kiocl limited (a government of india enterprise) sarjapur

KIOCL LIMITED

(A Government of India Enterprise) Sarjapur Road, Koramangala, 2nd Block

BANGALORE -560 034

NOTICE INVITING TENDER

TENDER NO. KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 DATED 16/10/2020

KIOCL Limited invites e-bids in three bid system from Domestic bidders for “Power Distribution System” for Tender document no. KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 dated 16/10/2020 (MSTC event no. KIOCL/20-21/ET/233). The detailed NIT and tender document including eligibility requirements can be viewed and /or downloaded from MECON’s website http://www.meconlimited.co.in, KIOCL’s website http://www.kioclltd.in, CPP Portal’s website http://www.eprocure.gov.in and MSTC’s E-tendering website https://www.mstcecommerce.com from 16-10-2020 to 17-11-2020 up to 17:00 hrs. For accessing and downloading the Bid document from KIOCL website, the bidder has to register as ‘New User’ in Bid section at KIOCL’s website link http://www.kioclltd.in/tender/default.aspx, and from MECON’s website the Bidder has to click on Active tenders. For accessing and downloading the bid document from Central Procurement portal www.eprocure.gov.in , the bidders have to click on “Latest active tenders”. The bidders shall directly download the Tender Document from KIOCL website/ MECON website and CPP Portal only. For accessing the bid document from MSTC, bidders to click website link - https://www.mstcecommerce.com/eprochome/KIOCL/buyer_login.jsp. Bidders are requested to register as ‘New Vendor’ for downloading the tender document. For further help refer to ‘vendor guide’ given in MSTC website. The bidders are requested to submit their bids through online mode only on MSTC’s E-tendering website www.mstcecommerce.com/eprochome/kiocl and details of submission of bid through online are given in NIT. The Bidders on regular basis are required to visit the MSTC’s E-tendering website, KIOCL’s website, MECON’s website and/or CPP Portal for corrigendum/ clarifications/ time extension/ amendments, if any, at a future date. For further clarification, GM (Projects), KIOCL Limited, Bangalore can be contacted on Ph. No. +919937290883 & Email: [email protected].

For and on behalf of KIOCL Ltd

G. V. Kiran GM (Projects & TS)

Mob: +91 9937290883 KIOCL Limited, Bangalore

Karnataka State, India.

KIOCL LIMITED

TENDER DOCUMENT FOR

DESIGN, ENGINEERING, MANUFACTURE, SUPPLY, ERECTION, TESTING AND COMMISSIONING

OF

POWER DISTRIBUTION SYSTEM

ON TURNKEY BASIS AT KIOCL BF UNIT, MANGALURU, KARNATAKA

PACKAGE NO. 010

(DOMESTIC BIDDING)

VOL-1- COMMERCIAL

MECON LIMITED

BANGALORE – 560004

Ref No. KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 October 2020

TENDER DOCUMENT FOR POWER DISTRIBUTION WORKS (PKG No. 010)

AT BLAST FURNACE UNIT, KIOCL LIMITED, MANGALURU

CONTENTS

KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 Page 1 of 2

INVITATION TO TENDER FOR

DESIGN, ENGINEERING, MANUFACTURE, SUPPLY, ERECTION, TESTING AND COMMISSIONING OF POWER DISTRIBUTION SYSTEM ON TURNKEY BASIS

CONTENTS SHEET FOR- VOL-1-COMMERCIAL

Sl. No.

Description

1 Check List

2 Press Notification

3 Notice Inviting Tender (NIT)

4 Instruction to Tenderers (ITT) with Annexure 1 - 11

Letter of Undertaking (Annexure – 1)

Bank Guarantee towards Earnest Money Deposit (Annexure – 2)

Eligibility requirement information (Annexure -3a &3b)

Information about the Bidder (Annexure – 4)

No Deviation Declaration (Annexure –5)

Details of works in Hand (Annexure – 6)

Organization set-up at site (Annexure-7)

Integrity pact (Annexure – 8)

Process of e-Reverse auction (Annexure-9)

Preference to Make In India and granting of purchase preference to Class-I local suppliers (Annexure-10)

Restrictions under Rule 144 (xi) of the General Financial Rules (GFRS),

2017 (Annexure-11)

5 Form of Contract Agreement with Appendices

Appendix-1 - Price Schedule

Table-1 : Summary Price Schedule

Table-2 : Price Schedule for Design & Engineering

Table-3 : Price Schedule for Supply of Plant & Equipment



CONTENTS


Sl. No.

Description

Table-4 : Price Schedule for Storage, Handling, Erection, Testing and Commissioning of Plant & Equipment.

Table-5 : Price schedule for 2 year O&M spares

Appendix-2 : Time Schedule

Appendix-3 : Terms of Payment

6 Special Conditions of Contract (SCC)

7 General Conditions of Contract for Works (GCC-1)

General Conditions of Contract for Supplies (GCC- 2)

8 Annexure-I : Proforma Bank Guarantee for Contract Performance

Annexure-II : Proforma Bank Guarantee for Release of Payment Against Commissioning Certificate/ Final Acceptance Certificate



CHECK LIST


CHECK LIST

Tenderer shall ensure that all the documents given below have been submitted with the offer: Tender No. : Bidder’s Ref. No. : Name of Facilities :

Sl. No.

Details of document Submitted (Yes / No))

Part-A 1 Letter of Undertaking (as per Annexure – 1 of ITT)

2 Earnest Money Deposit (Pro-forma of BG as per Annexure – 2 of ITT) 3 Cost of Tender Document in the form of Demand Draft

4 Integrity Pact (Integrity Pact to be signed) as per Annexure – 8 of ITT

Part-B Checklist for submission of bid (duly filled up)

1.a Details of work done (To be considered for meeting the Eligibility criteria – Technical as per Annexure-3a of ITT)

1.b Documents in support of fulfilment of Eligibility Criteria-Technical

2.a Details of Turnover (To be considered for meeting the Eligibility criteria – Financial as per Annexure-3b of ITT)

2.b Audited Financial Statements including Profit and Loss statements for the last three financial years of the bidder duly self-certified/ Chartered Accountant Certified Annual Turnover for last three (3) consecutive financial years in support of their financial credentials, in lieu of the Annual Financial Statements.

3. Amendments/ corrigenda/ Addenda etc. on this tender document, if any, issued by the EMPLOYER/ Consultant, duly signed by the Tenderer

4. Information about the Bidder (as per Annexure – 4 of ITT)

5. No Deviation Declaration (As per Annexure-5 of ITT)

6. Blank price format with the word “QUOTED” written in place of price data furnished in the Price Bid.

7. Latest Power of Attorney 8. Copy of PAN Card, PF & ESI Registration Certificate

9. Bank account details of the bidder 10. Declaration by the tenderer in his letter head that the firm is not

blacklisted by any PSU/Govt body. On verification if it is found that the tenderer has given misleading/ false information, then his tender will be summarily rejected.



CHECK LIST


Sl. No.

Details of document Submitted (Yes / No))

11. Declaration by the Tenderer on his letter head informing relationship with employees of KIOCL, if any.

12. Authorization letter to Employer by the Tenderer in their letter head authorizing KIOCL Limited to seek references from Tenderer’s bankers

13. Technical Bid

14. Time schedule in the form of Bar Chart

15. Filled in Technical questionnaire by the bidder (if any)

16. ‘A’ class Electrical certificate.

17. Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 6 of ITT

18. Proposed Organization set up at Project site (Annexure – 7 of ITT)

19. List of Plant & Machinery proposed to be mobilized

20. Overall description of the method proposed for carrying the work

21. Tenderer’s proposed quality assurance program

22. Itemized list of commissioning spares

23. Declaration and Certification of local Content (Annexure – 10 of ITT)

24. Self-Declaration of having read Fraud prevention policy of KIOCL (Clause no 38.1 of ITT)

25. Certificate Regarding Compliance (if applicable) as per Rule 144 (xi) of the General Financial Rules (GFRS), 2017 (Annexure – 11 of ITT)

26. Others, if any (Bidder to specify)

27. Part-C

Price Bid (Duly Filled)



NIT KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 Page 1 of 24

NOTICE INVITING TENDER (NIT) 1. KIOCL Limited (earlier known as Kudremukh Iron Ore Company Limited) is a Miniratna

Public Sector Company under the Ministry of Steel, Government of India. Primarily engaged in the business of manufacturing of Iron ore pellets. It used to operate a pig iron plant having a 350 cu.m blast furnace. It is planning to re-start the existing Blast Furnace by suitable up-gradation and simultaneously also go for forward and backward integration of the plant by expanding its activities towards manufacturing of Ductile Iron Spun pipes. For executing above forward and backward integration various packages have been envisaged. This Tender Covers Design, Engineering, Manufacture, Supply, Erection, Testing and Commissioning of Power Distribution System on Turnkey Basis at existing BF unit complex in Mangalore, Karnataka.

2. KIOCL Limited shall be utilizing the e-procurement service of MSTC Limited, A Government of India Company having its registered office at 225-C, AJC Bose Road, Kolkata- 700 020 for enabling us to procure goods, services and works.

3. KIOCL has engaged MECON Limited as consultant for this project. MECON Limited (MECON) shall be hereinafter referred to as “Consultant". KIOCL Limited, BANGALORE is hereinafter referred to as "KIOCL".

4. KIOCL Ltd. invites online tenders from the prospective bidders of repute to participate in tender, the mode of which happens to be e-Procurement System.

5. Bidder should submit their tenders in three parts through e-procurement mode only. The instructions on the portal shall be followed, while submitting the tender.

Part-A - “Cost of tender document, Bid Security, Letter of Undertaking and Integrity

pact”

Bid Security shall be in the following forms:

(a) a Bank Draft or (b) a Bank Guarantee from Nationalised Bank/scheduled commercial

bank in the form provided in the bidding documents Part-B - “Techno-Commercial Bid”

Vol. – I- Commercial along with blank price format with the word “QUOTED” in place of price data furnished in the Price Bid.

Vol. - II- Technical Vol – III- Drawings

Part-C - “Price Bid” only.




6. The E- procurement would be conducted by M/s. MSTC Limited. (Online Part-B - Techno-Commercial Bid and Part-C -Price Bid through http://www.mstcecommerce.com/eprochome/kiocl of MSTC Ltd.)

MSTC Event No. & Date Description Last date & Time for submission of offer

KIOCL/20-21/ET/233 Design, Engineering, Manufacture, Supply, Erection, Testing and Commissioning of Power Distribution System on Turnkey Basis at Mangalore in accordance with technical specifications and other terms & conditions of the tender.

17-11-2020 up to 17:00 hrs IST

7. The cost of Bidding Document including processing fee is Rs. 1,770/- (Rupees one thousand

seven hundred and seventy only) inclusive of 18% of GST payable by Demand Draft in the name of “KIOCL LIMITED” and payable at BANGALORE or Online payment. The Demand draft shall be submitted in physical form along with EMD. The bid of any bidder shall be considered only if the bid is accompanied by the prescribed Tender fee in the form of demand draft along with EMD or proof of payment for online transaction.

8. The complete set of tender documents can also be downloaded from the following website’s:

KIOCL Limited: http://www.kioclltd.in/KIOCLtender/default.aspx MECON Limited: http://www.meconlimited.co.in/active_tender.aspx Central Public Procurement Portal: https://eprocure.gov.in/epublish/app MSTC Limited: https://www.mstcecommerce.com/eprochome/KIOCL/buyerlogin.jsp

9. The Bidder shall download the entire “Bidding Document” available in the above referred websites in totality and shall be submitted along with the Bid.

10. Bid documents and/or corrigendum downloaded from KIOCL website /Central Public procurement portal/ MECON website / MSTC website shall only be considered as authentic. Bid documents downloaded from any other source / website is/are liable for rejection.




11. It shall be the responsibility of the prospective Tenderers to ensure that the Bids have been submitted in the formats and as per the terms and conditions prescribed in the website and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender (NIT) forms the complete bidding document. All the documents along with detailed NIT as placed in the website is final including clarification, drawings, corrigendum, addendum, pre-bid meetings, if any. On verification, at any time, whether the Bidder is successful or not, if any of the documents submitted by the Bidder including the documents downloaded from above mentioned websites/ issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. As per the rules of the Company. In case of any discrepancies between Tender documents downloaded from the website and the document available with KIOCL/ MECON, the document available with KIOCL/ MECON shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Tenderers will be entertained.

12. It will be presumed that the Bidder have gone through the entire bidding documents available

in the website or purchased by the bidder (as the case may be), which shall be binding on them.

13. Salient features of the bid/Bid Data Sheet (BDS):

The following bid-specific data for the facilities including plant and equipment to be procured, installed & commissioned, shall amend and/or supplement the provisions in the Notice Inviting Tender (NIT) and Instructions to Tenderer (ITT). Whenever there is a conflict, the provisions herein shall prevail over those in the NIT and ITT.

1 Tender Enquiry No. & Date

KIOCL/TS/BFU/PDS/PKG-10/F-542/ET233 dated 16.10.2020

2 MSTC event no. KIOCL/20-21/ET/233

3 Tender type Domestic 4 Name of Facilities / Work Power Distribution System 5 Package No. 010

6 Scope of work Design, Engineering, Manufacture, Supply, Erection, Testing and Commissioning of Power Distribution System on Turnkey Basis at Mangalore, Karnataka State, as detailed in enclosed Technical Specification No. MEC/01/E1/TS/PDS/197C/PKG-010/0001

7 Name of Employer KIOCL Limited, BANGALORE 8 Address of Employer KIOCL Ltd.,

Sarjapur Road, Koramangala, 2nd Block BANGALORE -560 034, Ph No.: +91 80 25531461-70 (Ext 283) Email: [email protected]

9 Name of Consultant MECON Limited, Bangalore

10 Cost of Bidding Document including processing fee (Non Refundable. The cost of Tender document is including 18% GST).

Rs. 1,770/- (Rupees one thousand seven hundred and seventy only) (payable by Demand Draft in the name of “KIOCL Limited” and payable at Bangalore, India) or Online (Through RTGS)




Payable to: UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546

11 Downloading of Bidding documents from

http://www.kioclltd.in http://www.meconlimited.co.in http://www.eprocure.gov.in http://www.mstcecommerce.com

12 Viewing / Downloading of Tender Documents

Start date & Time: 16/10/2020 (10:00 Hrs IST) Close date & Time: 17/11/2020 (17:00 Hrs IST)

13 Place of Obtaining further information/Submission of hard copies of documents pertaining to Bid (ITT clause 5.2)

The Tender/Clarification shall be addressed to and hard copies of documents pertaining to Bid should be submitted to: General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]

14 Manner of Submission of Online Tender

Refer Clause No. 4.2 of ITT and for Guidelines for online submission of Bid, please refer “Instructions to e-procurement” to NIT.

15 Submission of Online Tender

Start date & Time: 03/11/2020 (10:00 Hrs IST) Close date & Time: 17/11/2020 (17:00 Hrs IST)

16 Pre – Bid meeting

No pre Bid meeting shall be held in person or through video conference. Bidders may send all their pre bid-queries if any on the tender document by e-mail to [email protected] with a copy to [email protected] on or before 5.30 pm of 27-10-2020.

17 Contact person for site visit and for the issuance of Site Visit Certificate

Jt. General Manager, KIOCL Limited, Panambur, Mangaluru – 575010 Telephone: 0824-2409681 E-Mail: [email protected], [email protected]

18 Opening of Part – A, B & C of Tender (ITT clause 15.4 & 18.1)

Part-A & B: The Techno-Commercial bid will be opened electronically on 18/11/2020 at 10:30 Hrs (IST).




As per the manner and in the form specified in clause no.15.0 of NIT, the bidder in addition to uploading the bid on KIOCL’s (MSTC) e-tender portal shall also submit the following documents in Original (in physical) form by the bid due date & time at the address given in Sl. No. 13 above:

1.0 EMD, 2.0 Letter of Undertaking, 3.0 Integrity Pact, 4.0 Tender Fee 5.0 MSME certificate in Lieu of Tender Fee and EMD

(If applicable)

If any of the above documents are not submitted, the bidder shall be considered as non-responsive and their bid shall be liable for rejection and Part-B of such unresponsive bid will not be opened.

Part-B of all other bidders, which are otherwise found responsive, except for any discrepancies such as typographical errors / omissions / deletions/ page(s) not signed etc. in Part-A of documents, will be opened on the same date and venue subsequently. However, in case of any discrepancies as mentioned above in Part-A documents, the bidder shall submit the revised / corrected documents on intimation by KIOCL / Consultant failing which their tenders are liable for rejection.

Part-B of the Bids will be considered for evaluation only after Part-A of the bid complies with the provisions of the bidding documents by the bidder.

Part-C: Price bid will be opened electronically of only those bidder(s) who have been techno-commercially found acceptable.

On opening of the Part-A of the Bid, if EMD (in the form and manner specified in NIT/ITT), Letter of Undertaking, Integrity Pact, cost of Tender document are not found in Part-A of the bid, such bids shall be considered as unresponsive and summarily rejected. Part-B of such unresponsive tenders will not be opened.

19

Bid Security / Earnest Money Deposit

Rs. 1,50,000/- (Rupees one lakh fifty thousand only) Validity of BG in lieu of EMD: 09 Months from the due date of submission of the tender (Refer Clause No.11 of ITT) or online payment to UNION BANK OF INDIA PBS (KORAMANGALA) BANGALURU -560 034 ACCOUNT NO. 515401010022015 IFSC CODE: UBIN0551546




20 Time for Completion GCC-1 clause no. 8.0, GCC-2 clause no. 13 and Article 5 of Contract Agreement.

6 (Six) months from the Effective date of Contract.

The Effective Date of Contract shall be the date of signing of Contract or 30 days from date of Letter of award of contract (LAC), whichever is earlier

21 Validity of the offer (ITT clause 12.1)

Six (06) months from the due date of submission of bid.

22 Eligibility/Qualification requirements for Bidders (ITT clause 8.4 (b))

Bidder should fulfil the Technical & Financial eligibility and Minimum Local Content requirements as detailed below:

The bidder having credentials of complying with the

minimum eligibility / pre-qualification criteria as

stipulated herein below only would be considered

eligible.

A. Technical Eligibility requirements

a) Bidder’s experience of having successfully completed “Design, Engineering Supply, Retrofitting, Erection, Testing and Commissioning of metal clad indoor HT switchgear operated with VCB of voltage rating 6.6 kV or higher as part of the overall scope of work of bidder or as complete scope work of the bidder” during the last seven (7) years, ending last day of month previous to the one in which the Notice Inviting Tender (NIT) being issued should be either of the following:

i) Three (3) similar completed works costing not less

than the amount equal to Rs. 46.76 Lakhs (Rupees forty six lakhs seventy six thousand only).

OR

ii) Two (2) similar completed works costing not less

than the amount equal to Rs. 58.45 Lakhs (Rupees fifty eight lakhs forty five thousand only).

