executed by the hand of an
authorized official.

SIGNED AND DELIVERED BY

…… (Name of Employer), the
within named EMPLOYER, by the
hand of
authorized representative of the
Employer, who has been authorized
to execute this Agreement.

THE COMMON SEAL OF

M/s

the within named

CONTRACTOR, has pursuant to
the Resolutions of its Board of
Directors passed in that
behalf on

hereunto been affixed in the presence

of MD and Company Secretary who
has signed these presents in token
thereof

SIGNED AND DELIVERED BY

,
the within named ESCROW
BANK, by the hand of

………………………….……….

Its Authorised Representative.

Employer Contractor Escrow Bank

APPENDIX - 2
PAGE 1 OF 16

PRICE ADJUSTMENT

(i) The Contract Price shall be subject to price adjustment during performance of
the Contract to reflect changes in the cost of labour and material components
etc. in accordance with the provisions described below.

(ii) The price adjustment provisions shall be applicable separately for price
components relating to supply of Equipment and Erection, as per price break-up
furnished by the Contractor in respective Schedules.

(iii) Only following components of the Contract Price will be subject to Price
adjustment:

(a) Ex-Works (India) price of plant and equipment excluding Type Tests
Charges and Mandatory Spares manufactured within the Employer's
Country (covered in prescribed Schedule).

(b) Installation Services (excluding Civil Works Price) component of the

Contract Price.

(c) Civil and Structural Works Price Component (covered in prescribed

Schedule).

(iv) Price adjustment amounts towards aforesaid components of Contract Price shall
be paid in the respective currencies of Contract.

(v) The indices for price adjustment shall necessarily be of the country of origin of
goods/labour and shall be well established and nationally recognised in the
country of manufacture. Preferably, Government indices shall be used.

(vi) The price adjustment formula for the components of the Contract Price, as
mentioned at Sl. No. (iii) above shall be as stipulated hereinafter.

(vii) Ex-Works price component of Plant and Equipment (excluding mandatory

spares and Type Tests Charges):

It is understood that the price component of the equipment for any shipment /
despatch comprises of a fixed portion (designated as 'F' and the value of which is
specified hereunder) and a variable portion linked with the indices for various
materials and labour (description and coefficients as enumerated below).
APPENDIX - 2
PAGE 2 OF 16

The amount of price adjustment towards variable portion payable/recoverable on

each shipment/despatch shall be computed as under :

EC = EC1 - EC0

EC1 will be computed as follows :

A1 B1 C1
EC1= EC0 { F + a x ----- x + b x ----- x + c x ------ x + .........
A0 B0 C0

L1
+ Lb x ------- x b}
L0

Where

EC = Adjustment to Ex-Works price component expressed in the

currency of the Contract payable to the contractor for each
shipment/despatch.

EC1 = Adjusted amount of Ex-works price component expressed in the

currency of the Contract payable to the Contractor for each
shipment/despatch.

ECo = Ex-works price for the plant and equipment in the currency of the
Contract, shipment/despatchwise.

- F shall be fixed portion of the Ex-works component of the Contract

Price.

- a, b, c etc. shall be co-efficients of major materials/items involved

in the Ex-works component of the Contract Price.

- A, B, C etc. shall be published price indices of corresponding

major materials/items. Such indices shall necessarily be of the
country of origin of goods.

- 'Lb" shall be co-efficient for labour component in the ex-works

price component of the Contract Price.

'L' shall be labour index.

APPENDIX - 2
PAGE 3 OF 16

f1, f2, f3 ... = f1, f2, f3 are Exchange rate correction factors for the respective
fLb materials and fLb is the exchange rate correction factor for labour
with reference to the currency of the country of origin of index and
the respective contract currency, such that

Zo
f = -------
Z1

where Z is the no. of units of the currency of the country of the origin of index,
which is equivalent to one unit of the respective contract currency. The exchange
rates to be used for calculation of factor 'f' shall be as per Bills Selling Exchange
Rates established by the STATE BANK OF INDIA.

For the indices, Subscript 'o' refers to indices as on 30 days prior to date set for
opening of Techno-Commercial Bids except in case of 'Z0'. For 'Z0' subscript 'o'
refers to value as on the date of opening of Price Bids.

Subscript '1' refers to indices/exchange rates as of :

(a) three months (for labour indices) / ninety (90) days (for exchange rates)
prior to the date of shipment/despatch and

(b) at the expiry of two third (2/3) period from the date of Notification of
Award to the date of shipment/despatch, for material.

For the purpose of this clause the date of shipment/despatch shall mean the
Schedule date of shipment/despatch or actual date of shipment/despatch,
whichever is earlier. The schedule date of shipment/despatch shall be as
identified in line with provisions of Time Schedule, Appendix-4 to the Contract
Agreement.

In case of shipments/despatches which are delayed beyond the schedule date of

shipment/despatch for reasons attributable to the Contractor the price adjustment
provision shall not be applicable for the period of time between the schedule date
of shipment/despatch and the actual date of shipment/despatch. For this
purpose, the schedule date of shipment/despatch shall be as identified in line
with provisions of Time Schedule, Appendix-4 to the Contract Agreement.

The above formula for price adjustment will be applicable if the currency in which
the contract price is expressed is different from the currency of the country of
origin of labour and material indices. In other case, formula shall be applied
without the exchange rate correction factor 'f'.
APPENDIX - 2
PAGE 4 OF 16

(viii) Installation Price Component (excluding Civil Works of the Contract) :

It is understood that the price component for any erection work comprises a fixed
portion and a variable portion linked with the index of labour (description and co-
efficients as enumerated).

The monthly price adjustment amount for the installation component of the
Contract Price will be computed separately for Indian currency and for foreign
currency portion, if any, related to expatriate supervision/labour as per the
formula given below :

ER = ER1 - ERo

ER1 will be computed as follows :

ER1 = ER0 (0.15 + 0.5 X 0.85X L1 / L0 + 0.5X 0.85 X W1 / W0 )

Where:

ER = Adjustment to Installation Price component of contract price

expressed in Indian Rupees payable to the Contractor for each
billing.

ER1 = Adjusted amount of Installation Price component of Contract Price

expressed in Indian Rupees payable to the Contractor for each
billing.

ER0 = Value of the Installation work done in the billing period, which shall
be calculated as under :

For the purpose of computing ERo, each installation bill (which is

excluding Initial Advance and amount payable on successful
completion of Performance & Guarantee test) during the
Installation period upto the 'Completion of the Facilities' shall be
divided by a factor as indicated below:

Installation component of the - [Initial Advance amount +

Contract Price Installation component of the
Contract Price payable on
successful completion of
Performance & Guarantee
Tests]

-------------------------------------------------------------------------------------
Installation component of the Contract Price
APPENDIX - 2
PAGE 5 OF 16

The payment of price adjustment amount so computed (refer Sr.

No. E, Appendix-1) shall be made against a separate invoice,
linking the corresponding invoice for Installation payment after
retaining the pro-rata amount due on Completion of the
Performance & Guarantee Tests. (The amounts so retained shall
be paid progressively on successful completion of Performance &
Guarantee Tests).

Lb = Coefficient of labour (for all categories) content in the Indian

Rupee Portion of the Installation Services

L = Indian field labour index Namely, All India Consumer Price Index
for Industrial Workers (All India Monthly Average) as published by
Labour Bureau, Simla, Government of India

W = Arithmetical average of Minimum Wages for Unskilled, Skilled,

Semiskilled and Highly skilled workers notified by the Central
Government for the particular classified Area in which the project
site is located or notified by the State Government of the state in
which the project site is located, whichever is higher

Subscript 'o' refers to indices / minimum wages as on 30 days prior to deadline

set for submission of the Price bids.
Subscript '1' refers to the indices / minimum wages as applicable for the month
of execution of the Installation work.

In case there is a revision in the applicable minimum wages during a month,

calculation of 'W1' would take into consideration the weighted average of the
applicable wages (wage before revision and wage after revision) and the number
of days of applicability of such wages in the month.

For the purpose of this clause, month of execution of installation work shall mean
the schedule month of execution of the installation work or actual month of
execution of the installation work, whichever is earlier. The schedule date for
completion of a particular installation activity shall be as identified in line with
provisions of Time schedule, Appendix-4 to the Contract Agreement.

In case of installation activities which are delayed beyond the schedule date for
reasons attributable to the contractor, the price adjustment provision shall not be
applicable for the period of time between the schedule date of completion and
actual date of completion of the respective installation activity. For this purpose,
the schedule date for completion of a particular installation activity shall be as
identified in line with provisions of Time Schedule, Appendix-4 to the Contract
Agreement.
(b) Foreign Currency portion of the Installation Price (Applicable for
International Competitive Bidding (ICB) tenders only))
EE = EE1 - EE0
EE1 will be computed as follows:
EE1 = EE0 (0.15 + 0.85 EF1 x f)
------
EF0
Where

EE = Adjustment to Installation Price component of Contract Price

expressed in foreign currency payable to the Contractor for each
billing.
APPENDIX - 2
PAGE 6 OF 16

EE1 = Adjusted amount of Installation Price component of Contract Price

expressed in foreign currency payable to the Contractor for each
billing.

EEo = Value of foreign currency portion of Installation work done in the

billing period which shall be calculated as under:

For the purpose of computing EE0, each bill (which is excluding

Initial Advance and amount payable on successful Completion of
the Performance & Guarantee tests) during the Installation period
upto the 'Completion of the Facilities' shall be divided by a factor
as indicated below:

Installation component of the - [Initial Advance amount +

Contract Price Installation component of the
Contract Price payable on
successful completion of
Performance & Guarantee
Tests]

--------------------------------------------------------------------------------------
Installation component of the Contract Price
The payment of price adjustment amount so computed (refer
S.No. E, Appendix-1) shall be made against a separate invoice,
linking the corresponding invoice for Installation payment after
retaining the pro-rata amount due on sucessful completion of the
Performance & Guarantee Tests. (The amount so retained shall
be paid progressively on successful completion of the
Performance & Guarantee Tests).

EF = Index for Expatriate field labour component of the Installation work. Such
index shall necessarily be of the country of nationality of the
labour.

f = Exchange rate correction factor for expatriate labour with

reference to currency of country of origin of index for expatriate
labour and the respective contract currency, such that

Zo
f = -------
Z1

where Z is the no. of units of the currency of the country of origin of index, which
is equivalent to one unit of the respective contract currency. The
APPENDIX - 2
PAGE 7 OF 16

exchange rates to be used for calculation of factor 'f' shall be as per Bills Selling
Exchange Rates established by the STATE BANK OF INDIA.

For the indices, subscript 'o' refers to indices as on 30 days prior to date set for
opening of Price Bid except in case of 'Z o'. For 'Zo', subscript 'o' refers to value as
on the date of opening of Price Bid.

For the indices, subscript '1' refers to the indices as applicable for the month of
execution of the erection work. For the exchange rates, subscript '1' refers to the
exchange rates as applicable on the last day of the month of execution of the
erection work. For the purpose of this clause, month of execution of erection
work shall mean the schedule month of execution of the erection work or actual
month of execution of the erection work, whichever is earlier. The schedule date
for completion of a particular erection activity shall be as identified in line with
provisions of Time schedule, Appendix-4 to the Contract Agreement.

The above formula for foreign exchange portion of Installation Component of

Contract Price shall be applicable if the currency in which the contract price has
been expressed is different from the currency of country of origin of indices for
foreign labour. In other cases, the formula shall be applied without exchange
rate correction factor 'f'.

ix) Price Adjustment for Civil Works component of the Contract Price:

The prices quoted by the bidder shall be base price, which will be subjected to
price adjustment in accordance with the conditions and formula prescribed herein
and further subject to satisfying the requirement specified in this clause.

A fixed percentage of the civil works component of the contract price shall be firm
and shall not be subject to any price adjustment. The balance portion of the civil
works component of the contract price shall be subject to price adjustment on
account of changes in materials and labour as detailed below:

CV = CV1 - CVo

CV1 will be computed as follows :

M1f1 D1f2 S1f3 C1f4 L1 W1

CV1 = CVo (Fc + m x ----- + d x ----- + s x ------ + c x ----- + Lb x {0.5 x ----- + 0.5 x ---- } )
Mo Do So Co Lo Wo
APPENDIX - 2
PAGE 8 OF 16

Where,

CV = Adjustment to Civil Works Price component of contract price expressed in

Indian Rupees payable to the Contractor for each billing period.

CV1 = Adjusted contract price i.e. value of work done after application of above
price adjustment formula in the billing period.

CVo = Base contract price, subject to price adjustment, i.e. the value of the Civil
Works done in the billing period as per the monthly billing schedule for
which the price adjustment is to be calculated

CVo shall be calculated as under :

Each Civil Works bill (which is excluding initial advance and amount
payable on completion of Guarantee test) during the Civil Works period
upto the completion of the facilities' shall be divided by a factor as
indicated below :

Civil Works Component of - {Initial Advance + Civil Works Component

the contract price of the contract price payable after successful
completion of Performance and Guarantee Test}
——————————————————————————————————————
Civil Works Component of the Contract Price

Fc = Fixed portion of the contract price for civil work price component which
will not be subjected to any adjustment under this formula, which shall be
0.20.

m = Coefficient of material (excluding cement & steel) content in the cost of

civil portion of the work which will be 0.23.

d = Coefficient of High Speed Diesel (P.O.L.) content in the cost of civil

portion of the work which will be 0.02.

s = Coefficient of Ferrous Metals content in the cost of civil portion of the

work which will be 0.30.

c = Coefficient of cement content in the cost of civil portion of the work which
will be 0.10.

Lb = Coefficient of labour (for all categories) content in the cost of civil portion
of the work which will be 0.15.

M = Material Index, namely, Index No. of wholsale price under group. "All
Commodities" as published by Office of the Economic Advisor,
Government of India.

D = High Speed Diesel Oil price, namely price of High Speed diesel oil, at
Pump Station of India Oil Corporation nearest to the project site. (selling
price inclusive of taxes and duties as per litre of H.S.D. Oil)
APPENDIX - 2
PAGE 9 OF 16

S = Index for steel content shall be *“Mild Steel-Long Products”/ “Mild Steel-
Flat Products”, as published by Office of the Economic Advisor,
Government of India.

C = Index for cement content shall be *“Pozzolana cement”, as published by

Office of the Economic Advisor, Government of India.

L = Labour Index, namely, Consumer Price Index for Industrial Workers

(Gen.) applicable to "All India" as published by Labour Bureau. Shimla of
the Govt. of India.

W = Arithmetical average of Minimum Wages for Unskilled, Skilled,

Semiskilled and Highly skilled workers notified by the Central
Government for the particular classified Area in which the project site is
located or notified by the State Government of the state in which the
project site is located, whichever is higher.

Subscript

'o' = Refers, to the values of above mentioned minimum wages, labour /

material/steel/cement indices, or diesel price as on 7 days prior to
deadline set for submission of the Price bids.

'1' = Refers to values of corresponding minimum wages, labour /

material/steel/cement indices, or diesel price as applicable for the month
prior to month in which the work is executed.

In case there is a revision in the applicable minimum wages during a

month, calculation of 'W1' would take into consideration the weighted
average of the applicable wages (wage before revision and wage after
revision) and the number of days of applicability of such wages in the
month.

For the purpose of this clause, month of execution of civil work shall
mean the schedule month of execution of Civil work or actual month of
execution of Civil Work, whichever is earlier. The schedule date for
completion shall be as identified in line with provisions of Time Schedule,
Appendix-4 to the Contract Agreement.

In case of Civil Works activities which are delayed beyond the schedule
date for reasons attributable to the contractor, the price adjustment
provision shall not be applicable for the period of time between the
schedule date of completion and actual date of completion of the
respective Civil Work activity. For this purpose, the schedule date for
completion of a particular Civil Work activity shall be as identified in line
with provisions of Time Schedule, Appendix-4 to the Contract Agreement.

f1, f2
f3, f4
fLb = f1, f2, f3, f4 are exchange rate correction factors for respective materials
and fLb is the exchange rate correction factor for labour with reference to
the currency of the country of index and the respective contract currency.
such that
Zo
f = ---------
Z1
APPENDIX - 2
PAGE 10 OF 16

where Z is the no. of units of the currency of the country of origin of the index, which is
equivalent to one unit of the respective contract currency. The exchange rates to be
used for calculation of factor 'f' shall be as per Bills Selling Exchange Rates established
by the STATE BANK OF INDIA.

The payment of price adjustment amount so computed (refer S.No. F, Appendix-1) shall
be made against a separate invoice, linking the corresponding invoice for Installation
payment after retaining the pro-rata amount due on successful completion of the
Performance & Guarantee Tests. The amount so retained shall be paid progressively on
successful completion of the Performance & Guarantee Tests.

The above formula for price adjustment will be applicable if the currency in which the
contract price is expressed is different from the currency of the country of origin of labour
and material indices. In other case, formula shall be applied without the exchange rate
correction factor 'f'.

(x) Structural Works Price Component (for Site fabricated structural works covered in
Schedule 4)

It is understood that the Structural Works Price Component comprises a fixed portion
(designated as 'F' and the value of which is specified hereunder) and variable portion
linked with the indices for various materials and labour (description and coefficients as
enumerated below).

The amount of price adjustment towards variable portion payable/recoverable shall be

computed as follows :

ESW = ESW1 - ESWo

ESW1 will be computed as follows:

A1 B1 C1 D1 L1 W1
ESW 1 = ESWo (Fs + a x ----- + b x ----- + c x ------ + d x ----- + Lb x {0.5 x ----- + 0.5 x ---- } )
Ao Bo Co Do Lo Wo

Where,

ESW = Adjustment to Structural Works Price Component expressed in the

currency of the Contract.

ESW1 = Adjusted amount of Structural Works Price Component expressed in the

currency of the Contract.
APPENDIX - 2
PAGE 11 OF 16

For the purpose of computing ESWo, each structural bill (which is

excluding initial advance and amount payable on completion of
Performance and Guarantee test) during the structural work period upto
the completion of the facilities' shall be divided by a factor as indicated
below :

Structural Component of -
{Initial Advance amount + structural component
the contract price of the contract price payable after successful
completion of Performance and Guarantee Test}
——————————————————————————————————————
Structural Component of the Contract Price

The payment of price adjustment amount so computed shall be made against a separate
invoice, linking the corresponding invoice for Structural Work Portion of Installation
payment after retaining the pro-rata amount due on Completion of the Guarantee Tests.
The amount so retained shall be paid on successful completion of the Guarantee Tests.

- The fixed portion of the Structural Works Price Component (Fs) shall be
0.20.

- a, b, c & d shall be co-efficient of major materials/items involved in the

Structural Works Price Component of the Contract Price.

- A, B, C, D shall be published price indices of corresponding major

material/items.

- "Lb" shall be co-efficient for labour component for Structural Works Price
Component of Contract Price which shall be 0.15.

- L shall be Labour Index, namely, Consumer Price Index for Industrial

Workers (Gen.) applicable to "All India" as published by Labour Bureau.
Shimla of the Govt. of India.

W shall be Arithmetical average of Minimum Wages for Unskilled, Skilled,

Semi-skilled and Highly skilled workers notified by the Central
Government for the particular classified Area in which the project site is
located or notified by the State Government of the state in which the
project site is located, whichever is higher.

- Sum of all the material co-efficient and the labour coefficient shall be
0.80.

Subscript '0' refers to indices/minimum wages as on 7 days prior to

deadline set for submission of the Price bids.

Subscript '1' refers to the indices/minimum wages as applicable for one

month prior to the month of execution of the structural work except
"Structural Steel". For structural steel the index, '1' refers to the indices as
applicable for 90 days prior to the month of execution of the structural
work.

In case there is a revision in the applicable minimum wages during a

APPENDIX - 2
PAGE 12 OF 16

For the purpose of this clause, month of execution of structural work shall
mean the schedule month of execution of the structural work or actual
month of execution of Structural Work, whichever is earlier. The schedule
date for completion shall be as identified in line with provisions of Time
Schedule, Appendix-4 to the Contract Agreement.

In case of Structural Works activities which are delayed beyond the

schedule date for reasons attributable to the contractor, the price
adjustment provision shall not be applicable for the period of time
between the schedule date of completion and actual date of completion of
the respective Structural activity. For this purpose, the schedule date for
completion of a particular Structural activity shall be as identified in line
with provisions of Time Schedule, Appendix-4 to the Contract Agreement.

f1, f2,
f3, f4,fLb = f1, f2, f3 and f4 are Exchange rate correction factors for the respec-
tive materials and fLb is the exchange rate correction factor for labour with
reference to the currency of the country of index and the respective
contract currency such that

Zo
f = --------
Z1

The above formula for price adjustment will be applicable if the currency in which the
contract price is expressed is different from the currency of the country of origin of labour
and material indices. In other case, formula shall be applied without the exchange rate
correction factor 'f'.

(xi) The following components of the contract price shall not be subject to price adjustment
and shall remain firm during the execution of the Contract :

(1) Ocean Freight and Marine Insurance for Plant and Equipment, Mandatory spares
and Recommended spares.

(2) Ex-works price component for Mandatory spares & Recommended Spares.

(3) Inland Transportation charges (including Inland Transit Insurance, port

clearance, port handling & port charges) for plant & equipment and Spare Parts.

(4) Type Test Charges

(xii) The value of co-efficients and the source of applicable Indices and their base values for
the purpose of computing price adjustment under the Contract shall be as under:
APPENDIX - 2
PAGE 13 OF 16

A. Ex-factory Price component of the Equipment (excluding Spares and Type Test
charges) *
-------------------------------------------------------------------------------------------------------
Sl. Item Value of Name of Value of Indices as
No. Co-efficient Published on 30 days prior to
index and date set for Submission
its origin of Price Bid
-------------------------------------------------------------------------------------------------------
Material

1. Steel Material a= ...................... ...............................

2. Conveyor Belting b= ...................... ..............................

3. Other Major Mate- c= ...................... .................................

rials/items (to be
specified by bidder)

Labour l= ...................... .................................

Fixed Complement F = 0.20 ...................... ................................

-------------------------------------------------------------------------------------------------------

i) Value of coefficient 'a' shall be between 0.31 to 0.37.

ii) Value of coefficient 'b' shall be between 0.06 to 0.07.

iii) Value of coefficient 'c' shall be between 0.13 to 0.16.

iv) Sum of all material coefficients a+b+c indicated above shall be between 0.50
to.0.60.

v) The labour coefficient "l" shall be between 0.20 to 0.30.

vi) Sum of all material coefficients and labour coefficients shall be 0.80.

vii) Sum of F, a,b,c & I should be equal to 1.0.

APPENDIX - 2
PAGE 14 OF 16

B. Installation Price Component *

-----------------------------------------------------------------------------------------------------------------------------
Sl. Item Value of Name of Published Value of Indices as
No. Co-efficient Index and its origin on 30 days prior to
date set for submission
of Price Bid.
-----------------------------------------------------------------------------------------------------------------------------

1. Fixed Portion F = 0.15 ------------- ----------

2. Indian Field 0.85 -----------

Labour (F) :

The indices used for Indian Field Labour are (i) All India Consumer Price Index for
Industrial Workers (All India Monthly Average) published by Labour Bureau, Simla,
Government of India and (ii) Arithmetical average of Minimum Wages for Unskilled,
Skilled, Semi-skilled and Highly skilled workers notified by the Central Government for
the particular classified Area in which the project site is located or notified by the
State Government of the state in which the project site is located, whichever is higher.

(i) The value of the All India Consumer Price Index for Industrial Workers (All India
Monthly Average) published by Labour Bureau, as on 30 days prior to the date set for
submission of price bids is................................

(ii) The value of the Arithmetical average of Minimum Wages for Unskilled, Skilled,
Semi-skilled and Highly skilled workers notified by the Central Government for the
particular classified Area in which the project site is located or notified by the State
Government of the state in which the project site is located, whichever is higher, as on
30 days prior to the date set for submission of price bids is................................
APPENDIX - 2
PAGE 15 OF 16
-----------------------------------------------------------------------------------------------------------------------------
C. Civil Works Price Component
-------------------------------------------------------------------------------------------------------
Sl. Item Value of Name of Published Value of Indices as
No. Co-efficient Index and its origin on 7 days prior to
date set for Submission
of Price Bid.
----------------------------------------------------------------------------------------------------------------------------------------

1. Material (excluding m = 0.23 Index No. of wholesale price ................

Cement & Reinfor- under group "All Commodities"
cement Steel) as published by the Office of
the Economic Advisor, GOI.

2. High Speed d = 0.02 Index for High speed Diesel Oil Price ...............
Diesel Oil Con- at Pump Station of Indian Oil Corp
tent in the cost nearest to project site
of civil portion
of work

3. Reinforcement s = 0.30 Index for Steel content ” Mild Steel-Long ...............

Steel content in Products “/ “Mild Steel Flat Products”,
the cost of civil as published by the Office of
portion of work the Economic Advisor, GOI.

4. Cement content c = 0.10 Index for "Pozzolana cement” ...............

in the cost of as published by the Office of
civil portion of the Economic Advisor, GOI.
work

5. Labour content Lb = 0.15 (i) 0.5 x Lb =0.5 x 0.15 Consumer ...............

in the cost price index for industrial workers
of civil portion (All India General) as published
of works by Labour Bureau, Simla, GOI/RBI
(ii) 0.5 x Lb = 0.5 x 0.15 Arithmetical
average of Minimum wages for
Unskilled, Skilled, semi-skilled
and skilled workers notified by
Central Government for the
classified Area in which the
Project site is located or notified
by the State Government of the
state in which the project site is
located, whichever is higher.

6. Fixed Portion F = 0.20 ...................... .........................

-------------------------------------------------------------------------------------------------------
APPENDIX - 2
PAGE 16 OF 16

D Structural Works Price Component (if covered in Schedule 4)*

---------------------------------------------------------------------------------------------------------------------------------------
Sl. Item Value of Name of Published Value of Indices as on
No. Co-efficient index and its origin seven (7) days prior to
date of submission of
Price bids
---------------------------------------------------------------------------------------------------------------------------------------
Material:

1. Steel a = 0.50 ............................. .............................

2. Welding Rod b = 0.05 ............................. .............................

3. Oxygen c = 0.05 ............................. .............................

4. Other Organic d = 0.05 ............................. .............................

Chemicals

Labour : Lb = 0.15 ............................. .............................

Fixed Component : Fs = 0.20 ............................. .............................

---------------------------------------------------------------------------------------------------------------------------------------

* The above information shall be filled in at the time of Contract Agreement signing based
on price adjustment data offered by the successful bidder in relevant Attachment to Bid
Form of Price Bid.

** Sheets of like size and format shall be annexed in case no. of currencies are more.
APPENDIX - 3
PAGE 1 OF 3

INSURANCE REQUIREMENTS

(I) Insurance to be taken by the Contractor :

In accordance with the provisions of GCC Clause 34, the Contractor shall at his
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 herein. 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.
-----------------------------------------------------------------------------------------------------------------------------
Insurance Amount insured Deductible Conditions
-----------------------------------------------------------------------------------------------------------------------------
A. Marine Cargo (i) 110% of Ex-works value in case (i) Employer to be named as
of plant & equipment and Type coinsured
Tests Charges including all (ii) Open policy
spare parts manufactured (iii) All risk institute cargo clause
within the Employer's Country. Not applicable 'A'
(iv) War, SRCC, terrorism.
(v) Institute replacement clause,
special replacement clause
(Air duty) and deferred
unpacking clause
(ii) Applicable taxes and (vi) Insurers right of subrogation
duties against all parties (excluding
carrier) waived.
(iii) Escalation 5% on (vii) Warehouse to warehouse
(i) & (ii) basis.