OR

iii) One (1) similar completed work costing not less

than the amount equal to Rs. 93.52 Lakhs (Rupees ninety three lakhs fifty two thousand nly).

NOTE: The Bidder shall submit their experience details along with documentary evidence such as signed & stamped copies of the following documents in support of their meeting the above stipulated eligibility criteria.




i) Detailed Purchase order or Letter of Award or Work order or Contract agreement or Client certificate which should contain the detailed scope of work of bidder, technical parameters of units etc., as indicated at point “A” above.

ii) Completion certificate in support of Completion date of the work and completed value of work from client.

iii) The certificate issued by the owners / clients should contain the Order ref. no., Work order value, scheduled completion time, actual commissioning date (Handing over certificate /completion certificate of client) and its satisfactory performance.

iv) Bid shall be submitted by a sole bidder and consortium is not allowed.

v) The bidder shall possess valid electrical license issued by Government of Karnataka / any state Licensing Board of the country for carrying out the testing & commissioning work of the installation of switchgear of 6.6 kV voltage class or higher.

vi) The bidder shall possess valid electrical supervisory certificate of competency issued or recognized by Government of Karnataka / any state Licensing Board of the country for carrying out supervisory work of the testing & commissioning work of the installation of metal clad switchgear of 6.6 kV voltage class or higher.

B. Financial eligibility requirements:-

i. The Tenderer/Bidder shall have an average annual financial turnover of at least Rs. 35.07 Lakhs (Rupees thirty five lakhs seven thousand only), during the last three (3) financial years 2017-2018, 2018-2019, 2019-2020. Note: The Tenderer shall submit audited annual financial reports for the above 3 (three) financial years in support of their meeting the stipulated financial requirements. Annual financial turnover of entities participating in the tender on their own strength only shall be considered and not their related entities like holding company, subsidiaries or group companies etc., i.e.,




Tenderer shall be independent legal entities and shall have its own independent financial accounting system as per laws of their country.

ii. The Net worth of the bidder as per the immediate preceding year’s Audited financial results should be positive.

iii. Bidder should have minimum working capital of Rs. 58.45 Lakhs (Rupees fifty eight lakhs forty five thousand only) as per the immediate preceding year’s Audited Financial Results. For calculating the working capital, current assets and current liabilities will be considered as classified in the audited balance sheet of the year immediately preceding the date of issue of tender.

C. The Bidder offer shall have a mandatory minimum Local content of more than 20% of the total offered value for the total scope of work. Necessary declaration and certificate from Statutory Auditor as per Attachment - 1 to Annexure-12 shall be submitted.

23 Spares (ITT clause 8.4(c) (ii))

List of O&M Spares required for operation of 2 years following completion of the facilities

Item-wise price to be submitted by successful bidder as per GCC-2 Clause No. 12.

24 Alternative Bids (ITT clause 8.3)

Refer ITT clause 8.3

25 Bid Prices (ITT clause 10.4)

Bidders are required to quote price breakup in all the applicable tables of Price Schedule.

Bidder to quote prices on FOR site delivery basis.

Bidder shall not quote for charges towards supervision separately as the same is already deemed included in erection price. The same will not be paid separately.

Dummy price sets are to be uploaded by the Tenderer without indicating the price figures (i.e. quoted rates / amount etc.) duly signed & stamped on all pages for execution of all items as per the Specifications/ Standards by successful bidder, exactly matching the format of price-schedule given in tender document. This should be a true copy of the ‘Price-bid’ as uploaded by the party, except that price-figures i.e. quoted rates /amount etc. should not be mentioned in the ‘Dummy Price Set’ and Tenderers may indicate the word ‘Quoted’ against the items in the ‘Dummy Price Set’.




Bidder shall not quote for charges towards training to be provided on the KIOCL site (within premises of Plant) as the same will not be paid separately. It will be the responsibility of the Contractor to provide onsite, on job training during erection, testing, commissioning and PG test in accordance with the terms of tender.

26 Technical Evaluation of Bid

Technical evaluation shall be carried out in accordance with the requirements set forth in Technical Specification included in the bidding document.

27 Price Bid Evaluation (ITT clause 25)

The Price bid evaluation and E-Reverse auction shall be carried out as per ITT Clause 25.0

28 Performance Guarantees

The Bidder shall quote his price conforming to the Performance Guarantee as specified in Technical Specifications No. MEC/01/E1/TS/PDS/197C/PKG-010/0001.

29 Amount of Performance Security (Performance Bank Guarantee / Security Deposit) (ITT clause 32.1)

Performance Security amount shall be ten percent (10%) of the Contract price in Rupees (including taxes and duties as included in Price Schedule)

30 Integrity Pact (ITT clause 36)

Name of the External Independent Monitor & Address

Integrity Pact to be signed – Yes

Shri. Varanasi Udaya Bhaskar CMD (Retd.), Bharat Dynamics Ltd., Flat No. 101, 1st Floor, Block No. B, Sri Balaji Gulmohar Township Bachpalle, KV Rangareddy Hyderabad – 560 090. Mob: 09490796474 E-Mail: [email protected]

31 Address of the Employer General Manager (Projects) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]

32 Preference to Make in India and granting of purchase preference to Class –I local suppliers.

Purchase preference shall be given to Class-I local suppliers as per general methodology specified in Annexure-12 of ITT (Preference to Make in India and granting of purchase preference to Class-I local suppliers).

The bidders shall furnish Local Content Declaration and Certification as per the format provided in Attachment - 1 to Annexure-12 along with their bid.




In case a bidder does not submit the aforesaid (Local Content) declaration and certification or no value is indicated by the bidder or statement/any declaration like ‘later’, ‘to be furnished later’, ‘NA’ etc. are indicated by the bidder against value/percentage of local content, then the bidder shall not be considered as a Class-I local supplier and shall not be eligible for any purchase preference.

33 Restrictions under Rule 144 (xi) of the General Financial Rules (GFRS), 2017

Bidder from a country which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority (Refer Annexure-13 of ITT). The bidders shall furnish Certificate regarding compliance as per the format provided in Attachment - 1 to Annexure-13 along with their bid.

14. If the date and time for any activity indicated in the tender document happens to be a

holiday or a non-working day, for any reason, then the next working day and time will be automatically taken as the date and time for such activity.

15. Each Tenderer/ Bidder shall submit only one bid in compliance with the requirements of the bidding documents. Alternatives will not be considered. Submission of more than one bid will cause all the proposals with the Tenderer’s participation to be disqualified.

16. The Bid Document consists of:-

Documents as detailed in ITT clause 4.1.

17. Submission of Integrity Pact (IP)

Bidders are required to submit Integrity Pact along with their bid as per format and manner as given in bidding document. (Ref Clause no. 36.0 of ITT) and complying with the following requirements.

17.1 Bidder shall submit the Integrity Pact document on its Company’s Letter head, duly signed

by the authorized representative on all pages. 17.2 If the Bidder / Contractor is a partnership firm, the Integrity Pact shall be signed by all the

partners. 17.3 On behalf of KIOCL, the Integrity Pact will be signed by the authorized nominee

immediately on receipt of Integrity Pact signed by the Bidder. 17.4 The Integrity Pact shall be submitted in a separate envelope duly super scribing “Integrity

Pact” and submitted with Part-A of the offer. 17.5 The Bidder shall not change the contents of Integrity Pact.

17.6 The Bidder / Contractor will abide by the conditions given in the IP document enclosed as

annexure along with the tender document. (Refer IP Pro-forma).




17.7 The details of the External Independent Monitors nominated for this Bid are given in Salient features/ Bid Data sheet of NIT.

18. Submission of Bids

Bids will be accepted only through the e-tender portal. No manual bids shall be permitted along with electronic bids. Tender issuing authority is not responsible for the delay /non-downloading of tender documents by the recipient due to any problem in accessing the e-tender website. The tender issuing authority is also not responsible for delay in uploading bids due to any problem in the e-tender website. For submitting online bid, the prospective bidder is requested to visit the following M/s MSTC Limited website link; https://www.mstcecommerce.com/eprochome/KIOCL/buyer_login.jsp Before proceeding to submit online bid, bidders are requested to go through ‘Vendor Guide’ given in the above link. Bidders are to get themselves get registered and obtain Digital signature as mentioned in the Vendor Guide. The details given in the M/s MSTC Limited Vendor Guide are binding and are part of Tender document. After filling the preliminary information, the bidder shall proceed to submit the bid in three parts in seriatim. Bid submission Acknowledgement The bidder should complete all the process and steps required for Bid submission. The successful bid submission can be ascertained once acknowledgement mail is received in their registered email id against tender after final submission. The acknowledgement is the only confirmation of submission of bid, which the bidder can show as a proof of participation in the tender. Other than this acknowledgement, no proof will be considered as a confirmation to the submission of a bid. If the bidder fails to produce this acknowledgement required for verification in case of dispute, his claim for submission of bid may not be considered.

Before uploading the documents, the bidder is requested to arrange the soft copies of all the documents as per the documents list given hereunder. It may please be noted that there is a data limit for upload. Each upload document size shall not be more than 3MB. The documents more than 3MB are not accepted by the system. Bidders are requested to check beforehand that all their files size are complying to above data size. Further, bidders are requested to upload only relevant document as sought in the tender and avoid uploading unnecessary documents.

Guidelines for online submission of Bid, please refer to “Instructions to e-procurement” to NIT.

The documents to be submitted in three parts are given hereunder.




Part A: The following constitutes Part-A of the documents;

Sl.No Description Remarks

(i) Letter of undertaking as per Annexure – 1 to ITT

Bidder is requested to upload the scanned copy of Letter of Undertaking (LOU) and Hard copy of LOU to be mailed to KIOCL Limited at the address given at relevant clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(ii) Rs. 1,50,000/- (Rupees one lakh fifty thousand only) Either in the form of Bank Guarantee as per Annexure – 2 to ITT / DD towards EMD/ online payment (Refer Clause no.11 of ITT)

Bidder is requested to upload the scanned copy of Bank Guarantee / DD /online payment. Hard copy of BG/DD to be mailed to KIOCL Limited at the address given at clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(iii) Tender fee including processing fee Rs. 1,770/- (Rupees one thousand seven hundred and seventy only) including 18% GST) drawn in favour of KIOCL Limited and payable at Bangalore or online

Bidder is requested to upload the scanned copy of DD/ online payment. Hard copy of DD or proof of payment for online transaction to be mailed to KIOCL Limited at the address given at clause No. 13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(iv) Duly signed Integrity Pact as per the pro-forma given in Annexure-8 to ITT (Refer clause no.17.0 hereof)

Bidder is requested to upload the scanned copy of signed Integrity Pact. Hard copy of Integrity Pact to be mailed to KIOCL Limited at the address given at clause No.13.0 hereof so as to reach KIOCL Limited before the due date and time of opening of online tenders.

(v) In case of MSME firm claiming exemption for submission of Tender Fee and EMD under MSMED Act 2006, (Refer Clause No.23.0 for claiming exemption under MSMED Act)

Bidder is requested to upload the scanned copy of valid MSME registration certificate.The above document is to be uploaded in place of EMD and Tender fee. Bidders who are Central Government Departments / PSUs who are given exemption of payment of Tender fee only shall upload scanned copy of Declaration to this effect.

Hard copies of the above documents are to be submitted in sealed cover duly super scribing the “PART – A”, and mentioning tender No., name of the work, due date of submission and name and address of the tenderer on the envelope and the same shall be addressed to GM (Projects & TS), KIOCL Limited, Bangalore at the address given at Clause No. 13.0 hereof so as to reach before the due date and time of opening of online tender.




Part-B : The following documents comprise Part-B of Bid;

Sl. No. Description Remarks

(i) Documents in support of fulfilment of Eligibility Criteria as mentioned in BDS and as per Annexure-3a & 3b to ITT.

Bidder is requested to fill Annexure-3a & 3b to ITT and scan the document along with the Award letter, completion certificates and other relevant documents for fulfilling the technical eligibility criteria and same shall be uploaded in the website as a single file. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(ii) Information about the Tenderer: This shall be furnished in the prescribed pro-forma as per Annexure – 4 to ITT.

Tenderer is requested to fill Annexure-4 to ITT and scan the document along with attachment, if any. Bidder is requested to upload all the documents as a single scanned file. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(iii) Latest Power of Attorney (Not earlier than six months from the due date of submission of bid) of the signatory of the bid in original or duly attested by a Notary Public (with original sign and seal). (Refer Attachment 1 clause no. 8.4 (a) of ITT)

Bidder is requested to scan the power of Attorney and upload the scanned file.

(iv) Audited Financial Statements including Profit and Loss statements for the last three financial years. In case of non-availability of Audited Annual Reports for any genuine reasons, as an alternative, with reasoned proof, the bidder may submit Certified Annual Turnover for last three (3) consecutive financial years ending 31st March 2019 from a practicing Chartered Accountant, duly notarized, in support of their financial credentials, in lieu of the Annual Reports.

Bidder is requested to scan the audited financial results and upload the scanned file.

(v) Net worth (Refer Sl. No. 22 of Bid Data Sheet)

Bidder is requested to upload the relevant documents. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.

(vi) Working capital (Refer Sl. No. 22 of Bid Data Sheet)

Bidder is requested to upload the relevant documents. If document size is more than 3 MB, then Bidder can split the document in multiple files and upload under same clause.





(vii) Photocopy of Permanent Account Number (PAN) issued by IT department and copy of P.F Registration Certificate indicating P.F. code number allotted by any Regional Provident Fund Commissioner. Copy of Latest P.F Challan or documentary evidence in support of remittances made towards P.F shall also be submitted. Photocopy of ESI registration certificate to be submitted. .

Bidder is requested to submit scanned PAN copy issued by IT Department and PF number issued by EPFO and latest PF remittance challan, ESI registration certificate. All the above documents to be scanned together to form one file. Bidder to upload scanned file.

(viii) Copy of GSTIN registration certificate. Bidder to upload scanned GSTIN registration certificate.

(ix) Provide Bank Account details in order to facilitate payments through e-payment mode.

Bidder to upload the scanned copy of cancelled cheque.

(x) Organization set up proposed at the site work: This shall be furnished in the prescribed pro-forma as per Annexure – 7 to ITT.

Bidder to upload scanned copy of duly filled Annexure – 7 to ITT.

(xi) Time schedule in the form of BAR CHART / Network proposed by the Bidder for completion of the work within the time specified in Notice Inviting Tender (NIT).

Bidder to upload the scanned copy of Bar chart.

(xii) List of Plant and Machinery proposed to be mobilized by the Bidder.

Bidder to upload the scanned copy of list of plant and machinery proposed to be mobilized.

(xiii) Overall description of the method the Bidder proposes to adopt for carrying out the work.

Bidder to upload scanned copy of relevant document.

(xiv) Dummy price sets to be uploaded by the bidder without quoting the price, but indicating “quoted”/ “not quoted” (as the case may be), duly signed and stamped on each pages. Any footnotes, remarks etc. in the dummy price bid shall be considered only if they are in line with the bidding document otherwise such footnotes, remarks etc. are considered as deviations.

Footnotes, remarks etc. made in the Price Bid must also appear in the Un-priced / dummy copy thereof to be uploaded with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall be ignored and this shall at bidder’s cost and risk.

Bidder is requested to download the price schedule given in the tender document and fill the places where price is indicated as ‘Quoted’ / Not Quoted’ and also indicate the percentage of rates and taxes considered in the individual table. After filling the above, scan the same and upload the file as PDF format only (no other format is accepted by online platform) in the website. Please note that price should not be entered in the tables. If price is entered by mistake or otherwise, the bid may be liable for rejection.





(xv) Valid certificate of registration of ‘A’ class Electrical Contractor from the Karnataka Electrical Inspectorate/ any state Licensing Board. In case the bidder does not possess the same, they shall give an undertaking that they shall obtain the same before commencement of work at site but at the latest within three (3) months from the effective date of contract.

Bidder to scan the certificate / undertaking and upload the same in the website.

(xvi) Technical – commercial offer as per Commercial volume and Technical Specification for the subject Tender

After going through Commercial volume and Technical specification, Please upload an undertaking that the scope of work as per Commercial volume and Technical specification is acceptable to the bidder without any Deviations.

(xvii) Filled in Technical Questionnaire by the Bidder. After going through Technical specification, if any data is sought, the same may be furnished by uploading its scanned copy.

(xviii) Itemized list of Commissioning spares considered, if any

Bidder to upload the scanned document for list of commissioning spares / declaration (if no such spares are envisaged)

(xix) Details of works in hand at present: This shall be furnished in the prescribed pro-forma as per Annexure – 6 of ITT.

Bidder to upload the scanned Annexure-6 to ITT duly filled.

(xx) Amendments/corrigenda/Addenda etc. for the tender, if any, issued by the KIOCL, duly signed, by the tenderer.

Bidder to upload the scanned Amendments/ corrigenda/ Addenda etc. for the tender issued by KIOCL. In case of no such Amendments/ corrigenda/ Addenda etc. for the tender, bidder to upload the scanned copy of NIL declaration statement.

(xxi) Interpretations/ Clarifications on this tender document, if any, issued by the KIOCL, duly signed by the tenderer.

Bidder to upload the scanned Interpretations / Clarifications for the tender issued by KIOCL. In case of no such Interpretations / Clarifications for the tender, bidder to upload the scanned copy of NIL declaration statement.

(xxii) Declaration by the tenderer in his letter head that the firm is not blacklisted by any PSU/ Govt body. On verification if it is found that the tenderer has given misleading /false information, then his tender will be summarily rejected.

Bidder to upload the scanned declaration





(xxiii) Tenderer must declare whether the Proprietor or any Partner of the firm or Director of their Company as the case may be, has any relation with any employee working in KIOCL.

Bidder to upload the scanned declaration.

(xxiv) Checklist for submission of Bid Bidder to submit the filled in checklist duly scanned and uploaded to website.

(xxv) Declaration and Certification of local Content

Bidder to submit the Declaration and Certification of local Content as per the format provided in Attachment - 1 to Annexure-12 duly scanned and uploaded to website.

(xxvi) Certificate Regarding Compliance as per Rule 144 (xi) of the General Financial Rules (GFRS), 2017

Bidder to submit the Certificate Regarding Compliance as per the format provided in Attachment - 1 to Annexure-13 duly scanned and uploaded to website.

Part-C: Price Bid to be submitted as follows;

After submitting Part A & Part B, the Bidder needs to do the following: 1. Click on ‘Download Price’ and download the Price Schedule (Excel Document). 2. Bidder needs to fill up price in the Excel sheet(s) offline and save the file without

renaming the file name. Please note that system will not accept the renamed file. 3. Click on ‘Upload Price’ Button to upload the filled up excel file for submitting the price

bid. 4. Click on ‘Final Submission’ to submit the tender.

Price bid will be opened electronically of only those bidder(s) whose Part A & B are found to be acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C-Price bid, through valid email confirmed by them.