B. Installation (i) 110% of Ex-works Minimum (i) Installation risk, RSMTD,

all risk value of plant & as per including Earthquake cover
equipment including insurance (ii) Air freight cover.
Type Test Charges policy (iii) Extra charge cover.
(iv) Maintenance cover
(ii) Applicable taxes and (v) Contractor's plant &
duties machinery - Rs. 100 lakhs.
(iii) Cost of indigenous (vi) Cross liability.
procurement and (vii) Additional custom duty for
free issue materials imported machine (if any) for
(iv) Cost of erection works adequate value.
(iv) Cost of Civil, Structural & Allied works (viii) Employer & Contractor's
(iv) 10% escalation on (i) (ii), (iii), (iv) & (v) Sub-Contractor to be named
as co-insured.

C. Third Party For any one occurrence Nil (i) Contractors, sub-contractors
liability Rs. 50.00 lakhs to be named as co-insured.
(Extension of
MCE/EAR
Policy)
APPENDIX - 3
PAGE 2 OF 3

-----------------------------------------------------------------------------------------------------------------------------
Insurance Amount insured Deductible Conditions
-----------------------------------------------------------------------------------------------------------------------------

D. Automobile liability

(i) M.V. policy for

motor vehicles,
private cars &
commercial vehicles ----------------------- As per local M.V. Act.

(ii) CPM policy for Anything above

heavy construction Rs.100 lakhs covered
equipment under erection all
risk policy

E. Workmen's Compensation As per statute

F. Employer's liability As per statute

Cumulative to workmen's com-
pensation to cover liability
not covered thereby.

G. Group personal insurance,

for contractor's & sub-
contractor's employees

------------------------------------------------------------------------------------------------------------------------------------------------------------

Note :

1. The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GCC 34.1 except for Third Party Liability, Workman's
Compensation and Employer's Liability Insurances and the Contractor's Sub-
Contractors shall be named as co-insured under all insurances policies taken out by
the Contractor pursuant to GCC 34.1, except for the Cargo insurance during transport,
Workman's Compensation and Employer's Liability Insurances. 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.

2. Notwithstanding the insurance requirements mentioned above, it would be the

Contractor's responsibility to take adequate insurance cover as may be pertinent to
protect his interest and interest of the Employer. If at any point of time during execution
of the Contract, the insurance policies are found to be inadequate, the Contractor shall
take fresh insurance policies meeting aforesaid requirements. The Employer reserves
the right to make suitable recovery from the Contractor, if any.
APPENDIX - 3
PAGE 3 OF 3

3. Any loss or damage to the plant and equipment during handling, transportation,
storage, installation, commissioning, and all activities to be performed till the
"Completion of Facilities" shall be to the account of the contractor. The contractor shall
be responsible for preference of all claims and make good the damages or loss by way
of repairs and/or replacement of plant and equipment damaged or lost.
Notwithstanding the extent of insurances cover and the amount of claim available from
the underwriter, the contractor shall be liable to make good the full
replacement/rectification of all the equipment/materials and to ensure their availability
as per project requirement without additional financial liability to the Employer.

The insurance should be in freely convertible currency and insurance policy to be

taken should be on replacement value basis and/or incorporating appropriate
insurance clause.

The Contractor shall follow local acts and laws as may be prevalent for insurance.

4. Upon grant of extension of time for completion by Employer, the Contractor shall
promptly furnish documentary evidence to Project Manager towards extension of
insurance policies for the period of time extension.

II) Insurances to be taken by the Employer.

The Employer shall take the insurance for its own employees, its stores and its
machinery.
APPENDIX - 4
TIME SCHEDULE

1.0 It is clearly understood and agreed that time is the essence of this Contract and shall be strictly
adhered to by the Contractor. The program of furnishing, erecting, testing, commissioning and
completion of facilities identifying the key phases in various areas of work like design,
procurement, manufacture, field activities shall be as per detailed PERT Network/L2 Schedule
enclosed as Annexure-I. As per this detailed PERT Network, the key milestones for
completion of facilities are as under

Schedule
Sl. Activity / Description of Milestones Duration in months from NOA
No.
Start Finish

(Milestones shall be as per Section III BDS)

2.0 After the Notification of Award, the contractor shall plan the sequence of work of manufacture
and erection to meet the above stated dates of successful completion of facilities and shall
ensure all work, manufacture, shop testing, inspection and shipment of the equipment in
accordance with the required construction/erection sequence.

3.0 Within one month of the Notification of Award, the Contractor shall submit to the Employer for
his review and approval two copies (one reproducible and one print) of detailed PERT
Network/L2 Schedule with master network activities further exploded based on the Master
Network mutually agreed by the employer and contractor, showing the logic and duration of
the activities covered in both the First and Second Contracts in the following areas:

Engineering, procurement, manufacturing and supply, detailed engineering, procurement

(including brought out items), manufacturing, despatch, shipment, receipt at site and activities
related to civil works, erection, commissioning and completion of facilities.

4.0 Detailed Manufacturing Program

Detailed Manufacturing PERT Network for all the manufacturing activities and Contractor/sub-
Contractors works shall also be furnished within 60 days of Notification of award. The
manufacturing network shall be supported by detailed procurement program for critical bought
out item/raw materials.

5.0 Pre-Erection Activity Program

The erection network will be supported by detailed Pre-erection activity program covering the
following:

A) Manpower Deployment
B) T&P Mobilization
C) Detailed Site Mobilization Plant

Any Tools & Plants (T&P) required for satisfactory execution of the Contract and to meet the
time schedule specified in this Appendix-4 shall be mobilised by the Contractor as per
direction
of the Project Manager without any extra cost to the Employer. (The list of such essential
Tools & Plants (T&P) to be deployed by the Contractor, if any finalised before Notification of
Award, shall be enclosed as Appendix-II to this Appendix-4).

6.0 Within one week of approval of the network schedule, the Contractor shall forward to the Project
Manager, copies of the Computer Initial run-Data. The type of outputs and number of copies of
each type to be supplied by the Contractor shall be determined by the Project Manager.

7.0 All the networks shall be updated every month or at a frequency mutually agreed upon. Within
seven days following the Monthly Review, a progress meeting shall be held, whenever
possible at the works, wherein the major items of the plant or equipment are being produced.
The meeting will be attended by the Project Manager and responsible representative of
Contractor that the Project Manager consider necessary for the meeting.

8.0 Access to the Contractor's and Sub-Contractor's work shall be granted to the Project Manager
at all reasonable times for the purpose of ascertaining the progress.
ANNEXURE - I TO APPENDIX - 4

MASTER NETWORK
The Master Network as per para 1.0 of Appendix-4
shall be enclosed as Annexure-I to Appendix-4
ANNEXURE - II TO APPENDIX - 4

LIST OF TOOLS & PLANT TO BE DEPLOYED BY THE CONTRACTOR

-----------------------------------------------------------------------------------------------------------------------------
Sl. No. Description of T&P Qty. to
be
deploye
d (nos.)
-----------------------------------------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------
LIST OF SAFETY PLANT AND EQUIPMENT AND PPE TO BE DEPLOYED BY THE
CONTRACTOR

Sl. Suggested List of Safety Equipment and Minimum Quantity*

No. Safety Personal Protective Equipment

1. Safety Net (Conforming IS 11057:1984) 50 nos

Safety Net (Net Size: 10m x 5m, Mesh Size:

25 mm, Mesh Rope: 2mm double cord,
Border/Tie Cord: 12mm diameter
polypropylene rope (tested as per IS:
5175).Two metres length shall be provided at
all four corners.
2. Fall Arrester 'Rope grab fall arrester' &
anchorage line.

Anchorage Line: 14mm- 16 mm diameter, 10 nos ( 30 m long each)

three strand twisted Polyamide rope.

Rope Grab fall arrester: Openable & Guided

type Fall Arrestor (on flexible line) conforming 20 nos
EN 353-2 & works on 14-16 mm diameter
polyamide rope. material: Nickel Chrome
plated Steel

Connector: Karbiner conforming to EN 362 20 nos

(Minimum Strength 22 KN), material: Steel
3. Horizontal life line

Stainless Steel Wire rope of 8mm diameter. 20 nos ( 25 m long each)

Minimum six nos. of steel U-bolt clips are
required for clamping each wire rope to a rigid
support (03 nos. of U-bolt clips at each end).
4. Ladders on column

The minimum design live load on metallic Cumulative length of ladders is 200 m
ladder shall be a single concentrated load of
100 kilo grams. All rungs shall have a
minimum diameter of 1.90 centimeters, and
minimum clear length of rungs shall be 40.6
centimeters. The distance between rungs shall
not exceed
30.5 centimeters. Each ladder shall have
maximum height of 9.0 metre.
The ladder shall have proper fastenings for
attaching it to a column using positive means
such as bolt, weld or other type of fasteners.

5. Safety PPEs ( Industrial Safety helmet &

Industrial Safety Shoes)

Industrial Safety Helmet (IS:2925-1984 150 nos

marked).
Sl. Suggested List of Safety Equipment and Minimum Quantity*
No. Safety Personal Protective Equipment

Industrial Safety/Electrical Shoes (IS:15298- 150 nos

2002 marked).

Full body Safety Harness (conforming IS:3521)

30 nos
APPENDIX - 5
PAGE 1 OF 1

LIST OF SUB-CONTRACTORS

PART 1. Nominated Sub-Contractors

In the event that the employer wishes to nominate any particular Sub-Contractors for
the undertaking of any part or parts of the Works, these shall be identified and named
by the Employer in the following schedule prior to the issue of the Bidding Documents.

Full details shall be given of the part of the Works to be executed, and the names and
addresses of the Sub-Contractors to whom the part of the Works is to be sub-
contracted by the Bidder. Where more than one name is given for any part of the
Work, the Bidder shall be free to select any of the named Sub-Contractors for that part.

Item of Work Nominated Sub-Contractor

NIL

PART 2 Approved Sub-Contractors

(Prior to award of Contract the following details shall be completed indicating those
Sub- contractors proposed by the Bidder by Attachment to his Bid which are approved
by the Employer for engagement by the Contractor during the performance of the
Works).

The following Sub-Contractors are approved for carrying out the item of work indicated.
Where more than one Sub-contractor is listed, the Contractor is free to choose
between them but he must notify the Employer of his choice in good time prior to
appointing any selected Sub-Contractor. In accordance with Clause GCC 19.1, the
Contractor is free to submit proposals for additional Sub-Contractors from time to time.
No Sub-Contracts shall be placed with any such additional Sub-Contractors until they
have been approved in writing by the Employer and their names added to this list of
Approved Sub- Contractors.

Sl.No. Item of Work Approved Sub-Contractors Nationality

APPENDIX - 6
PAGE 1 OF 1

SCOPE OF WORKS AND SUPPLY BY THE EMPLOYER

The facilities, works, supplies and personnel to be provided/supplied by the Employer shall
be as per Technical Specifications and the provisions of GCC Clauses 10, 21 and 24 shall
apply as appropriate.

All facilities, works, supplies and personnel to be provided by the Employer shall be as
described in Technical Specifications and the same 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.
APPENDIX - 7
PAGE 1 OF 1

LIST OF DOCUMENTS FOR REVIEW AND APPROVAL

A. Approval

B. Review

3.
APPENDIX - 8
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FUNCTIONAL GUARANTEES

The functional guarantees shall be as per Section-VI (Technical Specifications).

6. PERFORMANCE SECURITY FORM
6. Performance Security Form (Bank Guarantee)

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

Bank Guarantee No.............

Date......................................
To,
[Employer's Name & Address]

Dear Sirs,

In consideration of the ................................ [Employer's Name] ........................ (hereinafter referred to

as the ‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include
its successors, administrators and assigns) having awarded to M/s.................... [Contractor's
Name]............................ with its Registered /Head Office at ............................ (hereinafter referred to
as the ‘Contractor’, which expression shall unless repugnant to the context or meaning thereof,
include its successors administrators, executors and assigns), a Contract by issue of Employer’s
Notification of Award No. ................ dated........... and the same having been unequivocally accepted
by the contractor, resulting into a Contract bearing No.............. dated ........... valued
at ................... for
......................... and the Contractor having agreed to provide a Contract Performance Guarantee for
the faithful performance of the entire Contract equivalent to ..........(*)..........% (.......... percent) of the
said value of the Contract to the Employer.

We ................[Name & Address of the Bank].................having its Head Office at

...........................(hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to
the context or meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Employer, on demand any and all monies payable by the
Contractor to the extent of ..................(*).................... as aforesaid at any time up to
.........................(@)...................... [days/month/year] without any demur, reservation, contest,
recourse or protest and/or without any reference to the Contractor. Any such demand made by the
Employer on the Bank shall be conclusive and binding notwithstanding any difference between the
Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. The Bank undertakes not to revoke this guarantee during its currency without
previous consent of the Employer and further agrees that the guarantee herein contained shall be
enforceable till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under
this guarantee, from time to time to extend the time for performance of the Contract by the Contractor.
The Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might have against the
Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained or implied, in the Contract between the Employer and the
Contractor or any other course or remedy or security available to the Employer. The Bank shall not be
released of its obligations under these presents by any exercise by the Employer of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act or forbearance or
other acts of omission or commission on the part of the Employer or any other indulgence shown by
the Employer or by any other matter or thing whatsoever which under law would, but for this
provision, have the effect of relieving the Bank.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to
.........................(*)......................... and it shall remain in force upto and including
.....................(@)...................... and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s .......[Contractor's Name}............ on whose behalf this
guarantee has been given.
Dated this ............................. day of .................... 20.................. at...........................................

WITNESS :

1. .................................................... ..........................................................
(Signature) (Signature)

.................................................... ..........................................................
(Name) (Name)

.................................................... ..........................................................
(Official Address) (Designation with
Bank Stamp)

Authorised Vide Power of

Attorney No.......................................

Date...................................................

2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

Notes :1. (*) This sum shall be three percent (10%) of the Contract Price.

(@) This date will be ninety (90) days beyond the Defect liability period as specified
in the Contract.

2. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as

per Stamp Act prevailing in the state(s) where the BG is submitted or is to be acted
upon or the rate prevailing in State where the BG is executed, whichever is higher. The
Stamp Paper/e-stamp paper shall be purchased in the name of Bidder/Bank issuing
the guarantee.

3. While getting the Bank Guarantee issued, the Contractor is required to ensure
compliance to the points mentioned in Form 16B- Form of Bank Guarantee Verification
Check List. Further, the Contractor is required to fill up this Form 16 and enclose the
same with the Bank Guarantee.

4. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the
Bidding Documents.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note
of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-
I/AMT-1/2014-15/370 dated 04.09.2014 (attached with Section-V of Bidding
Documents.
6a. Performance Security Form

(In case of Contract awarded to Joint Venture)

Bank Guarantee No.............

Date......................................
To,
[Employer's Name & Address]

Dear Sirs,

In consideration of the ................................ [Employer's Name] ........................ (hereinafter referred to

as the ‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include
its successors, administrators and assigns) having awarded to a Joint Venture consisting of
M/s.................... [1st Partner's Name]............................ with its Registered /Head Office at
............................ and M/s.................... [2nd Partner's Name]............................ with its Registered
/Head Office at ............................ (hereinafter referred to as the ‘Contractor’, which expression shall
unless repugnant to the context or meaning thereof, include its successors administrators, executors
and assigns), a Contract by issue of Employer’s Notification of Award No. ................ dated........... and
the same having been unequivocally accepted by the contractor, resulting into a Contract bearing
No.............. dated ........... valued at ................... for ......................... and the Contractor having agreed
to provide a Contract Performance Guarantee for the faithful performance of the entire Contract
equivalent to ..........(*)..........% (.......... percent) of the said value of the Contract to the Employer.

We ................[Name & Address of the Bank].................having its Head Office at

...........................(hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to
the context or meaning thereof, include its successors, administrators, executors and assigns) do
hereby guarantee and undertake to pay the Employer, on demand any and all monies payable by the
Contractor to the extent of ..................(*).................... as aforesaid at any time upto
.........................(@)...................... [days/month/year] without any demur, reservation, contest,
recourse or protest and/or without any reference to the Contractor. Any such demand made by the
Employer on the Bank shall be conclusive and binding notwithstanding any difference between the
Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any
other authority. The Bank undertakes not to revoke this guarantee during its currency without
previous consent of the Employer and further agrees that the guarantee herein contained shall be
enforceable till ninety (90) days after expiry of its validity.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to
.........................(*)......................... and it shall remain in force upto and including
.....................(@)...................... and shall be extended from time to time for such period (not
exceeding one year), as may be desired by Joint Venture consisting of M/s....................
[1st Partner's
Name]............................ and M/s………………. [2nd Partner's Name]............................ with its
Registered /Head Office at ...........................on whose behalf this guarantee has been given.

Dated this ............................. day of .................... 20.................. at...........................................

WITNESS :

1. .................................................... ..........................................................
(Signature) (Signature)

.................................................... ..........................................................
(Name) (Name)

.................................................... ..........................................................
(Official Address) (Designation with
Bank Stamp)

Authorised Vide Power of

Attorney No.......................................

Date...................................................

2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

Notes :1. (*) This sum shall be three percent (10%) of the Contract Price.

(@) This date will be ninety (90) days beyond the Defect liability period as specified
in the Contract.

2. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as

4. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the
Bidding Documents.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note
of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-
I/AMT-1/2014-15/370 dated 04.09.2014 (attached with Section-V of Bidding
Documents.
Form 6b. Insurance Surety Bond towards Performance Security

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No. ........................

Date..................................................

To,

[Employer's Name & Address]

Dear Sirs,

In consideration of the ................................ [Employer's Name] ........................ (Hereinafter

referred to as the ‘Employer’ which expression shall unless repugnant to the context or
meaning thereof, include its successors, administrators and assigns) having awarded to
M/s.................... [Contractor's Name]............................ with its Registered /Head Office
at ............................ (Hereinafter referred to as the ‘Contractor’, which expression shall
unless repugnant to the context or meaning thereof, include its successors administrators,
executors and assigns), a Contract by issue of Employer’s Notification of Award
No. ................ dated........... and the same having been unequivocally accepted by the
contractor, resulting into a Contract bearing No.............. dated ..........., valued
at ................... for ......................... and the Contractor having agreed to provide a Contract
Performance Guarantee for the faithful performance of the entire Contract equivalent
to ..........(*)..........%(.......... percent) of the said value of the Contract to the Employer.

We ................[Name & Address of the Insurer].................having its Head Office

at ...........................(hereinafter referred to as the ‘Insurer’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, on
demand any and all amount payable by the Contractor to the extent of ..................
(*).................... as aforesaid at any time up to .........................(@)......................
[days/month/year] without any condition, demur, reservation, contest, recourse or protest
and/or without any reference to the Contractor. Any such demand made by the Employer
on the Insurer shall be conclusive and binding notwithstanding any difference between the
Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator
or any other authority. The Insurer undertakes not to revoke this Insurance Surety Bond
during its currency and or any period extended under the contract, without prior consent of
the Employer and further agrees that the guarantee herein contained shall be enforceable
till ninety (90)
days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the
Insurer under this Insurance Surety Bond, from time to time to extend the performance of
the Contract by the Contractor for the purpose of which, the Insurer shall be liable to extend
the validity of the present Insurance Surety Bond without any demur, condition, protest and
the Insurer shall at no point in time have an option of revoking the same, The Employer
shall have the fullest liberty, without affecting this Insurance Surety Bond, to postpone from
time to time the exercise of any powers vested in them or of any right which they might
have against the Contractor, and to exercise the same at any time in any manner, and
either to enforce or to forbear to enforce any covenants, contained or implied, in the
Contract between the Employer and the Contractor or any other course or remedy or
security available to the Employer. The Insurer shall not be released of its obligations under
these presents by any exercise by the Employer of its liberty with reference to the aforesaid
or any of them or by reason of any other act or forbearance or other acts of omission or
commission on the part of the Employer or
any other indulgence shown by the Employer or by any other matter or thing whatsoever
which under law would, but for this provision, have the effect of relieving the Insurer.
The Insurer also agrees and undertakes that the Employer at its option shall be entitled to
enforce this
Insurance Surety Bond against the Insurer as a Surety, in the first instance without
proceeding against the Contractor and notwithstanding any security or other guarantee that
the Employer may have in relation to the Contractor’s liabilities.

Notwithstanding anything contained hereinabove our liability under this Insurance Surety
Bond is restricted to .........................(*)......................... and it shall remain in force upto and
including .....................(@)...................... and shall be extended from time to time for such
period (not exceeding one year), as may be desired by M/s .......[Contractor's
Name}............ on whose behalf this Insurance Surety Bond has been given.

Dated this ............................. day of .................... 20..................

at...........................................

WITNESS :

1. ....................................................
..........................................................
(Signature) (Signature)
....................................................
..........................................................
(Name) (Name)
....................................................
..........................................................
(Official Address) (Designation with
Insurer Stamp)

Authorised Vide
Power of
Attorney
No.......................................
Date...........................................
........
2. ....................................................
(Signature)
....................................................
(Name)
....................................................
(Official Address)

Notes : 1. (*) This sum shall be ten percent (10%) of the Contract Price.

(@) This date will be ninety (90) days beyond the Defect liability period as specified
in the
Contract.

2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by
Insurance Regulatory and Development Authority of India (IRDAI).

3. The Employer shall be the Creditor, the Contractor shall be the Principal debtor and the
Insurance company/Insurer shall be the Surety in respect of the Insurance Surety Bond to
be issued by the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of

appropriate value as per Stamp Act prevailing in the state(s) where the Insurance Surety
Bond is submitted or is to be acted upon or the rate prevailing in State where the Insurance
Surety Bond is executed, whichever is higher. The Stamp Paper/e-stamp paper shall be
purchased in the name of Bidder/Insurer issuing the Insurance Surety Bond.
5. While getting the Insurance Surety Bond issued, the Contractor is required to ensure
compliance to the points mentioned in Form of Bank Guarantee/ Insurance Surety Bond
Verification Check List. Further, the Contractor is required to fill up this Form and enclose
the same with the Insurance Surety Bond.
Form: 6C Insurance Surety Bond towards Performance Security
(To be stamped in accordance with Stamp Act of India)
(In case of Contract awarded to Joint Venture)
Insurance Surety Bond No. ........................
Date..................................................
To,

[Employer's Name & Address]

Dear Sirs,

In consideration of the ................................ [Employer's Name] ........................ (hereinafter

Name]............................ with its Registered /Head Office at ............................ (hereinafter

referred to as the ‘Contractor’, which expression shall unless repugnant to the context or
meaning thereof, include its successors administrators, executors and assigns), a Contract
by issue of Employer’s Notification of Award No. ................ dated........... and the same
having been unequivocally accepted by the contractor, resulting into a Contract bearing
No.............. dated ........... valued at ................... for ......................... and the Contractor
having agreed to provide a Contract Performance Guarantee for the faithful performance of
the entire Contract equivalent to ..........(*)..........% (.......... percent) of the said value of the
Contract to the Employer.

We ................[Name & Address of the Insurer].................having its Head Office

at ...........................(hereinafter referred to as the ‘Insurer’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators,
executors and assigns) do hereby guarantee and undertake to pay the Employer, on
demand any and all amount payable by the Contractor to the extent of ..................
(*).................... as aforesaid at any time upto .........................(@)......................
[days/month/year] without any condition, demur, reservation, contest, recourse or protest
and/or without any reference to the Contractor. Any such demand made by the Employer
on the Insurer shall be conclusive and binding notwithstanding any difference between the
Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator
or any other authority. The Insurer undertakes not to revoke this Insurance Surety Bond
during its currency and or any period extended under the contract, without prior consent of
the Employer and further agrees that the guarantee herein contained shall be enforceable
till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the
Insurer under this Insurance Surety Bond, from time to time to extend the time for
performance of the Contract by the Contractor for the purpose of which, the Insurer shall be
liable to extend the validity of the present Insurance Surety Bond without any demur,
condition, protest and the Insurer shall at no point in time have an option of revoking the
same. The Employer shall have the fullest liberty, without affecting this Insurance Surety
Bond, to postpone from time to time the exercise of any powers vested in them or of any
right which they might have against the Contractor, and to exercise the same at any time in
any manner, and either to enforce or to forbear to enforce any covenants, contained or
implied, in the Contract between the Employer and the Contractor or any other course or
remedy or security available to the Employer. The Insurer shall not be released of its
obligations under these presents by any exercise by the Employer of its liberty with
reference to the matters aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the Employer or any
other indulgence shown by the Employer or by any other matter or thing whatsoever
which under law would, but for this provision, have the effect of relieving the Insurer.
The Insurer also agrees that the Employer at its option shall be entitled to enforce this
Insurance Surety Bond against the Insurer as a Surety, in the first instance without
proceeding against the Contractor and notwithstanding any security or other guarantee that
the Employer may have in relation to the Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this Insurance Surety
Bond is restricted to .........................(*)......................... and it shall remain in force upto and
including .....................(@)...................... and shall be extended from time to time for such
period (not exceeding one year), as may be desired by Joint Venture consisting of
M/s.................... [1st Partner's Name]............................ and M/s………………. [2nd Partner's
Name]............................ with its Registered /Head Office at ...........................on whose
behalf this Insurance Surety Bond has been given.

Dated this ............................. day of .................... 20..................

at...........................................

WITNESS :
1. .................................................... ..................................................
........
(Signature) (Signature)
....................................................
..........................................................
(Name) (Name)
....................................................
..........................................................
(Official Address) (Designation with
Insurer Stamp)

Authorised Vide Power

of Attorney
No...................................
Date................................
..............

2. ....................................................
(Signature)
....................................................
(Name)
....................................................
(Official Address)

Notes : 1. (*) This sum shall be ten percent (10%) of the Contract Price.

(@) This date will be ninety (90) days beyond the Defect liability period as
specified in the Contract.

2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by
Insurance Regulatory and Development Authority of India (IRDAI).

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of

5. While getting the Insurance Surety Bond issued, the Contractor is required to ensure
compliance to the points mentioned in the Form of Bank Guarantee/ Insurance Surety Bond
Verification Check List. Further, the Contractor is required to fill up this Form … and
enclose the same with the Insurance Surety Bond.
7. BANK GUARANTEE FORM FOR ADVANCE
PAYMENT (SUPPLY EX-WORKS)
7(i). Bank Guarantee Form for Advance Payment
(Supply Ex-Works)

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

Bank Guarantee No.............

Date......................................
To,
[Employer's Name & Address]

Dear Sir,

In consideration of ..............................[Employer's Name]............................................... (hereinafter

referred to as the ‘Employer’, which expression shall, unless repugnant to the context or meaning
thereof include its successors, administrators and assigns) having awarded to M/s........[Contractor's
Name]......... with its Registered/Head Office at ............................... (hereinafter referred to as the
‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), a Contract, by issue of Employer’s Notification of
Award No. ........................... dated ................ and the same having been unequivocally accepted by
the Contractor, resulting into a Contract bearing No. ................................ dated...............................
valued at ....................................................................................... for ............................ [Name of
Contract] ...........................(hereinafter called the ‘Contract’) and the Employer having agreed to make
an advance payment to the Contractor for performance of the above Contract amounting
.............................. (in words and figures) as an Advance against Bank Guarantee to be furnished by
the Contractor.

We........[Name and address of the Bank]............ having its Head Office at

.................................................... (hereinafter referred to as the ‘Bank’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators, executors and
assigns) do hereby guarantee and undertake to pay the Employer, immediately on demand any or, all
monies payable by the Contractor to the extent of .....[advance amount]......... as aforesaid at any time
upto ..............................(@)....................... without any demur, reservation, contest, recourse or
protest and/ or without any reference to the Contractor. Any such demand made by the Employer on
the Bank shall be conclusive and binding notwithstanding any difference between the Employer and
the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.
The Bank undertakes not to revoke this guarantee during its currency without previous consent of the
Employer and further agrees that the guarantee herein contained shall be enforceable till ninety (90)
days after expiry of its validity.