Note: The Bidders are advised to offer their most competitive prices while submitting the price bid.

Price schedule is provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable.

If the Price schedule file is found to be modified by the bidder, the bid will be rejected.

18.1 The Bidder is requested to note that the price indicated in summary price schedule (Table 1A) through online platform (without downloading the file) and the price schedule uploaded by the bidder should match. In case of any discrepancies between online platform and BOQ, online platform will prevail. However, evaluation will be based on tender stipulations. If the bidder does not accept the correction of errors, their bid will be rejected.




18.2 Price bid will be opened electronically of only those bidder(s) whose Part B Techno-Commercial Bid is found to be Techno-Commercially acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C Price bid, through valid email confirmed by them. The Bidder has submit their price in Part- C section online and the breakup of the same to be filled up in the price schedule format provided in the tender.

18.3 For Further Guidelines for online submission of Bid, please refer to “Important instructions to e-procurement” to NIT.

18.4 It shall be the responsibility of the Tenderers submitting the bid to ensure that the bid has been submitted in the formats and as per the terms and conditions of the tender documents and no change should be made therein. In the event of any doubt regarding the terms and conditions/ formats, the bidder concerned may seek clarifications from MECON. In case, any tampering/ unauthorized alteration is noticed in the Bid submitted from the Bidding Document available on the above mentioned Websites, the said Bid shall be summarily rejected and the company (KIOCL/ MECON) shall have no liability whatsoever in the matter.

18.5 KIOCL/ MECON takes no responsibility for delay, loss or non-receipt of documents sent by post. No financial obligations shall accrue to the KIOCL/ MECON in such an event.

18.6 The project is of prime importance and the bid is to be finalized within shortest possible

time. As such, Tenderer is requested to furnish an exhaustive and complete offer so that need for clarifications/ discussions can be minimized.

18.7 The Bidder shall visit the site and acquaint themselves of the prevailing local conditions before submitting their bid and confirm in the letter of undertaking (Annexure - 1 to ITT) that the bidder has visited the site.

For visiting the site, the Bidder shall contact the following officer:

Jt. General Manager, Blast Furnace Unit KIOCL Limited, Panambur, Mangaluru – 575010 Telephone: 0824-2409681 E-Mail: [email protected]; [email protected]

18.8 Tenderers, who are associated for this Tender with the Consultant (MECON Limited) or any of its associates that have been engaged by the KIOCL to provide Consultancy Services for the preparation of design, Specifications & other documents to be used for procurement of the facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

18.9 Tenderers shall not directly or indirectly, take any service or assistance from the above

referred Consultant for the above work and for any work related to the KIOCL, if he becomes successful Tenderer.

19. Validity of the bid

The bid shall be kept valid for a period of 6 months from the due date of submission of the bid.




19.1 The KIOCL reserves the right to accept or reject any bid or to annul the Bidding process

and reject all bids at any time prior to award of the Contract without assigning any reason whatsoever and without thereby incurring any liability whatsoever to the affected Tenderer(s). Mere purchase and submission of tender document shall not mean fulfillment of requirements of eligibility of the Tenderer(s).

20. The Tender Documents are non-transferable and shall be used by the Purchaser of the

Tender document or by the tenderer who have downloaded the tender document from KIOCL’s website only for the specific purpose for which the Tender document have been issued / uploaded on KIOCL’s website.

21. There will be no post Tender Price Negotiation except with L-1 (i.e. the lowest evaluated

responsive Bid), if required.

22. THIS IS A ‘NO DEVIATION’ TENDER AND OFFER OF THE BIDDERS TAKING DEVIATIONS IN ANY TERMS & CONDITIONS OF THE TENDER SHALL BE REJECTED.

23. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (MSEs)‐

2012 i. To provide the following benefits to the MSEs as per the guidelines for Public Procurement

Policy for MSEs Order, 2012 for the goods or services, where the goods or services can be split, provided the MSEs are registered for the tendered goods or services respectively and submit the valid registration certificate duly notarized as a proof of existence of MSE.

a) Issue of tender document free of cost. b) Exemption from submission of EMD. c) Price preference‐ In tender participating MSE’s quoting price within price brand of L‐I +

15% shall also be allowed to supply the portion of requirement by bringing down their prices to L‐1 prices in a situation where L‐1 price is from someone other than a MSE and such MSE shall be allowed to supply up to 20 % of total tendered value. In case of more than one such MSE, the supply shall be shared equally.

ii. To provide the following benefits to the MSE’s as per the guidelines for Public

Procurement Policy for MSEs Order, 2012 for the goods or services, where the goods or services cannot be split, provided the MSEs are registered for the tendered goods or services respectively and submit the valid registration certificate duly notarized in this regard. a) Issue of tender document free of cost. b) Exemption from submission of EMD.

24. The Bidders may be required to explain / justify the basis of their quoted price as and when asked for. In case, any bidder fails to justify his quoted price or refuse to co-operate in this regard, such bidder will not be considered for participating in the re-tendering, if the contract is not finalized from the present bidding.




25. Even if a Bidder is found to be meet all the eligibility criteria and other requirements, he is liable to be disqualified, without prejudice to KIOCL’s right to take legal actions as per applicable law, if it comes to knowledge that he has made untrue or false representations in the forms, statements, translations and enclosures submitted in proof of eligibility and qualification requirements and / or made any misrepresentation of facts in order to influence the tendering process and its outcome and the same is found to be true by the KIOCL upon verification or otherwise.

26. The Tender Documents are non-transferable and shall be used by the Bidder to whom it has been issued/downloaded by the bidder.

27. Declaration by the bidder in his letter head that the firm is not blacklisted by any Government/ PSU Body.

28. This Notice Inviting Tender will form part of the Tender document.




Process of E-tender:

A) Registration: The process involves vendor’s registration with MSTC Limited e-procurement portal (www. mstcecommerce.com) which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Techno-Commercial Bid as well as Price Bid over the internet will be done. The vendor should posses Class III signing type digital certificate. Vendors are to make their own arrangement for bidding from a Personal Computer connected with Internet. MSTC Ltd is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature).

SPECIAL NOTE: THE PRICE BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED ON- LINE AT http://www.mstcecommerce.com/eprochome/kiocl/

a. Vendors are required to register themselves online with http://www.mstcecommerce.com/eprochome/kiocl/ →Register as Vendor (Vendors) Filling up details and creating own user id and password→ Submit.

b. Vendors will receive a system generated mail confirming their registration in their email which has been provided during filling the registration form.

In case of any clarification, please contact MSTC Limited, (before the scheduled time of the e- tender).

Contact Persons at MSTC Ltd are as under

c. System Requirement:

i) Windows 98 /XP-SP3 & above/Windows 7 Operating System ii) IE-7 and above Internet browser iii) Signing type digital signature - Class 3. iv) JRE 8 update 144 and above software to be downloaded and installed in the system. v) To enable ALL active X controls and disable “use pop up blocker‟ under

Tools→ Internet Options→ custom level

FOR DETAILS PLEASE GO THROUGH THE VENDOR GUIDE AND THE VIDEO UNDER “VIEW VIDEO” LINK AT www.mstcecommerce.com/eprochome

Shriyansh Jain RavindranathEmail: [email protected] Email: [email protected] Mobile : 7411651015 Mobile : 7676456095

Land Line : 080 22260054/22266417 Extn 205




Vendor

GuideLinkhttp://www.mstcecommerce.com/eprochome/UserManualVendor.pdf. VideoLink.http://www.mstcecommerce.com/auctionhome/RenderFileViewVideo.

jsp?file=IE- Configuration.mp4

1) Bidders are instructed to use Attach Documents through the attach document button present under event number selected. Multiple documents can be uploaded. Maximum size of single document for upload is 3 MB.

2) For further assistance please follow instruction of vendor guide http://www.mstcecommerce.com/eprochome/UserManualVendor.pdf

3) All notices and correspondence to the bidder(s) shall be sent through email during the process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

4) Please note that there is no provision to take out the list of parties who are downloading the tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigendum, if any, will be that of the bidders.

5) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/ eprochome/kiocl of MSTC Ltd. or www.kiocl.co.in of KIOCL Ltd.

6) E-tender cannot be accessed after the due date and time mentioned in NIT.

B) Bidding in e-tender:

a) The process involves Electronic Bidding for submission of Techno Commercial Bid as well as Price Bid.

b) The bidder(s) can submit their Techno Commercial Bids and Price Bid through internet in MSTC Ltd website www.mstcecommerce.com/eprochome/kiocl→ Vendor Login → My menu→ Auction Floor Manager→ live event →Selection of the live event→ Techno Commercial Bid.

c) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done twice immediately after clicking on the Techno- Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.




d) After filling the Techno-Commercial Bid, bidders should click„ save for recording their Techno-Commercial bid. Once the same is done, the Price Bid link becomes active and the same has to filled up and then bidders should click on “save” to record their price bid. Then once both the Techno-Commercial bid & price bid has been saved, the bidders can click on the “Submit” button to register their bid

NOTE: - The Techno-Commercial Bid & price bid cannot be revised once the submit button has been clicked by the bidders.

e) In all cases, bidders should use their own ID and Password along with Digital Signature at the time of submission of their bid.

f) During the entire e-tender process, the bidders will remain completely anonymous to one another and also to everybody else.

g) The e-tender floor shall remain open from the pre-announced date & time and for as much duration as mentioned above.

h) All electronic bids submitted during the e-tender process shall be legally binding on the bidders. Any bid will be considered as the valid bid offered by that bidder and acceptance of the same by KIOCL Ltd will form a binding contract between KIOCL Ltd and the Bidder for execution of work. Such successful bidder shall be called hereafter Contractor.

i) It is mandatory that all the bids are submitted with digital signature certificate otherwise the same will not be accepted by the system.

j) KIOCL Ltd reserves the right to cancel or reject or accept or withdraw or extend the tender in full or part as the case may be without assigning any reason thereof.

k) Submission of bid in the e-tender floor by any bidder confirms his acceptance

of all terms & conditions of the tender without any deviations.

l) Unit of Measure (UOM) is indicated in the e-tender. Rate to be quoted should be in Rupee as per UOM indicated in the e-tender /tender document.




C) Submission of Bids :

a.) Login to www.mstcecommerce.com/eprochome/KIOCL →Vendor Login → My menu→ Bidding Floor → live event →Selection of the live event→ Fill PART A, PART B and PART C and upload the docs.

b.) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done immediately after clicking on the Commercial bid. If this application is not run then the bidders will not be able to save/submit his/her bid.

c.) PART A: 1.) Commercial bid will be opened electronically on specified date and time as given in

the NIT. Bidder(s) can witness electronic opening of bid. 2.) Bidder(s) need to submit necessary Tender fee and EMD as mentioned in Clause

respectively of the schedule of tender, to be eligible to bid online in the e-tender. Tender fees is non refundable. No interest will be paid on EMD. EMD of the unsuccessful bidder(s) will be refunded by KIOCL Ltd.

3.) The bidder has to submit scan copies of all the documents as mentioned in the NIT for PART A along with the hardcopies to KIOCL before scheduled closing time.

4.) If any of the documents are not submitted, the bidder shall be considered as non-responsive and their bid shall be liable for rejection and PART-B of such unresponsive bid will not be opened.

d.) PART B: Techno-Commercial bid will be opened electronically whose Part A Commercial

Bid is found to be Commercially acceptable to KIOCL Ltd on specified date and time as given in the NIT. Bidder(s) can witness electronic opening of bid.

e.) PART C: After submitting PART A & Part B, the vendor needs to do the following: 1. Click on ‘Download Price’ and download the Price Schedule (Excel Document). 2. Bidder needs to fill up price in the Excel sheet(s) offline and save the file without

renaming the file name. Please note System will not accept the renamed file. 3. Click on ‘Upload Price’ Button to upload the filled up excel file for submitting the price

bid. 4. Click on ‘Final Submission’ to submit the tender. Price bid will be opened electronically of only those bidder(s) whose Part B Techno-Commercial Bid is found to be Techno-Commercially acceptable to KIOCL Ltd. Such bidder(s) will be intimated the date of opening of Part C Price bid, through valid email confirmed by them. Note: The Bidders are advised to offer their most competitive prices while submitting the price bid.




f.) All entries in the tender should be entered in online Technical & Commercial Formats

without any ambiguity.

g.) All notices and correspondence to the bidder(s) shall be sent through email during the process till finalization of tender by KIOCL Ltd. Hence the bidders are required to ensure that their email I.D. provided is valid and updated at the stage of registration of vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate).

h.) Please note that there is no provision to take out the list of parties who are downloading the Tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigenda, if any, will be that of the bidders.

i.) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to bidders who have downloaded the documents from web site. Please see website www.mstcecommerce.com/eprochome/KIOCLof MSTC Ltd. or www.kioclltd.in of KIOCL Ltd

j.) Any order resulting from this e-tender shall be governed by the terms and conditions mentioned therein as well as in the tender document.

k.) After submitting online bid, the bidder cannot access the tender, once it has been submitted with digital signature.

l.) The bidders must upload all the documents required as per terms of NIT. Any other document uploaded which is not required as per the terms of the NIT shall not be considered.

m.) The bid will be evaluated based on the filled-in technical & commercial formats.

For KIOCL Limited

(G V KIRAN) General Manager (Projects & TS) KIOCL Ltd., Sarjapur Road, Koramangala, 2nd Block Bangalore – 560 034 Ph: +91 9937290883 E. Mail: [email protected]



ITT KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 Page 1 of 67

INSTRUCTIONS TO TENDERERS (ITT)

TABLE OF CONTENTS

S No. Item Page no. A. Introduction 1. Eligible Bidders 3 2. Facilities - Plant, Equipment, & Services 3 3. Cost of Bidding 3 B. The Bidding Document 4. Content of Bidding Documents 3 5. Clarification of Bidding Documents 5 6. Amendment of Bidding Documents 7 C. Preparation of Bid 7. Language of Bid 7 8. Documents Comprising the Bid 8 9. Letter of Undertaking and Price Schedules 10

10. Bid Prices 10 11. Bid Security 11 12. Period of Validity of Bid 14 13. Format and Signing of Bid 14 D. Submission of Bids 14. Sealing and Marking of Bids 17 15. Deadline for Submission of Bids 18 16. Late Bids 19 17. Modification and Withdrawal of Bids 19 E. Opening and Evaluation of Bids 18. Opening of Bids by Employer 19 19. Clarification of Bids 20 20. Preliminary Examination of Bids 20 21. Techno-Commercial Evaluation of Bid 21 22. Qualification 21 F. Clarification Meeting 23. Clarification of Bids and Review of Bidders’ Proposed Alternative

Solutions 22

24. Updated Technical, Commercial and Price Bid 23 25. Price Bid Evaluation Including Reverse Auction 23 26. Contacting the Employer 25

G. Award of Contract 27. Changes in Qualification Status 25 28. Award Criteria 25




S No. Item Page no. 29. Employer’s Right to accept Any Bid and to reject Any or All Bids 25 30. Notification of Award 25 31. Signing of Contract Agreement 26 32. Performance Security (Performance Bank Guarantee) 26 33. Risk Purchase Action 27 34. Transfer of Bid Document 27 35. Funding by Bidders 27 36. Integrity Pact 28 37 Compliance with Company Law 28 38 Corrupt or Fraudulent Practices 29 39. Sub Contractor 29 40. General 29 41. Disclosure of Conflict of interest 29

Annexure to ITT

Annexure – 1 Proforma of Letter of Undertaking 30

Annexure – 2 Bank Guarantee towards Earnest Money Deposit 33

Annexure--3a & 3b

Eligibility requirement information 36

Annexure – 4 Information about the Bidder 38

Annexure –5 No Deviation Declaration 41

Annexure – 6 Details of works in Hand at present 42

Annexure-7 Organization set-up at project site 43

Annexure -8 Integrity Pact 44 Annexure -9 Process of e-Reverse auction 50

Annexure -10 Preference to Make in India and granting of purchase preference to Class-I local suppliers

56

Annexure -11 Restrictions under Rule 144 (xi) of the General Financial Rules (GFRS), 2017

64




INSTRUCTIONS TO TENDERERS (ITT) A. INTRODUCTION 1. Eligible Bidders 1.1 This Notice Inviting Tender (NIT), issued by the Employer, is for the Bidder meeting

the eligibility criteria.

1.2 Bidder who is associated for this Tender with Consultant or any of its associates that have been engaged by the Employer to provide Consultancy Services for the preparation of design Specifications & other documents to be used for procurement of the Facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

1.3 Bidder shall not directly or indirectly, take any service or assistance from the above

referred Consultant for the above work, if he becomes successful Bidder.

1.4 The Employer's Consultant (s) for the Facilities shall not be eligible to submit their bid.

2. Facilities - Plant, Equipment & Services 2.1 For the purposes of these Bidding Documents, the word “Facilities” means the

plant and equipment to be designed, manufactured, supplied and installed as per scope of Bidding Document, under the Contract. The words “plant & equipment,” etc., shall be construed in accordance with the respective definitions given to them in the General Conditions of Contract.

3. Cost of Bidding 3.1 The Bidder shall bear all costs associated with the preparation and submission of

its bid, and the Employer will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

B. THE BIDDING DOCUMENTS 4. Content of Bidding Documents 4.1 The Facilities required, bidding procedures, Contract terms and technical

requirements are prescribed in the Bidding Documents. The Bidding Documents include the following sections:




Vol-1: Commercial Document

a. Notice Inviting Tender (NIT) including Salient features / Bid Data Sheet (BDS)

b. Instruction to Tenderer (ITT) with Annexure 1 to 11

Annexure – 1 Proforma of Letter of Undertaking Annexure – 2 Bank Guarantee towards Earnest Money Deposit

Annexure-3a &3b Eligibility requirement information

Annexure – 4 Information about the Bidder Annexure –5 No Deviation Declaration Annexure – 6 Details of works in Hand Annexure– 7 Organization set-up at site Annexure -8 Integrity Pact Annexure -9 Process of e-Reverse auction

Annexure -10 Preference to Make In India and granting of purchase preference to Class-I local suppliers

Annexure -11 Restrictions under Rule 144 (xi) of the General Financial Rules (GFRS), 2017

c. Form of Contract Agreement with Appendices 1-3 i. Appendix-1: Price Schedules ii. Appendix-2: Time Schedule iii. Appendix-3: Terms of Payment

d. Special Conditions of Contract (SCC)

e. General Condition of Contract (GCC) consisting of:

i. GCC-1: General Conditions of Contract for Works

ii. GCC-2: General Conditions of Contract for supplies

Vol-2: Technical Document Vol-3- Drawings

4.2 The Bidder is expected to examine all instructions, forms, terms, specifications and other information in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder’s risk and may result in rejection of its bid.

4.3 Bid documents and/or corrigendum downloaded from KIOCL/MECON website

/Central Public procurement portal/MSTC website shall only be considered as authentic. Bid documents downloaded from any other source / website is/are liable for rejection.




4.4 The Bidder shall download the “Bidding Document” available in the website in totality.

4.5 It shall be the responsibility of the prospective bidders to ensure that the Bids have been submitted in the formats and as per the terms and conditions prescribed in the website and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender/Bid (NIT) forms the complete bidding document.

All the documents along with detailed NIT as placed in the website are final including clarification, drawings, corrigendum, addendum, pre-bid meetings, if any. On verification, at any time, whether the Bidder is successful or not, if any of the documents submitted by the Bidder including the documents downloaded from Employer’s above mentioned website / issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. as per the rules of the Company. In case of any discrepancies between Bid documents submitted by the Bidder and the master copy available with KIOCL, the master copy shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Bidders will be entertained.

4.6 The bidder shall submit non-refundable fee (in the form of DD/Banker’s Cheque

drawn in favour of KIOCL LIMITED payable at Bangalore or online payment) towards cost of the Bidding Document along with their bid, as per details given in Bidding Document.

4.7 It will be presumed that the Bidder have gone through the entire bidding documents

available in the website, which shall be binding on them. 5. Clarification of Bidding Documents

5.1 The Bidder is required to carefully examine the Bidding Documents, terms & conditions of Form of Agreement, drawings and other details relating to work given in the Bidding Documents and fully acquaint himself as to all conditions and matters which may in any way affect the work or the cost thereof. Bidder is deemed to have known the scope, nature and magnitude of the work and the requirements of materials, labour involved, site conditions etc.

Failure to furnish all information required by the Bidding Documents or submission of a bid not substantially responsive to the Bidding Documents in every respect will be at the Tenderer’s risk and may result in rejection of such bids.




5.2 A Bidder requiring any clarification of the Bidding Documents may notify the Employer in writing or e-mail at the Employer’s mailing address indicated in the Notice Inviting Tender and BID DATA SHEET in particular, if a Bidder desires to seek any clarification on the documents including those listed in ITT Sub-Clause 20.3, such a clarification should be raised at this stage. The Employer will respond in writing to any request for clarification or modification of the Bidding Documents that it receives not later than 14 (fourteen) days prior to the deadline for submission of bids prescribed by the Employer. Written copies of the Employer / consultant response will be sent to all prospective Tenderers who have purchased the Bidding Documents and the same shall also be uploaded in the website of Employer/Consultant.

Any clarification/amendment/corrigendum issued prior to submission of Bids would be put on the web site mentioned in NIT and also may be sent by email to bidders. All such clarifications shall form part of Bid documents. Bidders have to examine all clarifications on the website periodically & submit their bids accordingly. In case any queries remain un-replied, it shall be construed that in respect of those queries, the respective stipulations of the Bidding Documents shall continue to apply and/or no new stipulations are made with respect to those queries.

The Tenderer shall be deemed to have visited and examined the site where the Work are to be carried out and its surroundings and obtained for itself on its own responsibility all information, the nature & details of existing structures, if any, and also as to the nature & conditions of Railways, roads, bridges & culverts, means of transport & communications, whether by land, water or air and as to possible interruptions thereto and access and aggress from the site, to have made independent enquiries, examined and fully satisfied itself as to the sources for obtaining sand, stones, bricks and all other construction materials, underground existing services, sub-soil conditions, subsoil water conditions, storms, prevailing winds, climatic conditions and all other similar matters which may affect the work, that may be necessary for preparing the bid and entering into a Contract for execution of work. The costs of visiting the site shall be at the Tenderer’s own expense.

5.3 The Bidder and any of its authorized personnel or representative will be granted

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

5.4 The Bidder shall be deemed to have acquainted itself of local/ Government taxes, duties, laws, statute, regulations, levies and other charges relating to supplies to be made, services to be rendered and works to be done at site as applicable at the work site.




5.5 Any neglect or omission or failure on the part of the Bidder in obtaining necessary and reliable information or on any other matter affecting the Bidder, shall not relieve the Bidder from any risk or liability or the entire responsibility for completion of the work in accordance with the Bidding Documents.

Any clarification/amendment issued prior to submission of Bids will be put on the web site of Employer/Consultant and Central Procurement portal for the purpose of downloading by all the prospective Tenderers who have downloaded Bid documents and also will be communicated to these Tenderers either by e-mail/fax. Tenderers shall submit their bids accordingly. A copy of such clarifications shall be enclosed with the bid. All such clarifications shall form part of Bid documents.

The Tenderers who download the Bid document have to check the website of Employer/Consultant and / or CPP portal periodically.

6. Amendment of Bidding Documents 6.1 At any time, up to seven (7) days prior to the deadline for submission of bids, the

Employer may, for any reason, whether at its own initiative, or in response to a clarification requested by a bidder, amend the Bidding Documents.

6.2 Any addendum/corrigendum/clarifications thus issued shall be part of the Bidding Documents and shall be hosted on the websites as mentioned above. All the prospective bidders who have attended the pre bid meeting shall be informed by e-mail about the addendum/corrigendum/ clarifications to bidder’s query for their reference. All bidders would be presumed to have examined all amendments & have submitted their bids accordingly.

6.3 In order to afford bidders reasonable time to take the amendment into account in preparing their bid, the Employer may, at its discretion, extend the deadline for the submission of bids. Notification of extension, if any, of the deadline for submission of bids, shall be put on the web-site mentioned in NIT also.

C. PREPARATION OF BID 7. Language of Bid 7.1 The bid prepared by the Bidder and all correspondence & documents related to

the bid exchanged by the Bidder and the Employer, shall be written in the English language. Bid submitted in any other language is liable to be rejected. In case any printed literature furnished by the Bidder, is written in another language, it must be accompanied by a translation of its pertinent passages in the English language and for the purposes of interpretation of the bid, such translation shall govern.




7.2 In case any printed literature/ any documents furnished by the Bidder, is written in another language, it must be accompanied by a translation of its pertinent passages in the English language, duly authenticated/ certified by a notary/ local chamber of commerce/ any legal authority of the bidder’s country/ authorized representative of Indian Embassy/ consulate in bidder’s country and for the purposes of interpretation of the bid, such translation shall govern.However, the Tenderer shall be responsible for the accuracy and completeness of such translation provided by him. Documents with original signatures and seal shall be submitted with original of the bid.

8. Documents Comprising the Bid 8.1 The bid duly completed and signed by the Bidder together with Attachments and

amendments/ corrigenda of bids, if any should be submitted and shall comprise the following documents in separate sealed covers:

Part-A - “Cost of tender document, Bid Security, Letter of Undertaking and

Integrity pact (if applicable)”,

Bid Security shall be in the following forms:

(a) a Bank Draft or (b) a Bank Guarantee from Nationalised Bank/scheduled

commercial bank in the form provided in the bidding documents

Part-B - “Techno-Commercial Bid”

Vol. – I- Commercial along with blank price format with the word “QUOTED” in place of price data furnished in the Price Bid.

Vol. - II- Technical Vol – III- Drawings

Part-C - “Price Bid” only.

8.2 Any footnotes, remarks etc. made in the Price Bid must also appear in the Un-

priced copy thereof to be submitted with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall be ignored.




8.3 Bidders shall note that they are permitted to propose technical alternatives or other alternative bids with their bids in addition to or in lieu of the Scope of Facilities and requirements specified in the Bidding Documents, provided they can substantiate through document that the proposed alternative bids are to the benefit of the Employer, that they fulfill the principal objectives of the Tender, and that they meet the basic performance and technical criteria specified in the Bidding Documents. Any alternative bid proposed by Bidder will be subject of discussions during the clarification meeting with the Bidder.

8.4 Attachments to the Bid

Each Bidder shall submit with its bid the following attachments:

(a) Attachment 1: Power of Attorney

* to be attached with Part B A power of attorney, duly authenticated by a Notary Public, indicating that the person(s) signing the bid have the authority to sign the bid and thus that the bid is binding upon the Bidder during the full period of its validity, in accordance with ITT Clause 12.

In case the bidder is a limited company, a copy of resolution passed by the Board of Directors of that company authorizing that person to file the bid on behalf of the company. The copy of the said resolution should have the common seal of the company and be attested either by the company secretary or its Director.

(b) Attachment 2: Eligibility and Conformity of the Facilities

to be attached with part B

Documentary evidence established in accordance with ITT Clause 1 that the Facilities offered by the Bidder in its bid or in any alternative bid (if permitted) are eligible & conform to Bidding Documents.

The documentary evidence of the conformity of the Facilities to the Bidding Documents may be in the form of literature, drawings and data, and the Bidder shall furnish:

(i) a detailed description of the essential technical and performance characteristics of the Facilities,

(ii) a list giving full particulars, including available sources, of all spare

parts, special tools, etc., necessary for the proper and continuing functioning of the Facilities for the period of two (2) years (or as specified in the Bid Data Sheet), following Completion of Facilities in accordance with the provisions of the Contract,




(iii) Commentary on the Employer’s Technical Specifications and adequate evidence demonstrating the substantial responsiveness of the Facilities to those specifications. Bidders shall note that the standards for workmanship, materials and equipment designated by the Employer in the Bidding Documents are intended to be descriptive (establishing standards of quality and performance) only and not restrictive.

The Bidder may substitute alternative standards, brand names and / or catalogue numbers in its bid, provided that it demonstrates to the Employer’s satisfaction that the substitutions are substantially equivalent or superior to the standards designated in the Technical Specifications.

9. Letter of Undertaking and Price Schedules 9.1 The Bidder shall complete the Letter of Undertaking (ITT - Annexure- 1) and

appropriate Price Schedules furnished in the Bidding Documents in the manner and detail indicated therein and submit the same with its bid.

10. Bid Prices 10.1 Bidders shall quote for the entire facilities on a “single responsibility” basis such

that the total bid price covers all the Contractor’s obligations mentioned in or to be reasonably inferred from the bidding documents in respect of the design, manufacture, including procurement and sub-contracting (if any), supply, construction, installation and completion of the facilities. This includes all requirements under the Contractor’s responsibilities for testing, pre-commissioning and commissioning of the facilities and, where so required by the bidding documents, the acquisition of all permits, approvals and licenses, etc.; the operation, maintenance and training services and such other items and services as may be specified in the bidding documents. Items against which no price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed to be covered by the prices for other items.

10.2 Bidders are required to quote the price for the commercial and technical obligations

outlined in the bidding documents. 10.3 Bidders shall give a break-up of the prices, as may be applicable to their bids, in

the manner and detail called for in the Summary Price Schedule and Tables furnished in Appendix-1 to the Form of Contract Agreement. For taxes and duties reference may be made to SCC clause no. 14.0. Bidder must clearly mention their Income Tax Permanent Account Number (PAN) and Bank Account Number in the offer.

10.4 In the Schedules, Bidders shall give the required details and a breakup of their prices considering the following:




(a) Plant & Equipment including commissioning spares to be supplied shall be on “FOR” site basis.

(b) All Services shall be on “at- Employer’s site” basis and shall be inclusive of

all costs as well as all taxes, duties, Levies & Charges paid or payable in India as on Base Date.

(c) Recommended spare parts shall be quoted separately by the successful

bidder. (d) Contract Price should not include any element of agency commission.

11. Bid Security (EARNEST MONEY DEPOSIT- EMD) 11.1 EMD is paid by each tenderer (unless otherwise specified in tender document) to

enable KIOCL to ensure that a tenderer does not back out of their tender before its acceptance, or refuse to execute the work after it has been awarded to them.

EMD as specified in NIT shall accompany the tender in Part A of the tender as tender guarantee. The Tender Guarantee offered should be in one of the following alternative forms:

(i) A crossed bank draft in favour of KIOCL LIMITED payable at Bangalore

from any Nationalised Bank/ Scheduled Commercial in India. (ii) An irrevocable Bank Guarantee of any Nationalised Bank / Scheduled

Commercial Bank in favour of KIOCL LIMITED Bangalore Pro-forma of the Bank Guarantee is enclosed as Annexure-2 to ITT.

In case the bidder intends to submit bid security in the form of Bank Guarantee, then it is the responsibility of the bidder to ensure that the Original Bank Guarantees as applicable for the purpose of tender / Contract are submitted directly within stipulated time by their bankers to the Tender Receiving Authority / Owner i.e. KIOCL Limited under Registered Post (A/D). The bidder must submit a photocopy of the same bank guarantee along with his tender / relevant contract document for linking. In the event of discrepancy between the original bank guarantee with respect to the copy of BG as submitted by the bidder or the duplicate copy of BG as sent by the bank, and / or delays in submission of original / duplicate BGs, the bid, shall be liable for rejection.




In case, EMD BG is not reached within the stipulated date and time of submission of tender or copy of bank guarantee is not in Part-A of the tender, then the tender shall be summarily rejected and Part-B of such offer shall not be opened. In case if, bidder`s are NOT ready to include the interest clause in the EMD Bank Guarantee, but ready to submit the BG from any nationalized or schedule bank or any other bank acceptable by KIOCL Limited in Rs.200/- face value stamp paper, the EMD amount shall be increased by 15.5% of the EMD value indicated in the tender document. Regarding Performance BG, The Bank Guarantee format for Security Deposit consists of Interest Clause which is 15.5% per annum of the Security Deposit value. The BG should incorporate this interest rate of 15.5% per annum for the Security Deposit value. For some reasons if it is not possible to incorporate this interest rate of 15.5% then to that extent that such amount has to be added to the original Security Deposit for the entire Guarantee period. i.e 15.5% of 10% of the original Security Deposit value.

11.2 The EMD will be forfeited if,

(i) The tenderer modifies or withdraws his offer after due date and time after submission of bids.”

(ii) The tenderer resiles from his offer during the validity period.

(iii) The tender is revoked during its validity period by the tender. (iv) The validity of the BG is not extended / kept valid for a period of three

months beyond the extended validity of the offer.

(v) The tenderer increases the prices unilaterally after the opening of Part A and B and during the validity period of the tender.

(vi) The successful Tenderer does not submit the duplicate copy of Letter of Award of Contract issued within 15 (fifteen) days from the date of issue as a token of acceptance, unless any other period has been agreed in writing.

(vii) Subsequent to acceptance of the Letter of Award of Contract (LAC) by the successful tenderer, the tenderer refuses to enter into Contract Agreement within the specified time or its authorised extensions.

(viii) The successful tenderer fails to submit the BG towards the Contract

Performance Guarantee within the period specified.




(ix) The bidder does not accept correction of the Bid Price, pursuant to the provisions of tender document on Discrepancies and Adjustment of Errors / Corrections of Errors.

(x) The successful tenderer fails to commence work within the stipulated date of commencement as per Letter of Award of Contract.

11.3 The EMD shall be made payable without any condition to KIOCL `On Demand'. The EMD shall be valid for a period of three (3) calendar months beyond the validity of the tender offer, i.e Nine (9) months from the due date of submission of the tender. In case of extension of validity of the offer, the BG submitted towards EMD will also to be extended for a further period of three (3) months beyond the extended period of validity of offer failing which the validity extension given by the Tenderer (as submitted in validity extension letter) shall not be considered

11.4 In consideration of the Employer considering the Tender for purpose of award, the

Tenderer shall keep his Tender valid for a period of six (6) months from the last date of submission of the Tender, during which period the Tenderer agrees not to vary, alter or revoke his tender as a whole or in part. If the Tenderer, however, fails to keep his Tender valid for 06 months or varies it during the period then the Employer shall be entitled to forfeit the EMD amount without any notice or proof of damages etc.

11.5 In case the Tenderer is requested to extend the validity of the offer along with

extension of validity of BG towards EMD, the Tenderer may refuse the request in writing. In such a case the Tenderer’s offer will be rejected and the Bid Security submitted by the Tenderer shall be returned within 30 (thirty) days after expiry of validity period of offer on Tenderers request.

11.6 The EMD shall be returned within 30 (Thirty) days to those tenderers whose offer

does not meet the PQ requirements or whose offers are not found techno commercially acceptable after scrutiny.

11.7 The EMD of those tenderers whose offers are found techno commercially

acceptable after scrutiny but are unsuccessful after price bid opening, their EMD shall be returned within 30days after price bid opening.

11.8 The EMD of the successful tenderer to whom the contract is awarded will be returned

after the said tenderer provides the Security Deposit and signs the Contract Agreement.

11.9 If the successful tenderer fails to submit Security Deposit as specified within 30

days after the date of issue of Letter of Award of Contract, or fails to sign the contract agreement, then the EMD amount will be forfeited by the Employer, without any notice or proof of damages etc.




11.10 Any tender not accompanied by EMD along with Letter of Undertaking in Part A of the offer in accordance with above said provisions shall be considered as unresponsive and rejected.

11.11 EMD refund will be done by RTGS only for the Bidders submitting EMD by Demand

Draft. 11.12 No interest will be payable on the Bid Security. 12. Period of Validity of Bid 12.1 Bids shall remain valid for six (6) months from the due date of submission of tender

and accordingly Tenderer shall submit Letter of undertaking as per Annexure –1 to ITT. A bid valid for a shorter period shall be rejected by the Employer as being nonresponsive.

12.2 If required, the Employer may request the Tenderer to extend the bid validity

period. The request and responses thereto shall be made in writing. If a tenderer accepts to extend the period of validity of bid, the BG submitted towards EMD will also be extended for a further period of three (3) months beyond the extended period of validity of offer failing which the validity extension given by the Tenderer (as submitted in validity extension letter) shall not be considered. A Tenderer may refuse the request without forfeiture of his EMD. The tenderer accepting such request shall not modify their bid on their own.

13. Format and Signing of Bid 13.1 The bidder shall submit e-bid as per relevant clause of NIT on KIOCL’s (MSTC)

e-tender website: (http://www.mstcecommerce.co.in/eprochome/kiocl/buyer_login.jsp) as per guidelines given therein.

13.2 The e-bid consisting of the documents listed in ITT Clause 8, shall be signed by

the person or persons duly authorized to sign on behalf of the bidder. The letter of authorisation shall be through power of attorney accompanying the Bid and submitted as Attachment 1 to the Bid under ITT Sub-Clause 8.4 (a).