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under
this guarantee, from time to time to vary the advance or to extend the time for performance of the
Contract by the Contractor. The Employer shall have the fullest liberty without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any right
which they might have against the Contractor, and to exercise the same at any time in any manner,
and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract
between the Employer and the Contractor or any other course or remedy or security available to the
Employer. The Bank shall not be released of its obligations under these presents by any exercise by
the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts of ommission or commission on the part of the Employer or any
other indulgence shown by the Employer or by any other matter or thing whatsoever which under law
would but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the Contractor
and notwithstanding any security or other guarantee that the Employer may have in relation to the
Contractor’s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is limited to
.......[advance amount].......... and it shall remain in force upto and including
............................(@).............................. and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s.....[Contractor's Name]..... on whose behalf this
guarantee has been given.

Dated this ............................. day of ...................... 20 .............. at ............... .

.................................................... ..........................................................
(Official Address) (Designation with
Bank Stamp)

Authorised Vide Power of

Attorney No......................................

Date..................................................
2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

NOTE : 1. (@) This date shall be ninety (90) days beyond the date of Completion
of the Facilities.

2. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the
Bidding Documents.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as

4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance
to the points mentioned in Form 16-Form of Bank Guarantee Verification Check List.
Further, the Contractor is required to fill up this Form 16 and enclose the same with the
Bank Guarantee.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note
of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-
I/AMT-1/2014-15/370 dated 04.09.2014 (attached with Section-V of Bidding
Documents.
7(ii). Bank Guarantee Form for Advance Payment
(Installation/Civil/Site Fabricated Structural works)

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

Bank Guarantee No.............

Date......................................
To,
[Employer's Name & Address]

Dear Sir,

In consideration of .............................[Employer's Name]................................................ (hereinafter

referred to as the ‘Employer’, which expression shall, unless repugnant to the context or meaning
thereof include its successors, administrators and assigns) having awarded to M/s........[Contractor's
Name]......... with its Registered/Head Office at ............................... (hereinafter referred to as the
‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors and assigns), a Contract, by issue of Employer’s Notification of
Award No. ........................... dated ................ and the same having been unequivocally accepted by
the Contractor, resulting into a Contract bearing No. ................................ dated...............................
valued at .............................................................................. for ............................ [Name of Contract]
...........................(hereinafter called the ‘Contract’) and the Employer having agreed to make an
advance payment to the Contractor for performance of the above Contract amounting
.............................. (in words and figures) as an Advance against Bank Guarantee to be furnished by
the Contractor.

We..............................[Name and address of the Bank].................................... having its Head Office at

.................................................... (hereinafter referred to as the ‘Bank’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators, executors and
assigns) do hereby guarantee and undertake to pay the Employer, immediately on demand any or, all
monies payable by the Contractor to the extent of .....[110% of advance amount]......... as aforesaid
along with interest @ ##% per annum on the advance amount released by the Employer calculated
from the date of release of the said advance by the Employer to the Contractor, at any time up to
..............................(#)....................... without any demur, reservation, contest, recourse or protest and/
or without any reference to the Contractor. Any such demand made by the Employer on the Bank
shall be conclusive and binding notwithstanding any difference between the Employer and the
Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The
Bank undertakes not to revoke this guarantee during its currency without previous consent of the
Employer and further agrees that the guarantee herein contained shall be enforceable till ninety (90)
days after expiry of its validity.

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under
this guarantee, from time to time to vary the advance or to extend the time for performance of the
Contract by the Contractor. The Employer shall have the fullest liberty without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any right
which they might have against the Contractor, and to exercise the same at any time in any manner,
and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract
between the Employer and the Contractor or any other course or remedy or security available to the
Employer. The Bank shall not be released of its obligations under these presents by any exercise by
the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts of omission or commission on the part of the Employer or any
other indulgence shown by the Employer or by any other matter or thing whatsoever which under law
would but for this provision, have the effect of relieving the Bank.

Notwithstanding anything contained hereinabove our liability under this guarantee is limited to
........................[110% of advance amount]..........along with interest therein as aforesaid and it shall
remain in force up to and including ............................(@).............................. and shall be extended
from time to time for such period (not exceeding one year), as may be desired by
M/s.......................................[Contractor's Name].............................. on whose behalf this guarantee
has been given.

Dated this ............................. day of ...................... 20 .............. at ............... .

WITNESS :

1. .................................................... ..........................................................
(Signature)
.................................................... ..........................................................
(Name) (Name)

.................................................... ..........................................................
(Official Address) (Designation with
Bank Stamp)

Authorised Vide Power of

Attorney No......................................

Date..................................................
2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

Notes: 1. (#) This date shall be ninety (90) days beyond the date of Completion of the
Facilities.
(##%) “[SBI 1-year MCLR as on 01st April of applicable year + 150 bps] per
annum”

2. The Bank Guarantee (BG) shall be from a Bank as per provisions of the Bidding
Documents.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate

4. While getting the Bank Guarantee issued, Bidders are required to ensure
compliance to the points mentioned in Bank Guarantee Verification Check List in
the Bidding Documents. Bidders are required to fill up this Check List and enclose
the same along with the Bank Guarantee.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note
of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG-
I/AMT-1/2014-15/370 dated 04.09.2014 (attached with Section-V of Bidding
Documents.
7(iii). Bank Guarantee Form for Advance Payment

(In case of Contract awarded to Joint Venture)

Names of all JV Partners shall appear in the Bank Guarantee

8. FORM OF COMPLETION CERTIFICATE
8. Form of Completion Certificate

Date :
Loan/Credit No :
IFB No :
[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,

Pursuant to GCC Clause 24 (Completion of the Facilities) of the General Conditions of the Contract
entered into between yourselves and the Employer dated [date], relating to the [brief description of
the facilities], 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: [description]

2. Date of Completion: [date]

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 including
Guarantee Test(s) in accordance with the Contract nor of your obligations during the Defects Liability
Period.

Very truly yours,

Title
(Project Manager)
9. FORM OF OPERATIONAL ACCEPTANCE
CERTIFICATE
9. Form of Operational Acceptance Certificate

Date:
Loan/Credit No :
IFB No:

[Name of Contract]

To: [Name and address of Contractor]

Dear Sirs,

Pursuant to GCC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the
Contract entered into between yourselves and the Employer dated [date], relating to the [brief
description of the facilities], 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: [description]

2. Date of Operational Acceptance: [date]

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 Defects Liability Period.

Very truly yours,

Title
(Project Manager)
10. FORM OF TRUST RECEIPT
10. FORM OF TRUST RECEIPT FOR PLANT,
EQUIPMENT AND MATERIALS RECEIVED

We M/s (Contractor's Name)......................................................................................... having our

Principal place of business at ............................................having been awarded a Contract
No............................ dated ........................ for (Contract Name)............................................. by (Name
of Employer) .....................................................

We do hereby acknowledge the receipt of the Plant, Equipment and Materials as are fully described
and mentioned under Documents of Title/RR/LR etc. and in the schedule annexed hereto, which shall
form an integral part of this receipt as "Trustee" of ........................... (Name of Employer). The
aforesaid materials etc. so received by us shall be exclusively used in the successful performance of
the aforesaid Contract and for no other purpose whatsoever. We undertake not to create any charge,
lien or encumbrance over the aforesaid materials etc, in favour of any other
person/institution(s)/Banks.

For M/s ...........................................................

(Contractor's Name)

Dated : ........................... (AUTHORISED SIGNATORY)

11. FORM OF INDEMNITY-CUM-UNDERTAKING
AGREEMENT
11a. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT
FOR THE EQUIPMENTS
HANDED OVER BY THE EMPLOYER
FOR PERFORMANCE OF CONTRACT
(Entire Equipment Consignment in one lot)

(On Non-Judicial Stamp Paper of appropriate value)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT is made this

.................................................... day of ................................ 20 .................... between
...........................(Contractor's Name) a Company
/Partnership Firm / Proprietary Concern incorporated under the laws of ………………………. having
its Registered Office at ...................................... (hereinafter called as 'Contractor' which expression
shall include its successors and permitted assigns) and ......................................... (Name of
Employer), a Company incorporated under the Indian Companies Act having its Registered Office at
..................................................... and its project at .............................. (hereinafter called
"......................." / “Employer" which expression shall include its successors and assigns):

WHEREAS the ‘Employer’ has awarded to the ‘Contractor’ a Contract for .......................vide its
Notification of Award/Contract No.................dated ...................................... and its Amendment No.
............................................ and Amendment No..................................., (applicable when
amendments have been issued) (hereinafter called the "Contract") in terms of which ......@.......... is
required to hand over various Equipments to the ‘Contractor’ for execution of the Contract.

And WHEREAS by virtue of Clause No............................ of the said Contract, the ‘Contractor’ and the
‘Employer’ are required to execute an Indemnity-cum-Undertaking Agreement for the Equipments
handed over to the ‘Contractor’ by .............@................ for the purpose of performance of the
Contract/Erection Portion of the Contract (hereinafter called the "Equipments")

AND THEREFORE, This Indemnity-cum-Undertaking Agreement witnesseth as follows:

1. That in consideration of various Equipments as mentioned in the Contract, a list where

of is also annexed to this Indemnity-cum-Undertaking Agreement at Schedule-A,
valued at (Currency and amount in Figures)...........................................................
(Currency and amount in words) ..........................................................................
handed over to the ‘Contractor’ for the purpose of performance of the Contract, the
‘Contractor’ hereby undertakes to indemnify and shall keep the ‘Employer’ indemnified,
for the full value of the Equipments. The Contractor hereby acknowledges actual
receipt of the Equipments, etc. as per despatch title documents handed over to the
‘Contractor’ as detailed in the Schedule appended hereto. The ‘Contractor’ shall hold
such Equipments, etc. in trust as a "Trustee" for and on behalf of the ‘Employer’
@ Fill in abbreviated name of Employer.

2. That the ‘Contractor’ is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipments at ......@...... project site against all
risks whatsoever till the Equipments are duly used/erected in accordance with the
terms of the Contract and the plant/package duly erected and commissioned in
accordance with the terms of the Contract is taken over by the ‘Employer’ The
‘Contractor’ undertakes to keep the ‘Employer’ harmless against any loss or damage
that may be caused to the Equipments.

3. The ‘Contractor’ undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the Equipments shall be utilised for any other work or
purpose whatsoever. It is clearly understood by the ‘Contractor’ that non-observance of
the obligations under this Indemnity-cum-Undertaking Agreement by the ‘Contractor’
shall inter-alia constitute a criminal breach of trust on the part of the ‘Contractor’ for all
intents and purpose including legal/penal consequences.

4. That the ‘Employer’ is and shall remain the exclusive owner of the Equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipments
shall at all
times be open to inspection and checking by the Project Manager or other
employees/agents authorised by the ‘Employer’ in this regard. Further the ‘Employer’
shall always be free at all times to take possession of the Equipments in whatever form
the Equipments may be, if in its opinion, the Equipments are likely to be endangered,
misutilised or converted to uses other than those specified in the Contract, by any acts
of omission or commission on the part of the ‘Contractor’ or any other person or on
account of any reason whatsoever and the ‘Contractor’ binds himself and undertakes
to comply with the directions of demand of the ‘Employer’ to return the Equipments
without any demur or reservation.

5. That this Indemnity-cum-Undertaking Agreement is irrevocable. If at any time any loss

or damage occurs to the Equipments or the same or any part thereof is mis-utilised in
any manner whatsoever, then the ‘Contractor’ hereby agrees that the decision of the
Project Manager of the ‘Employer’ as to assessment of loss or damage to the
Equipments shall be final and binding on the ‘Contractor’. The ‘Contractor’ binds itself
and undertakes to replace the lost and/or damaged Equipments at its own cost and/or
shall pay the amount of loss to the ‘Employer’ without any demur, reservation or
protest. This is without prejudice to any other right or remedy that may be available to
the ‘Employer’ against the ‘Contractor’ under the Contract and under this Indemnity-
cum- Undertaking Agreement.

6. NOW THE CONDITION of this Indemnity-cum-Undertaking Agreement is that if the

‘Contractor’ shall duly and punctually comply with the terms and conditions of this
Indemnity-cum-Undertaking Agreement to the satisfaction of the ‘Employer’, THEN, the
above Indemnity-cum-Undertaking Agreement shall become void after the due
performance of the Contract, but otherwise, it shall remain in full force and virtue.
@ Fill in abbreviated name of Employer.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’ have hereunto set their hand through
their authorised representative, the day, month and year first above mentioned.

For and on behalf of For and on behalf of

.................................................. ……………………….
(Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................

Name .................................. Name ..................................
Designation of ......................... Designation of ......................
Authorised representative * Authorised representative *

WITNESS : WITNESS :

1. Signature .............................. 1. Signature ..........................

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ..............................

-----------------------------------------------------------------------------------------------------------------------------

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i) in

case of contracting Company under common seal of the Company or (ii) having the Power of
Attorney issued under common seal of the company with authority to execute Indemnity-cum-
Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for
this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney
and such documents should be attached to Indemnity-cum-Undertaking Agreement . In case
of Employer, by the authorized representative of the Employer.
SCHEDULE - A

Particulars of Quantity Particulars of Value Signature of

the Equipments Despatch Title of the Attorney in
handed over Documents Equip- token of
ments receipt
RR/GR/Bill Carrier
of Lading
No & Date
11b. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT FOR THE EQUIPMENTS
HANDED OVER IN INSTALMENTS BY THE
EMPLOYER FOR PERFORMANCE OF CONTRACT

(On Non-Judicial Stamp Paper of appropriate value)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT is made this

....................................................day of................................ 20 .................... between
...........................(Contractor's Name) a Company /Partnership Firm / Proprietary Concern
incorporated under the laws of ………………………. having its Registered Office
at ...................................... (hereinafter called as 'Contractor' which expression shall include its
successors and permitted assigns) and .....................(Name of Employer), a Company incorporated
under the Indian Companies Act having its Registered Office at ............................................ and its
project at .............................. (hereinafter called "..................." / ‘Employer’ which expression shall
include its successors and assigns):

WHEREAS the ‘Employer’ has awarded to the ‘Contractor’ a Contract for .......................vide its
Notification of Award/Contract No.........................dated ............................................ and its
Amendment No. ............................................ and Amendment No..................................., (applicable
when amendments have been issued) (hereinafter called the "Contract") in terms of which
..........@.......... is required to hand over various Equipments to the ‘Contractor’ for execution of the
Contract.