13.3 Any alteration, omission, addition, interlineations, erasures or overwriting shall only

be valid if they are initialed by the person or persons signing the bid. D. SUBMISSION OF BIDS Bid shall be submitted in three (3) parts: Part A :




i) Letter of undertaking as per Annexure – 1 to ITT ii) Bank Guarantee as per Annexure – 2 to ITT / DD towards EMD (Refer

Clause no.11 of ITT) iii) Integrity Pact duly filled and signed as per pro-forma enclosed in Anexure-

8 ITT & the manner given in bidding document iv) Cost of bidding document in the form of Demand Draft/Banker Cheque or

online payment in the manner given in bidding document Part-B :

Part-B of Bid shall consists of all documents and details, which the Bidder considers it prudent, w.r.t their eligibility requirement, Technical and Commercial offer in terms of requirements set forth in bidding documents and shall also include the following: i) Documents in support of fulfilment of Eligibility Criteria as mentioned in BDS

and details as per Annexure-3a to ITT.

ii) Audited Balance Sheet & Profit and Loss statements for the last three financial years duly self certified / Chartered Accountant Certified Annual Turnover for last three (3) consecutive financial years and details as per Annexure-3b to ITT.

iii) Amendments/corrigenda/Addenda etc. for the work, if any, issued by the

OWNER, duly signed, by the tenderer. iv) Information about the Bidder: This shall be furnished in the prescribed pro-

forma as per Annexure – 4 to ITT.

v) Bidder(s) shall furnish No Deviation Declaration as per Annexure – 5 to ITT.

vi) Dummy price sets to be submitted by the bidder without quoting the price,

but indicating “quoted”/ “not quoted” (as the case may be), duly signed and stamped on each pages. Any footnotes, remarks etc. in the dummy price bid shall be considered only if they are in line with the bidding document otherwise such footnotes, remarks etc. are considered as deviations.

Footnotes, remarks etc. made in the Price Bid must also appear in the Un-priced / dummy copy thereof to be submitted with Part-B of the Bid. In case of any discrepancy between the footnotes, remarks etc. made in the Un-priced copy of Price Bid and those in the Priced Price Bid, the stipulations made in the Un-priced copy of Price Bid shall prevail for the purpose of price bid evaluation. Footnotes, remarks etc. made only in the Price Bid and not featuring in the Un-priced copy shall not be taken into cognizance and shall be ignored and this shall at bidder’s cost and risk.




Any Suo-moto discount offered by the Bidder other than in Price Bid shall not be considered. Any discount if indicated in Price bid (Part –C), the same shall also be mentioned in Un-priced Dummy price set. No cognizance shall be taken for any discount mentioned in price bid if the same is not mentioned in Un priced Dummy price set for price evaluation.

vii) Latest Power of Attorney (Not earlier than six months from the due date of

submission of bid) of the signatory of the bid in original or duly attested by a Notary Public (with original sign and signature). (Refer Attachment 1 clause no. 8.4 (a) of ITT)

viii) GST registration number of the Bidder.

ix) Photocopy of Permanent Account Number (PAN) issued by IT

department and copy of P.F Registration Certificate indicating P.F. code number allotted by any Regional Provident Fund Commissioner. Copy of Latest P.F Challan or documentary evidence in support of remittances made towards P.F shall also be submitted.

x) Copy of GST registration certificate.

xi) Provide Bank Account details in order to facilitate payments through e-

payment mode.

xii) Declaration by the tenderer in his letter head that the firm is not blacklisted by any PSU/Govt body. On verification if it is found that the tenderer has given misleading /false information, then his tender will be summarily rejected.

xiii) Tenderer must declare whether the Proprietor or any Partner of the firm or Director of their Company as the case may be, has any relation with any employee working in KIOCL.

xiv) Authorization letter to Employer by the Tenderer authorizing KIOCL Limited

to seek references from Tenderer’s bankers. xv) Technical offer as per Technical Specification.

xvi) Time schedule in the form of BAR CHART/Network proposed by the Bidder

for completion of the work within the time specified in Notice Inviting Tender (NIT).

xvii) Filled in Technical Questionnaire by the Bidder.




xviii) Valid certificate of registration of ‘A’ class Electrical Contractor from the Karnataka Electrical Inspectorate. In case the bidder does not possess the same, they shall give an undertaking that they shall obtain the same before commencement of work at site but at the latest within three (3) months from the effective date of contract.

xix) Details of works in hand at present: This shall be furnished in the

prescribed pro-forma as per Annexure – 6 of ITT. xx) Organization set up proposed at the site work: This shall be furnished in

the prescribed pro-forma as per Annexure –7 to ITT. xxi) List of Plant and Machinery proposed to be mobilized by the Bidder.

xxii) Overall description of the method the Bidder proposes to adopt for carrying out the work.

xxiii) Proposed quality assurance program xxiv) Itemised list of Commissioning spares considered. xxv) Checklist for submission of Bid xxvi) Declaration and Certification of local Content. xxvii) Self-Declaration of having read Fraud prevention policy of KIOCL

(Clause no 38.1 of ITT) xxviii) Certificate Regarding Compliance as per Rule 144 (xi) of the General

Financial Rules (GFRS), 2017 Part-C : Price Bid duly filled strictly as per the price formats and in the manner given in

bidding document (Refer Clause No.10 of ITT/BDS). 14. Sealing and Marking of Bids 14.1 The E-Bid i.e Part-A, B & C shall be submitted in the following manner in separate

e-envelopes duly super scribed as below:

i) ‘PART A – Cost of Tender document, EMD, Integrity pact & Letter of Undertaking’

ii) ‘PART-B - TECHNICAL & COMMERCIAL OFFER’ iii) ‘PART-C - PRICE BID’

14.2 E-bids for Part A, B and C must be received online by KIOCL through their MSTC

e-tendering website by due date.




14.3 Part A: Envelope containing the original documents required to be submitted by

the bidder in hard must be received by KIOCL LIMITED, Bangalore, as per due date and time specified in bid document.

Envelope containing original / physical form of bid (Part A) shall:

(a). be addressed to KIOCL Limited, Bangalore, at the address given in NIT. (b). bear the Name of Work/Package and ‘Package number indicated in the NIT

title and the statement “DO NOT OPEN BEFORE ……………. (date),” to be completed with the time and date of bid opening specified in NIT.

(c). indicate the name and address of the Tenderer so that the bid can be returned unopened in case it is declared “late or otherwise found not fit to be opened.”

14.4 If the outer envelope is not sealed and marked, the Employer will assume no

responsibility for the bid’s misplacement or premature opening. 15. Deadline for Submission of Bids 15.1 The Bid must be submitted online by the bidder in KIOCL’s (MSTC) e-tender portal

not later than the time and date (deadline) stated in the tender. The Physical documents as specified in NIT and ITT must be received by KIOCL Limited, Bangalore at the address as specified in NIT, not later than the time and period as given in NIT.

15.2 The Employer may, at its discretion, extend this deadline for submission of bids by

amending the bidding documents in accordance with ITT Sub-Clause 6.3, in which case all rights and obligations of Employer and Bidders will thereafter be subject to such extended deadline.

15.3 It shall be the responsibility of the prospective Tenderers to ensure that the Bids

have been submitted in the formats and as per the terms and conditions prescribed in the Bidding documents and no change is made therein. The documents placed in website along with this detailed Notice Inviting Tender (NIT) forms the complete bidding document. All the documents along with detailed NIT as placed in the website is final including clarification, drawings, corrigendum, addendum, pre-bid meetings, if any.

15.4 On verification, at any time, whether the Bidder is successful or not, if any of the

documents submitted by the Bidder including the documents downloaded from the website mentioned in NIT / issued are found tampered/ altered / incomplete, they are liable for rejection, cancellation & termination of the Contract, debarring, etc. as per the rules of the Company. In the event of any doubt regarding the terms and conditions/ formats, the bidder concerned may seek clarifications from the authorized officer of Employer/Consultant.




15.5 In case of any discrepancies between Tender documents submitted by the Bidders and the document available with Employer/Consultant, the document available with Employer/Consultant shall be considered authentic and shall be binding on the Bidder. No claim on this account from the Tenderers will be entertained.

15.6 Tenders shall be addressed to and shall be submitted:

At the address given in NIT (Salient features/BDS)

15.7 Part A & B of tenders will be opened as indicated in NIT. 15.8 Opening of Part –C shall be intimated to techno-commercially successful bidders

in writing separately. 16. Late Bids 16.1 Any bid received by the Employer after the bid submission deadline prescribed by

the Employer, pursuant to ITT Clause 15, will be rejected and returned unopened. 17. Modification and Withdrawal of Bids 17.1 The bidder may modify, re-submit or withdraw its e-bid after the bid submission,

but, before the due date of submission as per provision of KIOCL’s e-tendering system of MSTC.

17.2 No bid shall be modified after the deadline for submission of bid. 17.3 No bid shall be withdrawn in the interval between the bid submission deadline and

the expiration of the bid validity period specified in ITT Clause 12. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITT Sub-Clause 11.2.

E. OPENING AND EVALUATION OF BIDS 18. Opening of Bids by Employer

18.1 Part – A of the tenders will be opened at the place and time mentioned in NIT in the presence of Tenderers who may choose to be present. On opening of the Tender, if EMD, Letter of Undertaking, Integrity Pact, cost of Tender document are not found in the form and manner specified in NIT/ITT, such tenders shall be considered as unresponsive and summarily rejected. Part-B of such unresponsive tenders will not be considered. Part C - “Price Bid” shall not be opened by the Employer.




Part-B of all other tenders (including withdrawals and modifications thereof, if any, made pursuant to provisions of bidding document), which are otherwise found responsive, except for any discrepancies such as typographical errors / omissions / deletions/ page(s) not signed etc. in Part-A of documents, will be opened on the same date and venue subsequently. However, in case of any discrepancies as mentioned above in Part-A documents, the bidder shall submit the revised / corrected documents on intimation by Employer / Consultant failing which their tenders are liable for rejection.

Part-B of the tenders will be considered for evaluation only after Part-A of the tender complies with the provisions of the bidding documents.

18.2 Bidders’ names, bids received, the presence of any alternative bids, the presence

or absence of requisite bid security and other such details as the Employer, at its discretion, may consider appropriate, will be announced at the opening. No bid will be rejected at bid opening except for bids not accompanied with bid security and late bids, which will not be opened.

18.3 Bids that are not opened and read out at bid opening will not be considered for

further evaluation, regardless of the circumstances.

19. Clarification of Bids 19.1 During bid evaluation, the Employer may, at its discretion, ask the Bidder for a

clarification of its bid. The request for clarification and the response shall be in writing. While responding no change in the price or substance of the bid shall be sought, offered or permitted unless asked by Employer after completion of evaluation of bids. Correspondences made through E-mail by the Bidder with the Employer shall be followed preferably by Post Copy.

20. Preliminary Examination of Bids 20.1 The Employer will examine the bids to determine whether they are complete,

whether the documents have been properly signed and whether the bids are generally in order. Any bids found to be non-responsive for any reason or not meeting the minimum levels of the performance or other criteria specified in the Bidding Documents will be rejected by the Employer and not included for further consideration. The Employer will also carry out a preliminary examination of any alternative bids submitted by Bidders.

20.2 A substantially responsive bid is one that conforms to all the terms, conditions and

specifications of the bidding documents without deviations, objections, conditionality or reservations.




Prior to the detailed evaluation, the Employer will determine whether each bid is of acceptable quality, is complete and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionalities or reservations. A material deviation, objection, conditionality or reservation is one:

(i) that affects in any substantial way the scope, quality or performance of the

Contract; (ii) that limits in any substantial way, inconsistent with the bidding documents,

the Employer’s rights or the successful Bidder’s obligations under the Contract; or

(iii) whose rectification would unfairly affect the competitive position of other

Bidders who are presenting substantially responsive bids. 21. Techno-Commercial Evaluation of Bid 21.1 The Employer will carry out a detailed evaluation of the bids previously determined

during preliminary examination of bids, to be substantially responsive, in order to determine whether the technical & commercial aspects are in accordance with the requirements set forth in the Bidding Documents. In order to reach such a determination, the Employer will examine and compare the technical and commercial aspects of the bids on the basis of the information supplied by the Bidders, pursuant to ITT Clause 8, and other requirements in the Bidding Documents, taking into account the following factors:

a) Overall completeness and compliance with the Technical Specifications and Drawings; the technical merits of alternatives offered from the Technical Specifications;

b) Acceptance of specified criteria given in TS c) Compliance with the time schedule d) Acceptance to rectify defects during Defect liability period e) Any other relevant technical factors, if any, or that the Employer deems

necessary or prudent to take into consideration. f) Overall completeness and compliance with the commercial bid to the

commercial and Contractual provisions stipulated in the Bidding Documents. 21.2 The Employer will also review complete alternative bids, if any, offered by the

Bidder, pursuant to ITT Sub-Clause 8.3, to determine whether such alternatives may constitute an acceptable basis for a further evaluation.




22. Qualification

22.1 The Employer will ascertain to its satisfaction whether Bidders determined as having submitted responsive bids are qualified to satisfactorily perform the Contract.

22.2 The determination will take into account the Bidder’s financial, technical and production capabilities, in particular its Contract, work in hand, future commitments, current litigation, if any, and past performance. It will be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder during tender stage, as well as such other information as the Employer deems necessary and appropriate.

22.3 Determination of techno-commercial eligibility may be done during techno-

commercial discussions/ clarifications. However, affirmative determination of eligibility shall be pre-requisite for opening of price bid.

22.4 The capabilities of the Sub-Contractor or Vendors proposed in Attachment 4(as

per ITT sub-clause 8.4 (d) to the bid will also be evaluated for acceptability.

Their participation should be confirmed with a Letter of Award of Contract between the parties, as needed. Should a Sub-Contractor or Vendor be determined to be unacceptable, the bid will not be rejected, but the Bidder will be required to substitute an acceptable Sub-Contractor/Vendor without any change to bid price.

F. CLARIFICATION MEETING

23. Clarification of Bids and Review of Bidders’ Proposed Alternative Solutions 23.1 The Employer may conduct clarification meetings with each or any Bidder to clarify

any aspects of its bid that require explanation at this stage of the evaluation. During these meetings, the Employer may bring to the attention of the Bidder any matters, technical or otherwise, where for whatever reason, it requires clarification / details about the bid, to be provided to the bid. All such amendments or changes required by the Employer will be listed in the “Record Notes of Discussions (RND)/ Minutes of Meeting (MOM)”.

23.2 The RND/MOM will contain the exceptions or deviations in the bid that are

unacceptable and that are to be withdrawn. 23.3 The Bidder shall submit the balance clarifications, confirmations, documentations

etc as recorded in the RND within the time stipulated in the Record Notes of Discussion




23.4 Taking into consideration, the Record Notes of Discussion and the clarifications submitted by Bidder pursuant to clause 23.3 above, the Employer will carry out further evaluation of the technical and commercial bid in the manner outlined in clause 21 hereof.

23.5 The Employer will also advise the Bidder whether the proposed alternative bid, if

any, is acceptable, and will identify the degree (if any) to which such an alternative bid may be incorporated in the Bid.

23.6 After holding clarification meetings and at the end of evaluation, the Employer will

either:

(i) advise the Bidder to confirm the validity of their original price bids, or ii) permit Bidder to submit updated price bid either as incremental/

decremental price with respect to the original price bid or as revised price bid, in a sealed cover at a date informed to the Bidder by the Employer., or

(iii) invite a Bidder to submit an updated Techno-Commercial bid(Part B) and

Price Bid (Part C) based on an alternative bid proposed by the Bidder in its bid with the modifications, if any, listed in the Record Notes of Discussion of the Clarification Meetings held with this Bidder, or

(iv) notify the Bidder that its Bid has been rejected on the grounds

(a) the bid is non responsive (b) the Bidder does not meet the minimum eligibility requirements set

forth in the bidding document (c) the Employer determines that the technical bid do not meet his

requirements

24. Updated Technical, Commercial and Price Bid 24.1 In the event, the Employer invites updated bid, the updated Technical, Commercial

and Price bid shall be submitted in the same manner specified for original bids. 24.2 The deadline for submission of updated bids and the required validity thereof shall

be specified. 24.3 The Employer will carry out the technical and commercial evaluation of the updated

bid in the manner outlined in Clause 21 hereof. 25. Price Bid Evaluation including reversed action 25.1 KIOCL Limited reserves the right to finalize the tender through online mode or

through e-Reverse Auction.




25.2 The e-price bid of only those Bidders found techno-commercially & financially acceptable shall be opened in the presence of such duly authorised representatives of bidder who may wish to attend the price bid opening on a specific date and time. The eligible bidders will be informed about the date and time of e-price bid opening giving adequate advance notice for deputing their authorised representative. Only one authorised representative of each bidder shall attend the price bid opening.

The authorized representative of vendors shall be required to sign on attendance

sheet/ attendance register. 25.3 The evaluation shall be done based on the summary price table and detailed price

schedules. The comparison shall be “at Employer’s site” price of the facilities. The evaluation shall also include order preference as per “Preference to Make in India and granting of purchase preference to Class-I local suppliers” mentioned in Annexure-12 of ITT.

25.4 In case of a discrepancy between words and figures and/ or arithmetic error in

totalling, corrected arithmetic total will be considered. If the Bidder does not accept the correction of errors, its bid will be rejected.

25.5 The Employer’s evaluation of a bid will take into account, in addition to the bid

prices indicated in Appendix-1, the following costs and factors that will be added to each Bidder’s bid price in the evaluation:

(a) The extra cost of work, services, Facilities, etc. required to be provided by the Employer or third parties.

(b) any other relevant factors listed in the Bid Data Sheet/NIT or in the invitation

for the Updated bid, or factors that the Employer deems necessary or prudent to consider.

25.6 Any adjustments in price that result from the above procedures shall be added, for the purposes of comparative evaluation only, to arrive at the “Evaluated Bid Price.” Bid prices quoted by Bidders shall remain unaltered.

25.7 DISCREPANCIES AND ADJUSTMENT OF ERRORS 25.7.1 Bids determined to be responsive will be checked by the Employer for any

arithmetic errors. Errors will be corrected by the Employer as follows as applicable to the case:

(a) Where there is a discrepancy between the rates in figures and in words,

the rate in words will govern; and




(b) Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

25.7.2 The amount stated in the Bid will be adjusted by the Employer in accordance with

the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the bidder. If the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid security may be forfeited in accordance with Sub-Clause 11 (under - EMD) of ITT.

25.8 e-Reverse Auction

e-Reverse Auction may be carried out among the Techno-Commercially qualified bidders, for providing opportunity to the Bidders to quote price dynamically for the scope of work, for which tender is floated. e-Reverse Auction will be carried out as per the process indicated in Annexure-9.

26. Contacting the Employer 26.1 Any effort by a Bidder to influence the Employer in the Employer’s bid evaluation,

bid comparison or Contract award decisions may result in rejection of the Bidder’s bid.

G. AWARD OF CONTRACT 27. Changes in Qualification Status 27.1 Prior to proceeding with the award of Contract, if circumstances have arisen that

would change the Employer’s opinion as to whether the Bidder is still qualified to satisfactorily perform the Contract, then Employer may reject the bid.

28. Award Criteria 28.1 Subject to ITT Clause 27 & 29, the employer will award the Contract to the

successful Tenderer, whose bid has been determined to be substantially responsive and to be the lowest evaluated bid, provided that the Tenderer is determined to be qualified to perform the Contract satisfactorily.

29. Employer’s Right to accept Any Bid and to reject any or All Bids 29.1 The Employer reserves the right to accept or reject any First (Original) or Updated

bid, and to annul the bidding process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of grounds for the Employer’s such action.




30. Notification of Award

30.1 Prior to the expiration of the period of Updated bid validity, the Employer will notify the successful Bidder in writing by registered letter, to be confirmed by the Bidder in writing by registered letter, that its Updated bid has been accepted. If the award is without qualification / condition the notification of award will constitute the formation of the Contract. If the award is made with some qualification / condition, then upon the Bidder's acceptance of such qualification / condition the Contract will be constituted.

31. Signing of Contract Agreement 31.1 After the Employer notifies the successful Bidder that its bid has been accepted,

the Employer to facilitate signing of contract within 30 days of Letter of Award of Contract (LAC), shall provide the draft Contract agreement within 15 days of issue of LAC.

31.2 Within 15 (fifteen) days from the date of receipt of the draft Contract Agreement by the Contractor, the Contract Agreement will be signed.

31.3 The Effective Date of Contract shall be the date of signing of Contract or 30

days from date of Letter of award of contract (LAC), whichever is earlier.

31.4 The Agreement will be signed in two (2) originals and the Contractor shall be provided with one signed original and the Employer will retain the second. All expenses for making agreements including cost of stamp papers shall borne by the Contractor.

31.5 Subsequent to signing of the Contract, the Contractor at his own cost shall provide

the Employer with Ten (10) photo copies of Agreement and one soft copy in CD.

32. Performance Security (Performance Bank Guarantee)

32.1 The successful tenderer whose tender has been accepted for award of work (herein after referred to as the contractor / consultant / expert agency or any other nomenclature as per contract), is required to deposit an amount equal to 10% of the value of the work as awarded as CPG / SD in any one of the following forms, unless otherwise agreed to in the contract.

32.2 Within thirty (30) days from the effective date of contract, the successful tenderer to whom the contract is awarded, shall furnish a contract Performance Guarantee (Security Deposit) in the form provided in GCC of the Bidding Documents, from a Nationalized Bank / Scheduled Commercial Bank in favour of the Owner. The contract performance guarantee amount shall be equal to ten percent (10%) of the total contract price and it shall be for due and faithful performance of the contract in accordance with the terms and conditions specified in the tender documents. The guarantee shall be valid till the expiry of the guarantee period / defect liability period plus three months.




32.3 The CPG / security deposit shall remain with the OWNER as a security for the satisfactory execution and completion of the works in accordance with the terms and conditions of the Contract. The OWNER shall be at liberty to deduct and appropriate from the CPG / Security Deposit such penalties and dues as may be payable by the CONTRACTOR under the Contract. The amount by which the CPG / Security Deposit is reduced by such appropriation shall be made good by further deduction from the CONTRACTOR’s subsequent interim bills / Running Account Bills, until the CPG / Security Deposit is restored to its full limit mentioned above.

32.4 No interest shall be payable by the OWNER against the Contract Performance

Guarantee / Security Deposit furnished by / recovered from the CONTRACTOR. 32.5 Refund of Contract Performance Guarantee / Security Deposit

The CPG / Security Deposit, deposited by the CONTRACTOR shall be returned / refunded to the CONTRACTOR on demand, after the expiry of the guarantee period / defects liability period or on payment of the amount of the Final bill in accordance with relevant clauses of the contract, whichever is later, provided the Owner / Employer is satisfied that there is no demand outstanding against the CONTRACTOR.

33. Risk Purchase Action 33.1 Failure of the successful Bidder to comply with the requirements of ITT Clause 31

or Clause 32 shall constitute sufficient grounds for the annulment of the award, forfeiture of the bid security and execution of facilities at the risk and cost of the successful bidder. Forfeiture of bid Security is liable to GST at applicable rate

34. Transfer of Bid Document 34.1 Bidder who has been issued/downloaded Bidding Documents is not permitted to

transfer the Bidding Documents to any other party for submitting bids on its behalf. Similarly transfer of bids submitted by one Bidder to another Bidder is not permissible.

35. Funding by Bidder 35.1 If so specified by the Employer in the Invitation for Bids, the Bidder should submit

separately an independent proposal for arranging finance in the form of Multilateral / Bilateral Credit / Loan, Bidder’s Credit, etc. for the supplies & services to be provided / rendered under the scope of work for the Facilities. The terms & conditions of credit / loan, like principal amount, currency for repayment if credit / loan is from overseas source(s), payment schedule, rate of interest, guarantee fee, commitment fee, management fee, agency fee, financial charges as may be required, etc. should be indicated. Sovereign Guarantee from the government of India shall not be available.




36. Integrity Pact 36.1 Bidders are required to submit Integrity Pact along with their bid as per format and

manner as given in bidding document and complying with the following requirements.

a. Bidder shall submit the Integrity Pact document on its Company’s Letter

head, duly signed by the authorized representative on all pages.

b. The bidder / contractor undertakes to demand from all subcontractors the commitment consistent with this integrity pact and to submit it to the Principal before contract signing.

c. The principal will enter into agreement with identical conditions of IP (of pro-forma) with all bidders, contractors and sub-contractors.

d. The principal will disqualify from the tender process all bidders who do not sign this pact and submit it to the Principal along with the offer.

e. If the Bidder / Contractor is in a partnership, the Integrity Pact shall be signed by all the partners.

f. On behalf of KIOCL, the Integrity Pact will be signed by the authorized nominee on receipt of Integrity Pact signed by the Bidder.

g. The Integrity Pact shall be submitted in a separate envelope duly super scribing “Integrity Pact” and submitted with Part-A of the offer.

h. The Bidder shall not change the contents of Integrity Pact.

i. The Bidder / Contractor will abide by the conditions given in the IP document enclosed as annexure along with the Bid document.

j. The details (Name & Address) of the External Independent Monitors nominated for the Bid are provided in tender documents.

37. Compliance with Company Law 37.1 The Bidder must declare whether the proprietor/ partner of the firm/ Director of the

limited company has any relation with any employee working in the Plants/ Units concerned or director of KIOCL including its subsidiaries and if so, the details or the relation thereof must be furnished.




38. Corrupt or Fraudulent Practices 38.1 FRAUD PREVENTION POLICY OF KIOCL: Everyone make a note that “fraud

prevention policy” is being followed at KIOCL, which provides a system for prevention / detection /reporting of any fraud. It also forbids everyone from involvement in fraudulent activity & that where any fraudulent activity is suspected by anyone, the matter must be reported to the ‘nodal officer’(chief vigilance officer) as soon as he/she comes to know of any fraud or suspected fraud.

39.0 Sub Contractor 39.1 Refer SCC clause 19.0. 40. General 40.1 Disqualification of Bidder:

Even if a Bidder meets all the Eligibility Criteria and all other technical and commercial requirements, he is liable to be disqualified, without prejudice to Employer’s rights to take legal actions as per applicable law, if he has made untrue or false representations in the forms, statements, translations and enclosures submitted in proof of eligibility and qualification requirements, and/or made any suppression/hiding/misrepresentation of facts (intentional or non coincidental having bearing on the tender/ contract) in order to influence the tendering process and its outcome.

40.2 The Employer may conduct price negotiations, if required, with L-1 (i.e. lowest evaluated) bidder only.

40.3 If at any point of time, it was found by the Employer that the bidder has furnished

false information, the employer may reject the bid. 40.4 The bidder may download the bidding document from website mentioned in NIT. 41.0 Disclosure of Conflict of interest: 41.1 Tenderers, who are associated for this Tender with the Consultant (MECON

Limited) or any of its associates that have been engaged by the Employer to provide Consultancy Services for the preparation of design, Specifications & other documents to be used for procurement of the facilities to be purchased and installed under this Invitation are ineligible to bid for this tender.

41.2 Tenderers shall not directly or indirectly, take any service or assistance from the

above referred Consultant for the above work and for any work related to the Employer, if he becomes successful Tenderer.




ANNEXURE - 1

PROFORMA OF LETTER OF UNDERTAKING (LOU) (To be submitted by the Bidder/Contractor along with the tender) (To be executed on non-judicial stamp paper of value not less than Rs 200/-) Bidder’s Ref. No. -------------------------- Dated :

M/s KIOCL Limited, Koramangala Blockl-II Sarjapur Road Bangalore 560 034 INDIA

Dear Sirs,

1. I/We* have read and examined the following Tender / Bidding Documents relating to the work of “___________(Name of work)”, as detailed in enclosed Tender documents (Tender enquiry no.--------------- ) / (as detailed in enclosed Technical Specification No. ------------- and Commercial Document ------- --------------------------) a) Notice Inviting Bid / Tender (NIT) b) Instruction to Bidder / Tenderer (ITT) c) Form of Contract Agreement with Appendices d) Conditions of contract including General Conditions of Contract (GCC),

Special Conditions of Contract (SCC), any other conditions as per tender documents (to be indicated in the format in tender document)

e) Technical Specifications and scope of work f) Integrity Pact g) Tender drawings h) Any other documents (specify) including Corrigendum, / addenda, if any.

2. Having examined the bidding documents, including addenda, the receipt of which is hereby acknowledged, I/We*, the undersigned, offer the above-named Facilities / work in full conformity with the said bidding documents for the sum as mentioned in Price Bid or such other sums as may be determined in accordance with the terms and conditions of the Contract. I/We*hereby submit our Bid as per terms of NIT and other documents.

3. I/We* further undertake, if invited to do so by you, and at my/our own cost, to attend a clarification meeting at a place of your choice, for the purpose of reviewing my/our Bid and duly noting all amendments and additions thereto, and noting omissions there from that you may require.

4. I/We* undertake, if our bid is accepted, to commence execution of the work / work

of the facilities and to achieve completion within the respective times stated in the bidding documents / quoted by us in my / our bid.




5. If my/our bid is accepted, we undertake to provide a Performance Bank Guarantee in the form, in the amount, and within the time specified in the bidding documents.

6. We undertake to keep my/our Bid valid initially upto …………… (date/month/year) i.e., for a period of ___________ (_____) days from the due date of opening of Bid. We hereby further undertake that I/We* shall not vary/alter or revoke my/our Bid during the said period or extended period, if any

7. I/We* also submit herewith the prescribed EMD. KIOCL shall have the right to forfeit the EMD, in addition to any other provision of ITT, if I/We do not comply with the undertaking given at 4, 5 & 6 above.**

OR

I/ We* claim exemption from submission of ‘Cost of tender document’ and / or ‘EMD’ as per relevant provisions indicated vide Clause…. of NIT for being a PSU / MSE holding valid registration with ____________(name of agency with whom registered) under MSMED Act’2006 for the ‘Tendered Item/Services’ and enclose herewith the following documents**:

Notarized copy of valid registration certificate under MSMED Act’2006 for the ‘Tendered Item /Services’ as per scope of work of the tender in case of MSEs**

8. Should this Bid be accepted, we also agree to abide by and fulfil all the terms,

conditions and provisions of the above mentioned Bid documents.

9. I/We have a) Purchased the bid document from KIOCL** b) Downloaded the bid document and subsequent clarifications / amendments

/corrigendum’s, if any from KIOCL’s website** c) Downloaded the bid document and subsequent clarifications / amendments

/corrigendum’s, if any from Central public procurement portal**

10. I/We* further undertake that I/We* have not altered / modified the contents of the Bid

documents down loaded from website. 11. I/We* hereby confirm that before submission of this bid, I/We* have visited the site

and fully acquainted with local conditions and factors for execution of the works covered under these Bid documents and technical specifications and that we shall have no claims against KIOCL on these counts at any time”.

12. Until a formal Contract is prepared and executed between us, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us.

13. I/We* understand that you are not bound to accept the lowest or any bid you may

receiveand in-turn we will not have any rights to raise any claim, whatsoever it may be, due to or arising out of rejection of our bids.




14. I/We* shall abide by the provisions of the Integrity Pact in completeness. 15. I/We* confirm that we have submitted our bid as a sole bidder and we comply with

requirements of the bidding document and in particular the clause on joint bidding as applicable to us.

Signature along with Seal of Co. ………………………………….. (Of the person duly authorised to sign the Bid) Name - ……………………..

Designation - ……………………

Name of Company - ……………………….

(In block letters)

Date & Postal Address -…………………..

WITNESS

Signature - ……………………………………

Telegraphic Address- ……………………………

Date - ………………

Name & Address - ……………………..

Telephone No. - ……………………

*- Strike out whichever is not applicable.

** - Point no. 7 above-Strike out the option whichever is not applicable.

** - Point no. 9 above-Strike out the option whichever is not applicable.




ANNEXURE – 2

FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT In consideration of KIOCL Limited (hereinafter called "Company") having agreed to exempt................. (hereinatter called the said "Bidder") from demand under the terms and conditions of the tender documents vide No dated of Earnest Money Deposit for the due fulfilment by the said Bidder of the terms of conditions contained in the tender document on production of Bank Guarantee of Rs.………………………….. (Rupees …………………………. only). 1. We, ....................................................... …… (hereinafter referred to as "the Bank")

at the request of Bidder do hereby guarantee the payment to the Company an amount not exceeding Rs…………. (Rupees………………………………………………. only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered, would be caused to or suffered by the Company by reason of any breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents.

2. We, ……………………………… do hereby unconditionally and irrevocably undertake to pay to the Company an amount to the extent of Rs…………… (Rupees ……………………………………………… only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company slating thai the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents. Any such demand made on the Bank shall be conclusive as regards the amount due and pa yable by the Bank under this Guarantee. However. our liability under this Guarantee shall be restricted to an amount not exceeding Rs…………………… (Rupees. …….……………………only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under this present Guarantee is absolute and unequivocal and we undertake to pay the Company the amount so demanded notwithstanding the Bidder raising any dispute and/or disputes or filing any suit or proceeding before any court or tribunal or other Authority. The payments so made by us under this Guarantee shall be a valid discharge of our liability for payment thereunder and the Bidder shall have no claim against us for making such payment.

4. We, . .................................................................. further agree that the Guarantee

herein contained shall remain in full force and effect during the period as required by the Company. Unless a demand or claim under this Guarantee is made on us in writing on or before……………………………, we shall be discharged from all liability under this Guarantee thereafter.




5. This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till …………………… Should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company and such extension shall be given one month before the expiry of this Guarantee, failing which the amount covered under this Guarantee shall become forthwith payable.

6. We, ...................................... ……….. further agree with tile Company that the

Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Tender Documents or to extend time of finalising the bid from time to time and to forbear or enforce any of the terms and conditions relating to the Tender Documents and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Bidder or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Bidder or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or by your taking or varying or giving up any securities from the Bidder or any other person, firm or Company on its behalf or by the change in the constitution, winding up, dissolution, insolvency or death as the case may be of the Bidder.

8. In order to give full effect to the Guarantee herein contained, you shall be entitled to

act as if we are your principal debtors in respect of all your claims against the Bidder hereby Guaranteed by us as. aforesaid and we hereby expressly waive all our rights of suretyship and other rights, if any, which are in any way inconsistent with the above or any other provisions of this Guarantee.




9. We, ………………………………………………………………. also undertake not to revoke

this Guarantee during its currency except with the previous consent of the Company in writing. .

Dated the…………………………….. day of………………………… 20

For ………………………………………………………………

(indicate the name of Bank)

IMPORTANT NOTE

The following points should be taken care of while submitting the Bank Guarantee:

1. The Bank Guarantee should be on non-judicial stamp paper having a value as per Rules in force.

2. The stamp paper should be purchased in the name of the Bank, who give the Guarantee and not in the name of the Bidder.

3. The Bank Guarantee should be strictly as per the proforma.

4. The Bank Guarantee should be from any of the Nationalised Banks or Scheduled Banks.

5. If any correction is made on the Guarantee, the same should be endorsed by the bank with its official seal. . .

------




ANNEXURE – 3a

DETAILS OF WORKS DONE, TO BE CONSIDERED FOR MEETING THE TECHNICAL ELIGIBILITY CRITERIA

Sl. No

Full postal address including Contract person details, telephone nos., Fax nos., email of the client.

Project(s) Location(s)

Brief about scope of work & Project Description

Order no. & Date

Order value(s) / Project cost

Schedule date of completion as per Contract

Date of Actual Completion & commissioning

Copy of orderdocument(s)/ Performance certificates Submitted (Yes / No)

1 2 3

Note: The above shall be supported by the copies of the relevant certificates like copies of LOA/ Contract agreements, and completion certificates with satisfactory performance certificate as per eligibility requirement documents from the clients for each work mentioned above.

Signature of the Tenderer with date and seal ##: In addition to the above, Employer reserves the right to seek the Tenderer on the submission of further details/information as necessary during evaluation of tenders.




ANNEXURE – 3b

DETAILS OF TURNOVER TO BE CONSIDERED FOR MEETING THE FINANCIAL ELIGIBILITY CRITERIA

Sl. No Financial Year Turnover * (in Rs.)

Remarks

1 FY: 2017-18 2 FY: 2018-19 3 FY: 2019-20 4 Average Annual Financial Turnover * for

the preceding three (3) completed financial years as on date of opening of Tenders

Signature of Chartered Accountant Signature of the Tenderer with date and seal *Revenue through operation and business only to be indicated as turnover.




ANNEXURE – 4 INFORMATION ABOUT THE BIDDER

Sl. No.

Information requested

Bidder’s reply [to be filled-in / replied appropriately by the Bidder along with supporting documents as applicable.]

1. Information regarding constitution / legal status of the Bidder:

a Name of the firm :

b Type of the firm (Limited/Partnership/Proprietorship etc.)

c Place of Incorporation / Registration :

d Year of Incorporation/ Registration :

e Whether supporting document(s) regarding (1) above are enclosed

(Copies of Certificate of Incorporation / Articles of Association /Partnership Deed etc., as applicable to be enclosed.)

Yes / No

Following document(s) are enclosed:

2 Power of Attorney of signatory of tender

Enclosed / Not enclosed

3 Information regarding tenderer’s registration under MICRO/SMALL/ MEDIUM ENTERPRISES ACT 2006 (MSMED Act’2006) [Please refer pertinent Clause 23.0 of NIT of tender document for applicable provisions]

a Whether the tenderer holds a valid registration under MSMED Act’2006 whose scope of registration covers the ‘Tendered Item’ with reference to the scope of work defined in these tender documents

Yes / No




Sl. No.



b If answer to (a) above is YES, then whether a notarized copy of such registration certificate with MSMED is enclosed with Part-A of tender.

Yes / No

c If answer to (a) and (b) above is YES, then whether exemption is being claimed from submission of EMD and Cost of tender document (exemption from submission of EMD is not applicable to Central Government Departments / PSUs).

Yes / No

4. Details of signatory to tender for correspondence / communication : Name & Designation :

Telephone No :

Fax No :

E-mail ID :

5. Account details of the tenderer for facilitating e-payment:

(Details of Bank Account of tenderer indicating Name of the bank and branch, Branch Code, Account Number of the firm, RTGS/IRSC Code of the Bank etc. to be furnished for facilitating e-Payments)

6. Permanent Account Number :

Whether Photocopy of Permanent Account Number (PAN) issued by Income tax department is enclosed.