And WHEREAS by virtue of Clause No............................ of the said Contract, the ‘Contractor’ and the
‘Employer’ are required to execute an Indemnity-cum-Undertaking Agreement for the Equipments
handed over to the ‘Contractor’ by ..........@.......... for the purpose of performance of the
Contract/Erection Portion of the Contract (hereinafter called the "Equipments")

NOW THEREFORE, This Indemnity-cum-Undertaking Agreement witnesseth as follows:

1. That in consideration of various Equipments as mentioned in the Contract, valued at

(Currency and amount in figures)..................................... (Currency and amount in
words) .............................................................. to be handed over to the ‘Contractor’ in
instalments from time to time for the purpose of performance of the Contract, the
‘Contractor’ hereby undertakes to indemnify and shall keep the ‘Employer’ indemnified,
for the full value of the Equipments. The Contractor hereby acknowledges actual
receipt of the initial instalment of the Equipments, etc. as per details in the Schedule
appended hereto. Further, the ‘Contractor’ agrees to acknowledge actual receipt of the
subsequent instalments of the Equipments, etc. as required by .........@......... in the
form of Schedules consecutively numbered which shall be attached to this Indemnity-
cum- Undertaking Agreement so as to form integral parts of this Indemnity-cum-
Undertaking Agreement. The ‘Contractor’ shall hold such Equipments, etc. in trust as a
"Trustee" for and on behalf of the ‘Employer’.

@ Fill in abbreviated name of Employer.

2. That the ‘Contractor’ is obliged and shall remain absolutely responsible for the safe
transit/protection and custdoy of the Equipments at ..........@.......... project site against
all risks whatsoever till the Equipments are duly used/erected in accordance with the
terms of the Contract and the plant/package duly erected and commissioned in
accordance with the terms of the Contract, is taken over by the ‘Employer’. The
‘Contractor’ undertakes to keep the ‘Employer’ harmless against any loss or damage
that may be caused to the Equipments.

3. The ‘Contractor’ undertakes that the Equipments shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the Equipments shall be utilised for any other work or
purpose whatsoever. It is clearly understood by the ‘Contractor’ that non-
observance of the
obligations under this Indemnity-cum-Undertaking Agreement by the ‘Contractor’ shall
inter-alia constitute a criminal breach of trust on the part of the ‘Contractor’ for all
intents and purpose including legal/penal consequences.

4. That the ‘Employer’ is and shall remain the exclusive owner of the Equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipments
shall at all times be open to inspection and checking by the Project Manager or other
employees/agents authorised by the ‘Employer’ in this regard. Further, the ‘Employer’
shall always be free at all times to take possession of the Equipments in whatever form
the Equipments may be, if in its opinion, the Equipments are likely to be endangered,
misutilised or converted to uses other than those specified in the Contract, by any acts
of omission or commission on the part of the ‘Contractor’ or any other person or on
account of any reason whatsoever and the ‘Contractor’ binds himself and undertakes
to comply with the directions of demand of the ‘Employer’ to return the Equipments
without any demur or reservation.

5. That this Indemnity-cum-Undertaking Agreement is irrevocable. If at any time any loss

6. NOW THE CONDITION of this Indemnity-cum-Undertaking Agreement is that if the

@ Fill in abbreviated name of Employer.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’ have hereunto set their hand through
their authorised representative, the day, month and year first above mentioned.

For and on behalf of For and on behalf of

.................................................. ……………………….
(Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................

WITNESS : WITNESS :

1. Signature .............................. 1. Signature ..........................

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ..............................

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i) in
case of contracting Company under common seal of the Company or (ii) having the Power of
Attorney issued under common seal of the company with authority to execute Indemnity-cum-
Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for
this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney and
such documents should be attached to Indemnity-cum-Undertaking Agreement . In case of
Employer, by the authorized representative of the Employer.
SCHEDULE No.1

Particulars of Quantity Particulars of Value Signature of

the Equipments Despatch Title of the Attorney in
handed over Documents Equip- token of
ments receipt
RR/GR/Bill Carrier
of Lading
No & Date

(Please number subsequent schedules)

12. FORM OF AUTHORISATION LETTER
12. FORM OF AUTHORISATION LETTER

(NAME OF EMPLOYER)

(PROJECT ................................... )

REF. NO. :

DATE :

To,

M/s (Contractor's Name)..........................................................................

Ref : Contract No........................ Dated .................................................

for ..................................awarded by (Name of Employer)

Dear Sirs,

Kindly refer to Contract No................. Dated ................ for .............................(Contract Name) You
are hereby authorised on behalf of ......................(Name of Employer) having its registered office at
..................................................and its Project at ......................................... to take physical delivery of
materials/equipments covered under despatch Document/ Consignment Note no................................ *
..............dated ................................... and as detailed in the enclosed Schedule for the sole purpose of
successful performance of the aforesaid contract and for no other purposes, whatsoever.

(Signature of Project Authority)

(Designation : .................................

Date ...............................................

ENCL : as above

-----------------------------------------------------------------------------------------------------------------------------

* Mention LR/RR No.

SCHEDULE OF MATERIAL/EQUIPMENT COVERED UNDER
DESPATCH TITLE DOCUMENT (RR NO./ LR NO. ............)

-----------------------------------------------------------------------------------------------------------------------------
Sl. Contract NOA No./ Description Spec. Qty. Value Remarks
No. Name Contract of Materials/ No.
Agreement Equipments
No.
-----------------------------------------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------------------------------------

(SIGNATURE OF THE PROJECT AUTHORITY)

(Designation)....................................

Date).................................................
13. DEED OF JOINT UNDERTAKING
FORM-13
Page ... of ...

FORM OF DEED OF JOINT UNDERTAKING

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

(NOT APPLICABLE)
14. FORM OF BANK GUARANTEE
BY ALL EXECUTANTS OF DEED OF JOINT
UNDERTAKING OTHER THEN CONTRACTOR
(IF APPLICABLE)
FORM -14
PAGE 1 OF 3

14. PROFORMA FOR BANK GUARANTEE

TO BE FURNISHED BY THE EXECUTANT OF DEED
JOINT UNDERTAKING OTHER THAN CONTRACTOR
(To be stamped in accordance with the Stamp Act,
if any, of the Country of the issuing Bank) :

Bank Guarantee No............................

Date ..................................................
To,
[Employer's Name & Address]

Dear Sir,

In consideration of .............................[Employer's Name]................................................ (hereinafter

referred to as the ‘Employer’, which expression shall unless repugnant to the context or meaning
thereof include its successors, administrators and assigns) having awarded to
...................................... with its
Registered Head Office at........................................... (herein-after referred to
as...................................or ‘‘Contractor’’) a Contract for ...................................... Package for its
............................................... (Name of Project) ..................... vide Contract No. ..............................
dated ....................... and the same having been unequivocally accepted by the Contractor resulting in
a ‘‘Contract’’, which award is on the strength of Deed of Joint Undertaking dated ....................
(hereinafter referred to as ‘‘Undertaking’’) given by M/s...................................................................
(Contractor) and by M/s.......................... (Associate / Collaborator)………. having its registered office
at ..................................... (hereinafter called Associate / Collaborator), and the Contractor having
further executed with M/s............................................ (Associate / Collaborator) a Sub-Contract dated
................... and the same having been unequivocally accepted by the Associate / Collaborator
resulting in a Sub-Contract Agreement valued at ...................................... for
...................................................... (hereinafter called ‘‘Sub-Contract Agreement’’) and Associate /
Collaborator having agreed to provide a Bank Guarantee amounting to ..............................................
to the Employer on the terms and conditions specified in the ‘‘Undertaking’’.

We........................... Bank, having its Head Office at....................................... (hereinafter referred to

as the ‘‘Bank’’, which expression shall, unless repugnant to the context or meaning therof, include its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay to the
Employer on demand any and all monies to the extent of .................................(Specify currency and
amount in words and figures) only as aforesaid at any time
upto...........................@....................without any demur, reservation, context, recourse or protest
and/or without any references to Associate / Collaborator or ‘‘Contractor’’.

Any such demand made by the Employer on the Bank shall be conclusive and binding, not
withstanding any difference between the Employer and Contractor and/or between the Employer and
Associate / Collaborator or any dispute pending before any Court, Tribunal, Arbitrator or any other
Authority. The Bank undertakes not to revoke this Guarantee during its currency without previous
consent of the Employer and further agrees that the Guarantee herein contained shall be enforceable
till ninety (90) days after expiry of its validity.
* Strike off whichever is not applicable

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under
this Guarantee, from time to time to extend the time for performance of the Contract or the Sub-
Contract Agreement by the Associate / Collaborator.

The Employer shall have the fullest liberty, without affecting this Guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might have against the
Associate / Collaborator and to exercise the same at any time, in any manner, and either to enforce or
to forbear to enforce any covenants, contained or implied, in the Contract or Undertaking or any other
course or remedy or security available to the Employer. The Bank shall not be released of its
obligations under these presents by any exercise of its liberty with reference to the matters aforesaid
or any of them or by reason of any other act or forbearance or other acts of omission or commission
on the part of the Employer or any other indulgence shown by the Employer or by any other matter or
thing whatsoever which under law would, but for this provision have the effect of relieving the Bank
from its obligations.

The Bank also agrees that the Employer at is option shall be entitled to enforce this Guarantee against
the Bank as a principal debtor, in the first instance without proceeding against Contractor or Associate
/ Collaborator and notwithstanding any security or other guarantee that the Employer may have in
relation to Contractor's or Associate / Collaborator liabilities.

Notwithstanding anything contained hereinabove our liability under this Guarantee is restricted to
........................ and, it shall remain in force upto and including ......................... @
..................................... and shall be extended from time to time for such period (not exceeding one
year), as may be desired by M/s .......................... (Associate / Collaborator) on whose behalf this
guarantee has been given.

Date this.................................day of..............................20.........................at.............................

WITNESS
1. .................................................... ..........................................................
(Signature)
(Signature)
.................................................... ..........................................................
(Name)
(Name)
.................................................... ..........................................................
(Official Address) (Designation with
Bank Stamp)

Authorised Vide Power of

Attorney No......................................

Date..........................................................

2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

Notes :

1. @ The date shall be as specified in the corresponding format for the Deed of Joint
Undertaking enclosed in the Section 'Forms and Procedures'.

2. The Bank Guarantee shall be from a Bank as per provisions of Section-V (SCC) of the bidding
documents.

3. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per

Stamp Act prevailing in the state(s) where the BG is submitted or is to be acted upon or the
rate prevailing in State where the BG is executed, whichever is higher. The Stamp Paper/e-
stamp paper shall be purchased in the name of Bidder/Bank issuing the guarantee.

4. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the
points mentioned in Form 16-Form of Bank Guarantee Verification Check List enclosed in
Section-VII of bidding document. Further, Bidders are required to fill up this Form 16 and
enclose the same with the Bank Guarantee.

5. In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take note of
NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref. CAG- I/AMT-1/2014-
15/370 dated 04.09.2014 (attached with Section-III of Bidding Documents.

6. The Bank Guarantee (BG) shall be accompanied with the BG forwarding letter in the
format attached as Form no. 6 c in the bidding documents.
Form 14a
Page 1 of 3
14a. PROFORMA FOR INSURANCE SURETY BOND
TO BE FURNISHED BY THE EXECUTANT OF DEED
JOINT UNDERTAKING OTHER THAN CONTRACTOR

(To be suitably incorporated by concerned package coordinator)

(To be stamped in accordance with Stamp Act of India)

Insurance Surety Bond No. ........................

Date..................................................

To,
[Employer's Name & Address]

Dear Sirs,

In consideration of .............................[Employer's Name]................................................ (hereinafter

referred to as the ‘Employer’, which expression shall unless repugnant to the context or meaning
thereof include its successors, administrators and assigns) having awarded to ......................................
with its Registered Head Office at........................................... (herein-after referred to
as...................................or ‘‘Contractor’’) a Contract for ...................................... Package for
its ............................................... (Name of Project) ..................... vide Contract No. ..............................
dated ....................... and the same having been unequivocally accepted by the Contractor resulting in a
‘‘Contract’’, which award is on the strength of Deed of Joint Undertaking dated .................... (hereinafter
referred to as ‘‘Undertaking’’) given by M/s................................................................... (Contractor) and
by M/s.......................... (Associate / Collaborator)………. having its registered office
at ..................................... (hereinafter called Associate / Collaborator), and the Contractor having
further executed with M/s............................................ (Associate / Collaborator) a Sub-Contract
dated ................... and the same having been unequivocally accepted by the Associate / Collaborator
resulting in a Sub-Contract Agreement valued at ......................................
for ...................................................... (hereinafter called ‘‘Sub-Contract Agreement’’) and Associate /
Collaborator having agreed to provide an Insurance Surety Bond amounting
to .............................................. to the Employer on the terms and conditions specified in the
‘‘Undertaking’’.

We ................[Name & Address of the Insurer].................having its Head Office at ...........................

(hereinafter referred to as the ‘Insurer’, which expression shall, unless repugnant to the context or
meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee
and undertake to pay the Employer, on demand any and all amount payable by the Contractor to the
extent of ..................(*).................... as aforesaid at any time upto .........................(@)......................
[days/month/year] without any condition, demur, reservation, contest, recourse or protest and/or without
any references to Associate / Collaborator or ‘‘Contractor’’. Any such demand made by the Employer
on the Insurer shall be conclusive and binding notwithstanding any difference between the Employer
and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.
The Insurer undertakes not to revoke this Insurance Surety Bond during its currency and or any period
extended under the contract, without prior consent of the Employer and further agrees that the
guarantee herein contained shall be enforceable till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Insurer under
this Insurance Surety Bond, from time to time to extend the time for performance of the Contract or the
Sub-Contract Agreement by the Associate / Collaborator for the purpose of which, the Insurer shall be
liable to extend the validity of the present Insurance Surety Bond without any demur, condition, protest
and the Insurer shall at no point in time have an option of revoking the same,

The Employer shall have the fullest liberty, without affecting this Insurance Surety Bond, to postpone
from time to time the exercise of any powers vested in them or of any right which they might have
against the Associate / Collaborator and to exercise the same at any time, in any manner, and either to
enforce or to forbear to enforce any covenants, contained or implied, in the Contract or Undertaking or
any other course or remedy or security available to the Employer. The Insurer shall not be released of
its obligations under these presents by any exercise of its liberty with reference to the matters aforesaid
or any of them or by reason of any other act or forbearance or other acts of omission or commission on
the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing
whatsoever which under law would, but for this provision have the effect of relieving the Insurer from its
obligations.