Yes / No

7. GST registration :

Whether Photocopy of GST registration certificate is enclosed.

Yes / No




Sl. No.



8. ESI registration :

Whether Photocopy of ESI registration certificate under ESI act is enclosed.

Yes / No

9 PF registration :

Whether Photocopy of PF registration certificate is enclosed.

Yes / No

Bidder hereby declares that, (a). “I/We am / are not associated, nor has been associated in the past, directly or

indirectly, with The Consultant or any other entity that has prepared the design, specifications, and other documents for KIOCL for this Contract.”

(b). “The Proprietor / any Partner of my / our firm / Director of my/ our Company (as

the case may be), does not have any relation with any of Owner’s employees / Director(s)” *

OR*

“The Proprietor / Partner of my / our firm / Director of my/ our Company (as the case may be), has relation with Owner’s employees / Director(s), the details of which are enclosed” *

(*Strike off whichever is not applicable)

(c) “I/ We hereby certify that my/our firm has not been debarred/ banned by any

Office/Department/Undertaking of the State / Central Govt. of India, at any time for supplying stores or services of any description.”

Signature of the Bidder with date and seal

Note: Tenderers to enclose separate sheets for providing the required details, as necessary. All pages should be signed and stamped by the Tenderers.




ANNEXURE – 5

NO DEVIATION DECLARATION

(To be furnished on company letter head)

“It is hereby confirmed that our offer is strictly as per terms & conditions of the Notice Invitation to Tender, Form of Agreement, Invitation to Tender, General Conditions of Contract, Special Conditions of Contract, Technical Specification, Tender Drawings, etc. of KIOCL’s tender enquiry no. ________________________ dated _____________. We confirm our acceptance to all technical as well as commercial terms & conditions, including Special Conditions, of the above-referred tender enquiry without any deviation, whatsoever. Any deviation appearing anywhere in our bid shall stand withdrawn”

1 Signature of the Bidder Name: Designation: (Seal of the Company)




ANNEXURE-6

DETAILS OF WORKS IN HAND AT PRESENT

Sl. No.

Full address of the client

Value of contract

(Rs)

Date of commencement

Scheduled completion

as per contract

Reasons for delay if any

Status as on date of submission of the tender

Note: The above shall be supported by the copies of the relevant certificates like copies of work orders, agreements, from the clients.

Signature of the tenderer with date and seal




ANNEXURE – 7

PROPOSED ORGANIZATIONAL SETUP AT PROJECT SITE

Sl. No.

Designation/ Category

Number Qualification No of years of professional experience

Field of specialization

Signature of the Bidder with date and seal




ANNEXURE – 8

INTIGRITY PACT

Between

KIOCL Limited hereinafter referred to as “The Principal”, and

………………………………………… hereinafter referred to as “The Bidder / Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for ……………………………………………The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and /or Contractor(s).

In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs) who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1- Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles: -

a. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

b. The Principal will during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential /additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.




Section 2- Commitments of the Bidder(s) / Contractor(s)

(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles during participation in the tender process and during the contract execution.

a. The Bidder(s)/contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he /she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s) /Contractor)s will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) will, when presenting their bid, disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

e. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put their reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the “Guidelines on Banning of business dealings”.




Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last three years with any other company in any country conforming to the anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process for action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors.

(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity Pact by the Sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders and Contractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violation Bidder(s) / Contractor(s) / Sub contractor(s).

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Section 8 – Independent External Monitor (1) The Principal appoints competent and credible Independent External Monitor for this

Pact after approval by Central Vigilance Commission. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.




(2) The Monitor is not subject to instructions by the representatives of the parties and performs his / her functions neutrally and independently. The Monitor would have access to all Contract documents, whenever required. It will be obligatory for him / her to treat the information and documents of the Bidders / Contractors as confidential. He / she reports to the CMD, KIOCL Limited.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without

restriction to all project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his / her request and demonstration of a valid interest, unrestricted and unconditional access to their project documentation. The same is applicable to Subcontractors.

(4) The Monitor is under contractual obligation to treat the information and documents of

the Bidder(s) /Contractor(s) /Subcontractor(s) with confidentiality. The Monitor has also signed declarations on Non-Disclosure of Confidential Information and of ‘Absence of Conflict of Interest’. In Case of any conflict of interest arising at a later date, the IEM shall inform CMD, KIOCL Limited and recuse himself / herself from that case.

(5) The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he / she will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

(7) The Monitor will submit a written report to the CMD, KIOCL Limited within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the CMD, KIOCL Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the CMD, KIOCL Limited has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.

(9) The word ‘Monitor’ would include both singular and plural.




Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded. Any violation of the same would entail disqualification of the bidders and exclusion from future business dealings

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by CMD of KIOCL Limited.

Section 10 – Other Provisions

(1) This agreement is subject to Indian Law, Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Bangalore.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership, this agreement must be signed by all partners. (4) Should one or several provisions of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

(5) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.




(6) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the Integrity Pact will prevail.

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

(For & on behalf of the Principal) (For & On behalf of

Bidder/Contractor)

(Office Seal) (Office Seal)

Place -----------------------

Date ------------------------

Witness 1:

(Name & Address) -----------------------------------------

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

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

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

Witness 2:

(Name & Address) -----------------------------------------

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

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

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




ANNEXURE – 9

PROCESS OF e-REVERSE AUCTION

e-Reverse Auction event may be carried out among the Techno-Commercially qualified bidders, for providing opportunity to the Bidders to quote price dynamically for the scope of work, for which tender is floated. KIOCL has made arrangement with M/s. MSTC Ltd. who shall be KIOCL’s authorised service provider for the e-reverse auction.

i) For the proposed e-reverse auction, only Techno-Commercially Qualified

Bidders having a valid digital certificate alone shall be eligible to participate. ii) Business rules like event date, time, start price, bid decrement, extensions, etc.

will be communicated for compliance by the Bidder through M/s. MSTC e-Procurement portal / KIOCL.

iii) M/s. MSTC will provide all necessary guidance before commencement of online bidding on Internet. Bidder if required can avail the guidance of service provider to get acquainted with the system.

iv) E-Reverse auction will be conducted on scheduled date & time. v) Start price for the e-reverse Auction will be notified by Service Provider/KIOCL. vi) All the bids made from the log-in ID given to bidder will be deemed to have been

made by the Bidder to whom log-in ID and password were assigned by the service provider/ auctioneer.

vii) Any bid once made through registered Login ID/ password by the Bidder cannot be cancelled. The Bidder, in other words, is bound to execute the work as per the bid price of e-Reverse Auction.

viii) Every successive bid by the Bidder being decremented bidding shall replace the earlier bid automatically and the final bid as per the time and log-in ID shall prevail over the earlier bids.

ix) Service Provider shall conduct the e-reverse auction in such a way that two different bidders cannot bid identical price as after accepting first bid, the system will not accept second bid of the same price. In other words, there shall never be a “Tie” in bids through on line e-reverse auction.

x) At the end of e-reverse auction event, the lowest Bid value will be known on the network.

xi) The e-reverse auction will be treated as closed only when the bidding process gets closed in all respects for the item listed in the tender.

xii) In case KIOCL decides not to go for e-Reverse auction procedure for this tender enquiry, the financial bids already submitted shall be opened and evaluated as per standard practice of KIOCL.

xiii) KIOCL’s decision on award of Contract shall be final and binding on all the Bidders.




Note:

1. After evaluation of bids i.e. technical and commercial, KIOCL will decide whether to conduct e-Reverse Auction or resort through normal e-Tender without reverse auction. For reverse Auction intimation would be sent by KIOCL/ Service Provider to techno-commercially qualified bidders in advance at least 03 days prior to the e-Reverse Auction date through tender wizard portal / e-mail/ fax.

TERMS & CONDITIONS OF E-REVERSE AUCTION

A. Eligibility of Bidders to participate in e-Reverse Auction:

i) Bidders who are techno-commercially qualified and accept all the Terms &

conditions of e-Reverse Auction, can only participate in e-Reverse Auction related to the work for which tender is floated.

ii) Bidders should ensure that they have valid digital certificate well in advance to participate in the e-Reverse Auction. KIOCL and / or Service Provider will not be responsible in case Bidder could not participate in e-Reverse Auction due to non-availability of valid digital certificate.

iii) The bidder would be responsible for the validity of its registration on e-Tendering Portal.

iv) The date & time of commencement of e-Reverse Auction and its duration of time shall be communicated to the eligible Bidders at least 03 days prior to the e-Reverse Auction date through e-Tendering Portal/ e-mail.

v) KIOCL reserves the right to postpone/change/cancel the e-Reverse Auction event even after its communication to Bidders without assigning any reasons therefor.

vi) E-Reverse Auction will normally be for a period of two hour. If a Bidder places a bid price in last 05 minutes of closing of the e-Reverse auction, the auction period shall get extended automatically for another 5 minutes. In case there is no bid price in the last 5 minutes of closing of e-Reverse Auction, the auction shall get closed automatically without any extension.

vii) During e-Reverse Auction, if no bid is received within the specified time, KIOCL, at its discretion, may decide to revise Start price / scrap the e-reverse auction process/extend the date of e-reverse auction/ proceed with already opened financial bids.

B. Bidding Currency: Bidding will be conducted in Indian Rupees (INR). C. Start Price :

i) Online sealed price bid submitted by bidder will be opened and evaluated. ii) Start bid price as well as decrement amount shall be arrived by KIOCL based on

lowest online sealed price bid evaluated price or KIOCL’s estimate, whichever is lower.

iii) The start bid price and decrement amount shall be communicated to service provider and shall be during the e-Reverse Auction process.




iv) The start price in online reverse auction is open to all the techno-commercially qualified bidders. Bidders are required to start bidding after announcement of Start Price and decrement amount.

v) Any of the techno-commercially qualified bidder can start bidding, in the online reverse auction.

vi) Please note that the first online bid that comes in the system during the online reverse auction is atleast lesser than the auction's start price by one decrement.

vii) After discovering the L1 price through RA, action shall be initiated for placement of order based on the final price discovered through RA. Note: In case, none of the bidders participate in the reverse auction process by submitting at least one decrement, thereby resulting in the reverse auction process becoming unsuccessful, KIOCL reserves the right either to initiate the process of finalization of tender based on the lowest online sealed bid received or to cancel the tender.

Decremental Bid Value:

i) Bidder is required to quote their bid price only at a specified decremented value. ii) Bidder need not quote bid price at immediate next available lower level but it can

be even at 2/3/4 ……. Level of next available lower level. D. Web Portal and Access:

i) In order to ward-off contingent situation bidders are advised to make all the

necessary arrangements / alternatives such as back –up power supply, whatever required so that they are able to circumvent such situation and still be able to participate in the e-reverse auction successfully.

ii) The bidders are requested not to wait till the last moment to quote their bids to avoid any such complex situations.

iii) Failure of power at the premises of bidders during the e-Reverse auction cannot be the cause for not participating in the e-reverse auction. On account of this, the time for the auction cannot be extended and KIOCL shall not be responsible for such eventualities.

iv) KIOCL and / or Service Provider will not have any liability to bidders for any interruption or delay in access to site of e-Reverse Auction irrespective of the cause.

v) Neither KIOCL nor service provider / auctioneer can be held responsible for consequential damages such as no power supply, system problem, inability to use the system, loss of electronic information, power interruptions, UPS failure, etc.

E. Transparency in Bids:

All bidders will be able to view during the auction time the current lowest price on portal.




F. Masking of Names:

Bidder will be able to view the following on their screen along with the necessary fields in e-Reverse Auction:

Leading Bid in the Auction Bid Placed by you Your Own Rank Start bid price & Bid Decrement value

G. Finalization of the Successful Bidder:

i) After the completion of e-Reverse action, the closing Price (CP) shall be available.

ii) KIOCL’s decision on award of Contract shall be final and binding on all the Bidders.

iii) Successful Bidder is bound to execute the work at a price mentioned in the Order. In case of back out or non-execution as per the price quoted, KIOCL will take appropriate action against such Bidder and forfeit the EMD/Bid Security amount, and /or may debar him from participating in future tenders.

iv) Immediately after completion of online Reverse Auction, the lowest bidder (L1) on their letter head through fax or email, would submit the breakup of their final quoted price, which shall be their final price against the tender for all the purposes and the originally quoted prices against e-tender shall no more be valid. The bidder will proportionately reduce the rates quoted for all items/activities as per the percentage reduction quoted for total value in the reverse auction. It is to be ensured that the price components of all the items/activities shall not be increased above the original quoted price against e-tender for all the items/activities of the price schedule. In case the bidder fails to provide cost break-up sheet of the final prices quoted during the online event, the same shall tantamount to withdrawal of the bid and the necessary action as per provisions of tender procedure shall be taken up against bidder.

H. Bidder’s Obligation :

i) Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly with other Contractors / Bidders at any point of time. If any such practice comes to the notice, KIOCL shall disqualify the vendor / bidders concerned from the e-Reverse auction process and initiate suitable action against the errant bidder(s).

ii) Bidder shall not divulge either his Bid details or any other details of KIOCL to any other party without written permission from KIOCL.




I. Change in Terms & Conditions of e-Reverse Auction:

i) Any change as may become emergent and based on the experience gained shall be made only by Tender Inviting Authority of KIOCL.

ii) KIOCL reserves the right to modify / withdraw any of the Terms & conditions of e-Reverse Auction at any point of time.

iii) Modifications of Terms & conditions of e-Reverse Auction, if any, will be communicated to techno-commercially qualified bidders.

J. Errors And Omissions :

On any issue or area of material concern regarding e-Reverse Auction not specifically dealt with in these rules, the decision of KIOCL shall be final and binding on all concerned.

IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e-reverse auction, it is the bidder’s responsibility to have backup internet connections and all other facilities necessary to prevent/ circumvent such situation. In case there is a problem at the e-procurement/ e-reverse auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of KIOCL by the bidders in time, then KIOCL will promptly reschedule the affected event(s).




e-TENDER CUM REVERSE AUCTION (RA) DECLARATION

1. KIOCL reserves the right to go for e-Reverse Auction (RA) or resort through normal Tender without reverse auction. This will be decided after techno-commercial evaluation. Bidders are also required to furnish following details in their techno-commercial bid, for this purpose.

(a) Name and Designation of Official

(b) Postal Address (complete) :

(c) Telephone Nos. (Land line & Mobile both) :

(d) FAX no. :

(e) E-mail address :

(f) Name of place/state, where from he will participate in the RA :

2. Information instructions and general terms and conditions governing Reverse Auction have been read by us and we confirm to abide by all the stipulated Rules, instruction and terms & condition governing the Reverse Auction.

3. After discovering the L1 price through RA and obtaining necessary Price Break-up from L-1 bidder under the heads stipulated in tender, KIOCL shall proceed with finalization of order(s) as per stipulation of ITT.

We confirm our acceptance on the above.

(Signature of the Bidder with Name, Designation & company’s Seal)




ANNEXURE – 10

PREFERENCE TO MAKE IN INDIA AND GRANTING OF PURCHASE PREFERENCE TO Class-I LOCAL SUPPLIERS

It is the policy of the Government of India to encourage 'Make in India' and promote manufacturing and production of Goods and Services in India with a view to enhancing income and employment. For this Tender, Public Procurement (Preference to Make in India), Order 2017 dated 15.06.2017, 28.05.2018, 29.05.2019, 04.06.2020 & 30.09.2020 and subsequent orders issued by the respective Nodal Ministry shall be applicable even if issued after issue of the NIT but before finalization of contract/ PO/WO against this NIT. In the event of any Nodal Ministry prescribing higher or lower percentage of purchase preference and / or local content in respect of this procurement, same shall be applicable. Tenderer are requested to go through the above mentioned orders. The local supplier shall be required to provide self-certification that the item offered meets the minimum local content as per above mentioned orders and shall give details of the location(s) at which the local value addition is made. The following guidelines, concerning the procedure to be adopted for granting purchase preference to local suppliers, are hereby issued:

1.0 Definitions:

a) 'Local content' means the amount of value added in India which shall, unless otherwise prescribed by the Nodal Ministry, be the total value of the item procured (excluding net domestic indirect taxes) minus the value of imported content in the item (including all customs duties) as a proportion of the total value, in percent.

b) 'Class-I local supplier' means a supplier or service provider, whose goods, services or works offered for procurement, meets the minimum local content as prescribed for ‘Class-I local supplier’ under this Order.

c) 'Class-II local supplier' means a supplier or service provider, whose goods, services or works offered for procurement, meets the minimum local content as prescribed for ‘Class-II local supplier’ but less than that prescribed for ‘Class-I local supplier’ under this Order.

d) 'Non - Local supplier' means a supplier or service provider, whose goods, services or works offered for procurement, has local content less than that prescribed for ‘Class-II local supplier’ under this Order.




e) 'L1' means the lowest tender or lowest bid or the lowest quotation received in a tender, bidding process or other procurement solicitation as adjudged in the evaluation process as per the tender or other procurement solicitation.

f) 'Margin of purchase preference' means the maximum extent to which the evaluated bid price of a local supplier may be above the L1 for the purpose of purchase preference.

g) ‘Nodal Ministry’ means the Ministry or Department identified in respect of a particular item of goods or services or works

h) ‘Procuring entity ' means a Ministry or department or attached or subordinate office of, or autonomous body controlled by, the Government of India and includes Government companies as defined in the Companies Act.

i) 'Works ' means all works as per Rule 130 o GFR- 2017, and will also include 'turnkey works '.

2.0 Minimum local content

2.1 The local content requirement to categorize a supplier as ‘Class-I local supplier” is minimum 50%. For ‘Class-II local supplier’, the local content requirement is minimum 20%. Nodal Ministry / Department may prescribe only a higher percentage of minimum local requirement to categorize a supplier as ‘Class-I local supplier’/ ‘Class-II local supplier’. For the items, for which Nodal Ministry/ Department has not prescribed higher minimum local content notification under the order, it shall be 50% and 20% for ‘Class-I local supplier’ / ‘Class-II local supplier’ respectively.

3.0 Margin of Purchase Preference

3.1 The margin of purchase preference shall be 20%

4.0 Purchase Preference

4.1 Subject to the provisions of this Order and to any specific instructions issued by the Nodal Ministry or in pursuance of this Order, purchase preference shall be given to 'Class-I local supplier' in procurements undertaken by procuring entities in the manner specified here under.