The Insurer also agrees that the Employer at its option shall be entitled to enforce this Insurance Surety
Bond against the Insurer as Surety, in the first instance without proceeding against Contractor or
Associate / Collaborator and notwithstanding any security or other guarantee that the Employer may
have in relation to Contractor's or Associate / Collaborator liabilities.

Notwithstanding anything contained hereinabove our liability under this Insurance Surety Bond is
restricted to ........................ and, it shall remain in force upto and including .........................
@ ..................................... and shall be extended from time to time for such period (not exceeding one
year), as may be desired by M/s .......................... (Associate / Collaborator) on whose behalf this
Insurance Surety Bond has been given.

Date this.................................day of..............................20.........................at.............................

WITNESS :

1. .................................................... ..........................................................
(Signature) (Signature)

.................................................... ..........................................................
(Name) (Name)

.................................................... ..........................................................
(Official Address) (Designation with
Insurer Stamp)

Authorised Vide Power of

Attorney No.......................................

Date...................................................

2. ....................................................
(Signature)

....................................................
(Name)

....................................................
(Official Address)

Notes : 1. (@)The date shall be as specified in the corresponding format for the Deed of Joint
Undertaking enclosed in the Section 'Forms and Procedures'.
2. The Insurance Surety Bond shall be from an Insurer as per guidelines issued by
Insurance Regulatory and Development Authority of India (IRDAI).

3. The Employer shall be the Creditor, the Associate / Collaborator shall be the Principal
debtor and the Insurance company/Insurer shall be the Surety in respect of the
Insurance Surety Bond to be issued by the Insurer.

4. The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of

5. While getting the Insurance Surety Bond issued, the Contractor is required to ensure
compliance to the points mentioned in Form of Bank Guarantee/ Insurance Surety Bond
Verification Check List. Further, the Contractor is required to fill up this Form and
enclose the same with the Insurance Surety Bond.
15. FORM OF JOINT VENTURE AGREEMENT
FORM NO. 15.

(On Non-Judicial Stamp Paper of Appropriate Value)

(NOT APPLICABLE)
16. FORM OF BANK GUARANTEE
VERIFICATION CHECK LIST
FORM NO. 16
PAGE 1 OF 2

BANK GUARANTEE VERFICATION CHECKLIST

1. Bank Guarantee No.

2. Issuing Bank

3. Amount of BG

4. Nature of BG & No. of Pages

5. Validity of BG

6. Package Description

7. Party & Contracts Ref. Name, Address, Tel, Fax,

e-mail, Contract No.
Package Name

8. Bank Reference Name, Address, Tel. Fax, E-mail

CHECK LIST
-----------------------------------------------------------------------------------------------------------------------------
S.No. Details of Checks Yes/No
-----------------------------------------------------------------------------------------------------------------------------
a) Is the BG on non-judicial stamp paper
/ e-stamp paper of appropriate value, as per Stamp Act?

b) Whether date, purpose of purchase

and name of the purchaser are
indicated on the stamp paper? (The
date of purchase of stamp paper
should be of any date on or before the
date of execution of BG and the stamp
paper should be purchased either in
the name of the executing Bank or the
Party on whose behalf the BG has
been issued. The stamp paper (other
than e-stamp paper) should be duly
Signed by the Stamp Vendor)

c) Has the executing Officer of BG

indicated his name, designation and
Power of Attorney No. / Signing Power
No. etc. on the BG?

e) Is each page of BG duly signed/initiated

by executant and whether stamp of Bank
is affixed thereon? Whether the last page
is signed with full particulars including two
witnesses under seal of Bank as required
in the prescribed proforma?
FORM NO. 16
PAGE 2 OF 2

-----------------------------------------------------------------------------------------------------------------------------
S.No. Details of Checks Yes/No
-----------------------------------------------------------------------------------------------------------------------------

f) Does the Bank Guarantees compare verbatim

with the Proforma prescribed in the Bid Documents?
g) Are the factual details such as Bid Document No.,
NOA / LOA / Contract No., Contract Price, Percentage
of Advance, Amount of BG and Validity of BG correctly
mentioned in the BG?

h) Whether overwriting / cutting if any on the BG have

been properly authenticated under signature & seal
of executant?

i) Whether the BG has been issued by a Bank in line

with the provisions of BG / Contract Documents?

j) In case BG has been issued by a Bank other than

those specified in Bid/Contract Document, is the BG
confirmed by a Bank in India acceptable as per
Bid/Contract Documents?
-----------------------------------------------------------------------------------------------------------------------------

Date : Signature ......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

Note: The Bidder is required to fill up this form and enclose along with the Bank Guarantee.
17. FORM OF VALIDITY EXTENSION
OF BANK GUARANTEE
FORM NO. 17
Page 1 of 1

FORM OF VALIDITY EXTENSION OF BANK GUARANTEE

(To be stamped in accordance with the Stamp Act,

if any, of the Country of the issuing Bank) :

Ref. No.............................. Dated : ......................

To :
[Employer's Name and Address]

Dear Sirs,

Sub : Extension of Bank Guarantee No. ................................... dtd........................ for

.................value of BG...................................... favouring yourselves, expiring
on....................... on account of M/s*............................................................... in respect of
Contract/Bid document for (Insert package name).................................... for (Insert Project
name) ................................................... project, Contract No./Bid Document No.
................................... dated............... (hereinafter called original Bank Guarantee).

At the request of M/s*...................................................... we ........................................... Bank having

branch office at .......................................... and having Head Office at
.............................................................. do hereby extend our liability under the above mentioned Bank
Guarantee No......................... dt .......... for a further period of..................Years/Months from .................
to expire on .........................

Except as provided above, all other terms and conditions of the original Bank Guarantee
No.............................. dt.................. shall remain unaltered and binding.

Please treat this as an integral part of the original guarantee to which it would be deemed to have been
attached.

………………………….
(Signature)
………………………….
(Name)
…………………………..
(Designation with Bank Stamp)
Authorised vide Power of Attorney No...........
Dated....................................
Note:
1.*In case of Joint Ventures, name of all partners of the Joint Venture shall be mentioned.
2. The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per Stamp Act
prevailing in the state(s) where the BG is submitted or is to be acted upon or the rate prevailing in State where
the BG is executed, whichever is higher. The Stamp Paper/e-stamp paper shall be purchased in the name of
Bidder/Bank issuing the guarantee.
3. The extension of the Bank Guarantee should be forwarded to the Unit/Project/Corporate Centre, from where
the extension has been sought
18. FORM OF INDEMNITY-CUM-UNDERTAKING
AGREEMENT [FOR REMOVAL / DISPOSAL OF
SCRAP / SURPLUS MATERIAL]
18. FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT WITH REGARD TO
REMOVAL/DISPOSAL OF SCRAP/SURPLUS MATERIAL

(TO BE EXECUTED ON STAMP PAPER OF APPROPRIATE VALUE)

INDEMNITY-CUM-UNDERTAKING AGREEMENT

THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT executed this .........................day

of...................... 20 .................... between ........................... (Name of Company)
........................................... a Company /Partnership Firm / Proprietary Concern incorporated under the
laws of ………………………. having its Registered Office(s) at ...................................... (Office
Address) ............................... hereinafter called the ‘Contractor’ (which expression shall, unless
excluded by or repugnant to the context, be deemed to mean and include its successors,
administrators, executors and permitted assigns)

AND

M/s. .................................................... having its registered office at ................................................

(hereinafter referred to as ‘Employer’).

1. ‘Employer’ has awarded the ‘Contractor’, contract for execution of work ("Scope of Work") as
mentioned in the contract agreement no. ................................ dated ........................, entered
into between ‘Employer’ and ‘Contractor’, relating to ........................................ (Name &
Address of Project/Station) .......................................... (hereinafter called 'the Project').

2. The ‘Contractor’ for the purpose of execution of its Scope of Work had from time to time
procured and stored .................................. (Details of Material) ........................... at the Project
Site.

3. After completion of the Scope of Work by ‘Contractor’, it has been identified that scrap
............................ (Details of Scrap Material & its quantity) ............................ and/or surplus
................................... (Details of Surplus Material & its Quantity) ........................ belonging to
‘Contractor’ is lying at the said Project Site.

4. Now, the scrap ................................ (Details of Scrap Material & its Quantity) ................. and/or
surplus .................. (Details of Surplus Material & its Quantity) ........................ belonging to the
‘Contractor’, requires to be removed by ‘Contractor’ from the Project Site.

NOW THEREFORE THIS INDEMNITY-CUM-UNDERTAKING AGREEMENT WITNESSETH AS

UNDER:

1. That ‘Contractor’ by way of this Indemnity-cum-Undertaking Agreement requests ‘Employer’ to

issue necessary exit gate pass(es) in favour of ‘Contractor’ for removal of scrap......................
(Details of Scrap Material & its Quantity) .............................. and/or surplus ..........................
(Details of Surplus Material & its Quantity) .............................. belonging to ‘Contractor’, from
the project.

2. That as per Employer's procedure, ‘Contractor’ shall ensure loading of trucks for clearing of its
scrap ............................ (Details of Scrap Material & its Quantity) ....................... and/or
surplus
............................... (Details of Surplus Material & its Quantity) .................. by itself, as
aforesaid, under the supervision of CISF personnel.

3. That ‘Contractor’ in consideration of the premises above, for itself and its respective,
executors, administrators and assigns, jointly and severally agree and undertake from time to
time and at all times hereafter to indemnify ‘Employer’ and keep ‘Employer’ indemnified from
and against all claims, demands, actions, liabilities and expenses which may be made or
taken against or incurred by ‘Employer’ by reason of the issue of necessary gate pass(es) by
‘Employer’ and permitting ‘Contractor’ to remove scrap ................... (Details of Scrap Material
& its Quantity)
............................. and/or surplus ............................... (Details of Surplus Material & its
Quantity)
............................ belonging to ‘Contractor’, from the project.
4. That ‘Contractor’ undertakes to indemnify and keep ‘Employer’ harmless from any act of
omission or negligence on the part of the ‘Contractor’ in following the statutory requirements
with regard to removal/disposal of scrap and surplus belonging to ‘Contractor’, from the
Project Site aforesaid, by the ‘Contractor’. Further, in case the laws require ‘Employer’ to take
prior permission of the relevant Authorities before handing over the scrap and/or surplus to the
‘Contractor’, the same shall be obtained by the ‘Contractor’ on behalf of ‘Employer’.

IN WITNESS WHEREOF, the ‘Contractor’ and the ‘Employer’, through their authorized
representative, have executed these presents on the Day, Month and Year first mentioned above
at ......................... (Name of the Place) .........................................

For and on behalf of For and on behalf of

.................................................. ……………………….
(Contractor's Name) (Employer’s name)

Signature ............................ Signature ............................

WITNESS : WITNESS :

1. Signature .............................. 1. Signature ..........................

2. Name .................................... 2. Name ..................................

3. Address ................................ 3. Address ..............................

-----------------------------------------------------------------------------------------------------------------------------

* Indemnity-cum-Undertaking Agreement are to be executed by the authorised person and (i) in

case of contracting Company under common seal of the Company or (ii) having the Power of
Attorney issued under common seal of the company with authority to execute Indemnity-cum-
Undertaking Agreement , (iii) In case of (ii), the original Power of Attorney if it is specifically for
this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney
and such documents should be attached to Indemnity-cum-Undertaking Agreement. In case of
Employer, by the authorized representative of the Employer.
19. FORM OF CONTRACT CLOSING CERTIFICATES
Form-19.1

PROFORMA OF CERTIFICATE OF FINAL AMENDMENT TO THE CONTRACT

(To BE ISSUED BY CORPORATE CONTRACT SERVICES)

CERTIFICATE NO. CCP - 01

NAME OF PACKAGE: LETTER OF AWARD/ NOA/

C O N T R A C T NO . :

NAME OF CONTRACTOR: DATED:

This is to certify that amendments have been issued to the aforesaid contract as per
the details mentioned below:

Amendment No. Date

1.
2.
3.
4.
5.

This is to certify further that Amendment No.-------------- dated ………… is the last
amendment issued.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .. Name... ... ... ... ... ... ... ... ....
.. Designation ... ... ... ... ... ....
Place... ... ... ... ..
..
Form-19.2

PROFORMA FOR DRAWING RECEIPT CERTIFICATE

(TO BE ISSUED BY ENGINEERING)

CERTIFICATE NO. CCP- 02

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.
:

NAME OF CONTRACTOR: DATED:

Project:

This is to certify that we have received all the drawings which were to be submitted by
the Contractor in requisite number along with the reproducibles as detailed in Annexure
enclosed herewith, as per provisions stipulated in the above mentioned LOA/Contract.

Signature ... ... ... ... ... ... ... ..

Date ... ... ... ... ... Name... ... ... ... ... ... ... ... ....
. Designation ... ... ... ... ... ....
Place... ... ... ... ..
..
Form-19.3

PROFORMA FOR QA DOCUMENTS RECEIPT CERTIFICATE

(TO BE ISSUED BY

CQA&I) CERTIFICATE NO. CCP-

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.
:

NAME OF CONTRACTOR: DATED:

Project:

This is to certify that the QA documents as per the list enclosed, in respect of the above
mentioned LOA/ Contract has been received in line with the provisions of the Contract.

Signature .......................

Date ................ Name............................

Place................ Designation ... ... ... ... ... ... .
Form-19.4

PROFORMA FOR O&M MANUAL RECEIPT CERTIFICATE

(TO BE ISSUED BY ENGINEERING)

CERTIFICATE NO. CCP - 04

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.
:

NAME OF CONTRACTOR: DATED:

Project :

This is to certify that we have received from the contractor all the necessary O&M
Manuals in requisite number including the list of spare parts along with the names of
vendors in respect of the above LOA/contract. The consolidated list of such manuals
received is enclosed along with the distribution as marked on the list.

Signature .......................

Date................ Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .. Designation...................
..
Form-19.5

PROFORM FOR SCOPE COMPLETION CERTIFICATE

(TO BE ISSUED BY EXECUTION DEPARTMENT)

CERTIFICATE NO. CCP- 05

NAME OF PACKAGE: LETTER OF AWARD/

NOA/CONTRACT NO.:

NAME OF CONTRACTOR: DATED:

Project :
1. This is to certify that the scope of the above Contract has been completed in line
with the contract read in conjunction with the following documents:
1. Final Amendment No. (As per CCP -01)
2. Approved drawings including site run pipingschemes, if any.
3. Approved Bill of Materials
4. Material Dispatch Clearance Certificate (s)
5. Measurement Book
6. As Built Drawings
7. Any other documents (specify)

2. It is further certified that the following have been supplied, as per the details given
in the Contract Documents and the same have been taken over by NTPC.
1. Mandatory Spares
2. Recommended Spares
3. Special Tools & Tackles

3. It is hereby certified that all *Indemnity bonds/ *Insurance policies received for the
above mentioned LOA / Contract shall be returned in original to the contractor after
issuance of CCP-13.

Signature .......................

Date ... ... ... ... .... Name... ... ... ... ... ... ... ... ....
Place... ... ... ... .... Designation ... ... ... ... ... ....

*Delete in case not applicable

Form-19.6

PROFORMA FOR LIQUIDATED DAMAGES FOR DELAY CERTIFICATE

(TO BE ISSUED BY SITE ERECTION/ REGIONAL OFFICE/

CORPORATE CONTRACT SERVICES)

CERTIFICATE NO. CCP- 06

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.
:

NAME OF CONTRACTOR: DATED:

Project:

This is to certify that the issue regarding liquidated damages for delay as per the
provisions of clause of the above contract/ LOA has been resolved
with the approval of the Competent authority vide reference
_ _ _ _ _ _ _ _ _ _ (copy enclosed).

Signature ... ... ... ... ... ... ... ..

Date ... ... ... ... ... Name... ... ... ... ...... ... ... ....
. Designation ... ... ... ... ... ....
Place... ... ... ... ..
..

Note: In respect of cases where LD for delay is settled by Corporate Contract Services (CS), this certificate
will be issued by CS and where LD for delay is settled by the Site / Region, the same will be issued by
the concerned Site/Regional Offices.
Form-19.7

PROFORMA OF SHORTFALL IN EQUIPMENT PERFORMANCE CERTIFICATE

(TO BE ISSUED BY OS/SITE, AS APPLICABLE, FOR SITE PERFORMANCE

TEST AND BY CQA&I FOR SHOP TEST)

CERTIFICATE NO. CCP - 07

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.
:

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that the following shortfall in equipment performance as compared to

the guaranteed parameters have been assessed and agreed to with the contractor in
respect of the above mentioned LOA/ Contract.

S.No Guaranteed Parameter Guaranteed Assessed Value Shortfall, if liquidated damages

value any. Annual

1 2 3 4 5 6

Further, it is also confirmed that liquidated damages for shortfall in equipment

performance in respect of above Items, have been recovered fully from the contractor
and no other dues are outstanding for shortfall in equipment performance.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .. Name... ... ... ... ... ... ... ... ....
.. Designation ... ... ... ... ... ... .
Place... ... ... ... ..
..

To be counter signed by Site Accounts.

Signature ... ... ... ... ... ... .....

Date................ Name... ... ... ... ... ... ... ... ....
Place... ... ... ... ..
Designation ... ... ... ... ... ... .
..
Form-19.8

PROFORMA OF "MATERIAL RECONCILATION" CERTIFICATE

(TO BE ISSUED BY SITE ERECTION AND COUNTERSIGNED BY SITE

MATERIALS MANAGEMENT)

CERTIFICATE NO. CCP- 08

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.
:

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that the materials issued to the contractor in respect of the above
mentioned LOA/Contract have been reconciled with the stipulations under the contract
documents and no other recovery of material is pending with the contractor.

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .. Name... ... ... ... ... ...... ... ....
..
Designation ... ... ... ... ... ....
Place... ... ... ... ..
..

To be counter signed by materials management

Signature ... ... ... ... ... ... .....

Date ... ... ... ... .. Name... ... ... ... ...... ... ... ....
.. Designation... ... ... ... ... ....
Place... ... ... ... ..
..
Form-19.9
Page 1 of2

CERTIFICATE NO. CCP - 09

ATTACHED SEPERATELY
Form-19.10

PROFORMA OF CERTIFICATE REGARDING LABOUR PAYMENTS AND

STATUTORY REQUIREMENTS TO BE FURNISHED BY CONTRACTOR.

(TO BE ISSUED BY THE CONTRACTOR)

CERTIFICATE NO. CCP - 10

NAME OF PACKAGE: LETTEROF AWARD/

NOA/ CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that we have made all labour payments including PF Liabilities in
respect of the above mentioned LOA/ Contract and no other payments in this regard is
pending from us.

Further we confirm that all Statutory requirements have been complied with by us and
in case any default is reported against us, we shall be solely responsible for the same.

Signature ... ... ... ... ... .....

Date ... ... ... ... .. Name... ... ... ... ... ... ... ... ....
.. Designation ... ... ... ... ... ....
Place... ... ... ... ..
..
Form-19.11

PROFORMA OF "NO DEMAND CERTIFICATE" BY CONTRACTOR (TO

BE ISSUED BY THE CONTRACTOR)

CERTIFICATE NO. CCP-11

NAME OF PACKAGE: LETTER OF AWARD/ NOA/

CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

We, M/s ... ........................... .................. .......................... (Contractor) do hereby

acknowledge and confirm that we have received the full and final payment due and
payable to us from NTPC Ltd. in respect of our aforesaid LOA/Contract
No... ............. ....... .... .... .. dated..... ............................including
amendments, if any, issued by NTPC Ltd., to our entire satisfaction and we
further confirm that we have no claim whatsoever pending with NTPC Ltd. under the
said Contract.

Notwithstanding any protest recorded by us in any correspondence, document,

measurement books, and/or final bills etc., we waive all our rights to lodge any claim or
protest in future under this contract.

We are issuing this "NO DEMAND CERTIFICATE” in favour of NTPC Ltd. with full
knowledge and with our free consent without any undue influence, misrepresentation,
coercion etc.

Signature ... ... ... ... ... ... ..

Date ... ... ... ... .. Name... ... ... ... ... ... ... .......
.. Designation ... ... ... ... ... ....
Place... ... ... ... ..
..
(Company Common Seal)

(This certificate shall be accompanied by the Power of attorney of the signatory)

Form-19.12

PROFORMA OFCERTIFICATE FOR COMPLETION OF WARRANTY PERIOD

(TO BE ISSUED BY SITE ERECTION)

CERTIFICATE NO. CCP-12

NAME OF PACKAGE: LETTER OF AWARD/

NOA/ CONTRACT NO.:

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that the warranty period for the above mentioned LOA/Contract has
been completed in line with the provisions of the contract.

Signature ....................

Date ................ Name... ... ... ... ... ... ... ... ....
Place................ Designation ... ................
Form-19.13

PROFORMA OF "CERTIFICATE FOR RETURN OF BGs/ INSURANCE SURETY BONDS"

(TO BE ISSUED BY FINANCE TREASURY BG GROUP)

CERTIFICATE NO. CCP-13

NAME OF PACKAGE: LETTER OF AWARD/NOA/

CONTRACT NO. :

NAME OF CONTRACTOR: DATED:

PROJECT:

This is to certify that all the *Bank Guarantees/ *Insurance Surety Bonds / *Collaborator’s
or Associate's Bank Guarantees / *Collaborator’s or Associate's Insurance Surety Bonds
received for the above mentioned LOA/ Contract have been returned in original to the
contractor.

Signature ... ... ... ... ... .....

Date ... ... ... ... .. Name... ... ... ... ... ... ... ... ....
.. Designation ... ... ... ... ... ....
Place... ... ... ... ..
..

*Delete whichever is not applicable.

FORM NO. 20
PAGE 1 OF 1
DECLARATION OF ABSENCE OF CONFLICT OF INTEREST WITH CONCILIATION
COMMITTEES OF INDEPENDENT EXPERTS (CCIE)

To :
[Employer's Name and Address]

Dear Sirs,

1.0 We, M/s ... . .. .............. .......... .. (Name of the Contractor) have been awarded the contract
for ………………………………………………………… (Name of the package) vide
Notification (s) of Award No……… dated…….

2.0 As per the provisions of the contract, we hereby propose the following CCIEs, in priority
order, as per the list enclosed in the Special Conditions of Contract, as amended from
time to time by Ministry of Power, for finalization of CCIE by CEA:

1…………………..
2………………….
3……………………

3.0 We confirm that we do not have any conflict of interest with the aforesaid experts and
they have not been engaged for providing any services to us in the last five years.

4.0 We confirm that in case of any form of conflict of interest (possible or actual) which may
inadvertently emerge during the conciliation proceedings by CCIE, the same will be duly
reported to you.

5.0 We understand that NTPC may withdraw from the conciliation proceedings, if any conflict
of interest with us is found out which have been intentionally concealed, and the matter
may be referred to Ministry of Power. Further, action may be taken against us in respect
of Fraud Prevention Policy of NTPC.

Date : Signature......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

FORM NO. 21
PAGE 1 OF 1
DECLARATION OF ABSENCE OF CONFLICT OF INTEREST WITH INDEPENDENT
ENGINEER (IE)
(APPLICABLE IN CASE OF HYDRO PROJECTS)
To :
[Employer's Name and Address]

Dear Sirs,

2.0 As per the provisions of the contract, we hereby propose the following Experts from ‘Panel
of Experts as independent Engineer’s enclosed in the Special Conditions of Contract, as
amended from time to time by Ministry of Power, for appointment of one of them as
‘Independent Engineer’ for the Contract:
1…………………..
2………………….
3……………………

3.0 We confirm that we do not have any conflict of interest with the aforesaid experts and
they have not been engaged for providing any services to us in the last three years.

4.0 We confirm that in case of any form of conflict of interest (possible or actual) which may
inadvertently emerge during the tenure of Independent Engineer, the same will be duly
reported to you.

5.0 We understand that the mechanism of Resolution of Dispute through Independent Engineer
may be put in abeyance, if any conflict of interest with us is found out which have been
intentionally concealed, and the matter may be referred to Ministry of Power. Further,
action may be taken against us in respect of Fraud Prevention Policy of NTPC.

Date : Signature......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

Form 22.
(ELECTRONIC FUND TRANSFER FORM)

Page 1 of 3

Bidder’s Name and Address: To

……………………………………..

Dear Sirs,
We, hereby authorize the Employer to make all our payments through Electronic Fund Transfer
System. The details for facilitating the payments are given below:

(TO BE FILLED IN CAPITAL LETTERS)

1. NAME OF THE BENEFICIARY

2. ADDRESS

PIN CODE

3. TELEPHONE NO. (WITH STD CODE)

4. BANK PARTICULARS
(A) BANK NAME

(B) BANK TELEPHONE NO. (WITH STD CODE)

(C) BRANCH ADDRESS

PIN CODE

Page 2 of 3

(D) BANK FAX NO (WITH STD CODE)

(E) BRANCH CODE

(F) 9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF A

CANCELLED CHEQUE)

(G) IFSC CODE

(H) BANK ACCOUNT NUMBER

(I) BANK ACCOUNT TYPE (TICK ONE)

SAVING CURRENT LOAN CASH CREDIT OTHERS

IF OTHERS, SPECIFY

5. PERMANENT ACCOUNT NUMBER (PAN) (ENCLOSE COPY)

6. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS

Page 3 of 3

I/We hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/We
would not hold the Employer responsible. We have enclosed document as mentioned at Sl. No.
4(F) and 5 above.

SIGNATURE
DATE

(AUTHORISED SIGNATORY)
Name:
OFFICIAL STAMP

BANK CERTIFICATION:
It is certified that above mentioned beneficiary holds a bank account no. .............................
with our branch and the Bank particulars mentioned above are correct.

SIGNATURE
DATE

(AUTHORISED SIGNATORY)
Authorization No. :
Name:

OFFICIAL STAMP
FORM NO. 23
PAGE 1 OF 1
BG forwarding letter from Bank to Unified Treasury in Bank’s letterhead

To :
Unified Treasury (BG Group)
Administrative Building, NCPS, Dadri
NTPC Limited,
PO. Vidyut Nagar
Distt: Gautam Budh Nagar,
Uttar Pradesh- 201008.

Sub: Submission of Bank Guarantee No.

Bank Guarantee No.

Date of Issue dd.mm.yyyy
Guarantee Amount Currency Amount
Date of Expiry of BG dd.mm.yyyy
Last date of lodgement of dd.mm.yyyy
claim
Name, Address and IFSC Name:
code of BG issuing Bank Address:
IFSC code:
Contract/Letter of Award/PO No.
Name & Address of the Name:
Applicant / Contractor Address:

We confirm that SFMS has been sent to your beneficiary bank as below:

ICICI Bank Limited, Connaught Place Branch,

9A, Phelps Building, Inner Circle, New Delhi - 110001
IFSC Code: ICIC0000007

We also confirm the genuineness of the signatures appearing on the said guarantee/extension
and further also confirm that the same has been signed by the competent authority of the bank.

Date : Signature......................................................

Place : Printed Name ...............................................

(Designation) ................................................

(Common Seal) ............................................

Viii Book 3 of 3 Forms and Procedures
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Viii Book 3 of 3 Forms and Procedures
86 pages
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