4.2 In the procurements of goods or works, which are not divisible in nature and in procurement of services where the bid is evaluated on price alone, the 'Class-I local supplier' shall get purchase preference over 'Class-II local supplier' as well as 'Non-local supplier', as per following procedure:




i) Among all qualified bids, the lowest bid will be termed as L 1. If L 1 is 'Class-I local supplier’, the contract will be awarded to L 1.

ii) If L1 is not from a 'Class-I local supplier', the lowest bidder among the Class-I local suppliers, will be invited to match the L1 price subject to Class-I local supplier's quoted price falling within the margin of purchase preference and the contract shall be awarded to such Class-I local supplier subject to matching L1 price.

iii) In case such lowest eligible Class-I local supplier fails to match the L1 price,

the Class-I local supplier with the next higher bid within the margin of purchase preference shall be invited to match the L1 price and so on and contract shall be awarded accordingly. In case none of the Class-I local suppliers within the margin of purchase preference matches the L1 price, then the contract may be awarded to the L1 bidder.

iv) "Class-II local supplier" will not get purchase preference in any procurement,

undertaken by procuring entities.

Note: 1) In case of Reverse Auction (RA), the Purchase Preference for 'Class-I local supplier' (i.e. 20%) shall be applicable on the lowest evaluated bid price after RA. The order in which the Class-I local suppliers shall be given an opportunity to match lowest evaluated bid (L1) price after RA will be in the order of their rank determined based on the evaluated bid price after RA.

5.0 Verification of Local Content:

5.1 The 'Class-I local supplier'/ 'Class-II local supplier' at the time of tender, bidding or solicitation shall be required to indicate percentage of local content and provided, in the format provided in the tender, self-certification that the Item offered meets the local content requirement for ‘Class-I local supplier’ /’Class-II local supplier’, as the case may be. The shall also give details of the location(s) at which the local value addition is made.

5.2 In cases or procurement for a value in excess of Rs.10 crores, the 'Class-I local supplier'/ 'Class-II local supplier' shall be required to provide a certificate from the statutory auditor or cost auditor of the company (in the case of companies) or from a practicing cost accountant or practicing chartered accountant (in respect of suppliers other than companies) giving the percentage of local content, as per the format provided in Attachment -1 (Format of Certification of Local Content) to Annexure-12.




5.3 Decisions on complaints relating to implementation of this order shall be taken by

competent authority which is empowered to look into procurement-related complaints relating to the procuring entity.

5.4 Nodal Ministries may constitute committees with internal and external experts for independent verification of self-declarations and auditor’s / Accountant’s certificates on random basis and in the case of complaints.

5.5 Nodal Ministries and procuring entities may prescribe fees for such complaints.

5.6 False declarations/ certification will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the General Financial Rules for which a bidder or its successors can be debarred for up to two years as per Rule 151 (iii) of the General Financial Rules along with such other actions as may be permissible under law.

5.7 A supplier who has been debarred by any other procuring entity for violation of this Order shall not be eligible for preference under this Order for procurement by any other procuring entity for the duration of the debarment. The debarment for such other procuring entities shall take effect prospectively from the date on which it comes to the notice of other procurement entities, in the manner prescribed under paragraph 5.8 below.

5.8 The Department of expenditure shall issue suitable instruction for the effective and smooth operation of this process, so that: i) The fact and duration of debarment for violation of this Order by any procuring

entity are promptly brought to the notice of the Member-Convenor of the Standing Committee and the Department of Expenditure through the concerned Ministry / Department or in some other manner;

ii) on a periodical basis such cases are consolidated and a centralized list or decentralized lists of such suppliers with the period of debarment is maintained and displayed on website(s);

iii) in respect of procuring entities other than the one which has carried out the debarment, the debarment takes effect prospectively from the date of uploading on the website(s) in the such a manner that ongoing procurements are not disrupted.




6.0 Assessment of supply base by Nodal Ministries

6.1 The Nodal Ministry shall keep in view the domestic manufacturing / supply base and assess the available capacity and the extent of local competition while identifying items and prescribing the higher minimum local content or the manner of its calculation, with a view to avoiding cost increase from the operation of this Order

7.0 Increase in minimum local content

7.1 The Nodal Ministry may annually review the local content requirements with a view to increasing them, subject to availability of sufficient local competition with adequate quality.

8.0 Manufacture under license/ technology collaboration agreements with phased indigenization:

8.1 While notifying the minimum local content, Nodal Ministries may make special provisions for exempting suppliers from meeting the stipulated local content if the product is being manufactured in India under a license from a foreign manufacturer who holds intellectual property rights and where there is a technology collaboration agreement I transfer of technology agreement for indigenous manufacture of a product developed abroad with clear phasing of increase in local content.

8.2 In procurement of all goods, services or works in respect of which there is

substantial quantity of public procurement and for which the nodal ministry has not notified that there is sufficient local capacity and local competition, the concerned nodal ministry shall notify an upper threshold value of procurement beyond which foreign companies shall enter into a joint venture with an Indian company to participate in the tender. Procuring entities, while procuring such items beyond the notified threshold value, shall prescribe in their respective tenders that foreign companies may enter into a Joint venture with an Indian company to participate in the tender. The procuring Ministries/Departments shall also make special provisions for exempting such joint ventures from meeting the stipulated minimum local content requirement, which shall be increased in a phased manner.




9.0 Local Sourcing

The Bidder / Contractor are requested to encourage and promote domestic manufacturing and production of goods and services by sourcing goods and services applicable under the contract / package from domestic suppliers’ / service providers. In this regard, Bidder shall also follow guidelines / advisory issued by Government of India from time to time, to the extent applicable to them, regarding promotion of local sourcing of goods including Bought out Items and services.




ATTACHMENT - 1 TO ANNEXURE-10

Declaration on Local Content Dear Sirs, We have read the provisions of Public Procurement (Preference to Make in India) Order 2017 dated 15.06.2017, 28.05.2018, 29.05.2019, 04.06.2020 & 30.09.2020 and subsequent orders issued by the respective Nodal Ministry. In terms of the requirement of the aforesaid provisions, we hereby declare the following: 1.0 We confirm that we are a Class-I Local Supplier / Class-II Local Supplier, and the

local content included in the package is ____% of our total offered price for complete scope of work for Tender Enquiry No._________________________ dated__________.

A certificate from the statutory auditor or cost auditor (in the case the bidder is a company) or from a practicing cost accountant or practicing chartered accountant (in respect of bidders other than companies) giving the percentage of local content as per the format of Attachment - 2 to Annexure-12 shall be submitted.

2.0 Further, we hereby confirm the following:

Whether the bidder is presently debarred / banned by any other procuring entity for violation of ‘Public Procurement (Preference to Make In India), Order 2017’ (PPP-MII Order) dated 15.06.2017 issued by Department of Industrial Policy and Promotion (DIPP)

Yes / No

3.0 We agree to furnish any information as a proof of the above to your satisfaction as

and when required.

Yours truly, Date ……………….. Signature............................... Place …………………. Name.……………………………

Designation ……………………. Name of Bidder Seal………………………………….





FORMAT FOR CERTIFICATION OF LOCAL CONTENT (LC) FOR SERVICES OR WORKS

[Certificate to be provided by local supplier from the Statutory Auditor or Cost Auditor of the company (in the case of companies) or from a practicing Cost Accountant or practicing Chartered Accountant (in respect of local suppliers other than companies)

Tender Ref. No: Date:

I < name of Statutory Auditor/Cost Auditor/ practicing Cost Accountant/practicing Chartered Accountant > do hereby certify that < name of authorized signatory of bidder> S/o, D/o, W/o _____________________, Resident of ____________________________ has solemnly affirmed and declared as under: That the percentage of local content for the total scope of works against the subject tender Ref. No._________________ is ______%.

That he/she agreed to abide by terms and conditions of Department of Industrial Policy & Promotion issued vide Notification No: P-45021/2/2017-B.E.-II dated: 15-06-2017 & P-45021/2/2017-PP (BE-II) dated: 28-05-2018 and subsequent orders issued by the respective Nodal Ministry. That the information furnished hereinafter by him/her is correct to best of my knowledge and belief and I undertake to produce relevant records before the procuring entity or any other authority so nominated by the Government of India for the purpose of assessing the LC.

That the LC for all inputs which constitute the said Product/Services/Works has been verified by me and I am responsible for the correctness of the claims made therein. That in the event of the LC of the Product/ Services/ Works mentioned herein is found to be incorrect and not meeting the prescribed LC norms, based on the assessment of an authority so nominated by the Government of India and he/she will be liable as under clause 9 (f) of Public Procurement (Preference to Make in India) order 2017 and subsequent orders issued by the respective Nodal Ministry.

He/she agrees to maintain all information regarding his/her claim for LC in the Company’s record for a period of 2 years and shall make this available for verification to any statutory authorities.

For and behalf of _______________________________ <Name of Statutory Auditor/Cost Auditor/ practicing Cost Accountant/practicing Chartered Accountant> Stamped & signed by Authorized signatory <Insert Name, Designation and Contract No and date>




ANNEXURE-11 RESTRICTIONS UNDER RULE 144 (XI) OF THE GENERAL FINANCIAL RULES

(GFRS), 2017 Rule 144 of the General Financial Rules 2017 entitled 'Fundamental principles of public buying', has been amended by inserting sub-rule (xi) as under:

Notwithstanding anything contained in these Rules, Department of Expenditure may, by order in writing, impose restrictions, including prior registration and/or screening, on procurement from bidders from a country or countries, or a class of countries, on grounds of defence of India, or matters directly or indirectly related thereto including national security; no procurement shall be made in violation of such restrictions. For this Tender, Public Procurement No.1 dated 23.07.2020, Public Procurement No.2 dated 23.07.2020 & Public Procurement No.3 dated 24.07.2020 issued by Department of Expenditure, Public Procurement Division and subsequent orders issued by the Nodal Ministry shall be applicable even if issued after issue of the NIT but before finalization of contract/ PO/WO against this NIT. Tenderer are requested to go through the above mentioned order. The following requirements need to be met by the bidder for participating in the tender.

i. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority. However, the above mentioned circular - Public Procurement No.1 dated 23.07.2020 issued by Department of Expenditure, Public Procurement Division will not apply to bidders from those countries (even if sharing a land border with India) to which the Government of India has extended lines of credit or in which the Government of India is engaged in development projects as per circular no F.No.S/18/2019-PPD, Order ( Public Procurement No. 2) dated 23-07-2020 , issued by Department of Expenditure, Public Procurement Division.

ii. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process.

iii. "Bidder from a country which shares a land border with India" for the purpose of this Order means: -

a. An entity incorporated, established or registered in such a country; or b. A subsidiary of an entity incorporated, established or registered in such a

country; or




c. An entity substantially controlled through entities incorporated, established or registered in such a country; or

d. An entity whose beneficial owner is situated in such a country; or e. An Indian (or other) agent of such an entity; or f. A natural person who is a citizen of such a country; or g. A consortium or joint venture where any member of the consortium or joint

venture falls under any of the above.

The beneficial owner for the purpose of (iii) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means. Explanation

a. "Controlling ownership interest" means ownership of or entitlement to more than twenty-five percent of shares or capital or profits of

the company;

b. "Control" shall include the right to appoint the majority of the

directors or to control the management or policy decisions, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s)

who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals,

the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above,

the beneficial owner is the relevant natural person who holds the position of senior managing official;




5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership.

iv. "Agent" for the purpose of this Order is a person employed to do any act for

another, or to represent another in dealings with third persons.

v. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which shares a land border with India unless such contractor is registered with the Competent Authority.





CERTIFICATE REGARDING COMPLIANCE Dear Sirs, We have read the Public Procurement No.1 dated 23.07.2020 issued by Department of Expenditure, Public Procurement Division and subsequent orders issued by the Nodal Ministry. In terms of the requirement of the aforesaid order, we hereby certify that:

a) We have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India; we hereby certify that or company is not from such a country or, if from such a country, has been registered with the Competent Authority. We hereby certify that we fulfills all requirements in this regard and is eligible to be considered. [Copy of valid registration by the Competent Authority shall be attached.]

b) We have read the clause regarding restrictions on procurement from a bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries; We hereby certify that our company is not from such a country or, if from such a country, has been registered with the Competent Authority and will not sub-contract any work to a contractor from such countries unless such contractor is registered with the Competent Authority. We hereby certify that we fulfills all the requirements in this regard and is eligible to be considered. [Copy of valid registration by the Competent Authority shall be attached.]

Yours truly,

Date ……………….. Signature............................... Place …………………. Name.……………………………

Designation ……………………. Name of Bidder Seal………………………………….

Note: The above certificate given by a bidder whose bid is accepted is found to

be false, this would be a ground for immediate termination and further legal action in accordance with law.



FORM OF CONTRACT AGREEMENT KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 Page 1 of 22

FORM OF CONTRACT AGREEMENT THIS CONTRACT No. …………………………. made this ……………………… Day of ………………….. Two thousand …………………….. at ……………………………... BETWEEN KIOCL LIMITED, a Company incorporated under the Companies Act, 1956 and having its registered office at …………., …………, ………………, India, …………………………at …………………… (hereinafter referred to as the "Employer") which term or expression unless excluded by or repugnant to the context or the meaning thereof, shall be deemed to include its successors and permitted assigns, OF THE ONE PART, AND M/s. ………………………………, a Company organised and existing under the laws of ……………………………. (Name of the Country) and having its Registered Office at ………………………….. (hereinafter referred to as "Contractor"), which term or expression unless excluded by or repugnant to the context or meaning thereof, shall be deemed to include its successors and permitted assigns, OF THE OTHER PART AND WHEREAS a) The Employer has decided to set-up ________________ (Name of the Facilities) at

____________, (hereinafter referred to as the " Facilities "), and b) The Contractor has declared that the Contractor has valuable and specialized

knowledge and expertise for providing and executing the above Facilities and c) The Contractor has obtained clarifications on technical and commercial aspects

inspected the site and surroundings of Facilities and has examined and considered all other matters, conditions and things, probable contingencies including delays, hindrances and interferences and generally all matters incidental thereto and ancillary thereof, affecting the execution and completion of the Facilities/Work, and the contractor has agreed to undertake to execute the Facilities/Work

d) M/s MECON Limited, having its registered office at Doranda, Ranchi – 834 002,

Jharkand and Engineering office at No.89, South End Road, Basavanagudi, Bangalore- 560 004, shall be the Consultant for this project.




e) The Contractor has agreed to undertake design, manufacture/procurement, testing at works/ recognized Test centres, arranging Owner’s/ Consultant’s inspection, supply, erection, testing and commissioning and liquidation of defect points and post commissioning activities till issue of Final Acceptance Certificate (FAC) of all electrical Plant & equipment as required for the power supply distribution system of MSDS in line with the Scope of work specified in the Technical Specification, on Turnkey basis.

NOW IT IS HEREBY AGREED as follows: Article 1 Contract Documents 1.1 Définitions (Reference GCC-1 Clause no. 1, & GCC-2 Clause no. 1) 1.2 Contract Documents

1.2.1 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 Appendices hereto

(b) Special Conditions of Contract and Annexures hereto

(c) General Conditions of Contract and Annexures hereto

(d) Integrity Pact

(e) Technical Specifications (f) Any other documents (All correspondences after issue of Tender Enquiry

till issue of Letter of Award of Contract and acceptance of Letter of award of Contract.)

1.2.2 The contract document shall be in two parts as follows:

i/ Technical containing (a) Technical Specifications (b) Any other documents to be agreed upon ii/ Commercial containing

(a) This Contract Agreement hereto



(d) Integrity Pact

(e) Any other documents to be agreed upon




1.3 Order of Precedence (Reference GCC-1 Clause no. 33) 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 below (i.e. SCC will prevail over GCC): (a) This Contract Agreement



(d) Technical Specifications

Article 2 Contract Price and Terms of Payment

2.1 Contract Price (Reference SCC Clause no. 11.0) The Employer hereby agrees to pay to the Contractor the Contract Price in consideration of the performance by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of: …………. [amount of in words] and [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 Appendix-3)

The terms of payment are given in Appendix-3.

Article 3 Effective Date

3.1 The Effective Date of Contract shall be the date of signing of Contract or 30

days from date of Letter of award of contract (LAC), whichever is earlier.

Article 4 Scope of Facilities (Reference Technical Specifications) 4.1 The Contract is for the execution of Scope of Facilities as specified in the Technical

Specifications, on turnkey basis. The quantities of any item are indicative only for the purpose of making progress payments on pro-rata basis as per Sub-Clause 2.3 of Appendix-3.

4.2 Should the actual quantities differ from the indicated ones, neither the Contractor

shall be entitled to get any additional price from the Employer nor is the Employer entitled to deduct any amount from the Contract Price due to variation in physical quantities.

Article 5 Time for Completion (Reference SCC Clause no. 8.0 & Appendix-2) 5.1 The Facilities will be commissioned in 6 (Six) months from the Effective Date of

the Contract.




“The Performance bank Guarantee (BG) shall be submitted by the contractor within 30 days of signing of Contract………………………..”.

Article 6 Consultant 6.1 MECON Limited shall be the Consultant for this project. The consultant in relation

to the Contract, shall have such functions as are delegated to him or as may be delegated to him by the Employer from time to time. Employer shall keep the Contractor informed of such delegation.

Article 7 Sub-Contracting (Reference SCC Clause no. 19.0)

7.1 This shall be as per SCC Clause no. 19.0.

Article 8 Liquidated Damages (Reference SCC Clause no. 28.2)

8.1 Liquidated Damages due to Delay in Completion of Facilities (Reference SCC Clause no. 28.2) If the Contractor fails to attain “Completion of the Facilities” within the Time for Completion or any extension thereof under SCC Clause no. 41.0) due to reasons attributable to the Contractor, the Employer shall recover the amount of Liquidated Damages, but not by way of penalty, by making deductions from the Contractor’s account (as per SCC Clause no. 28.2), at the rate of 0.25% of the Contract Price, paid or payable to the Contractor, excluding taxes and duties per complete week of delay up to a maximum of 10% of the Contract, paid or payable to the Contractor excluding taxes and duties, as specified in the SCC Clause no. 28.2.1).

Liquidated damages recovered from the contractor is liable to GST at the applicable rate.

8.2 Any Recovery of Liquidated Damages along with applicable GST shall be effected from the amount payable to the Contractor.

8.3 Incentive for Early Completion

If the Contractor attains Completion of the Facilities before the stipulated date of Completion Time or any extended date of completion Time (Due to fault of Employer), the Employer shall pay to the Contractor a bonus at the rate of @ 0.25% (Zero point two five percent) of the Contract Price, excluding taxes and duties for each week of such early completion subject to a maximum of 10% (ten percent) of the awarded contract value, excluding taxes and duties. The amount of bonus, if payable, shall be paid along with the final bill after completion of total work.




Article 9 Arbitration/ Disputes 9.1 THE GCC-1 CLAUSE NO.59 & GCC-2 CLAUSE NO.33 ARE NOT APPLICABLE

FOR THIS TENDER/ CONTRACT. 9.2 The contracts / agreements are to be executed at Mangalore, the courts at

Mangalore will have jurisdiction on any disputes for adjudication arising out the contract/ agreement.

Article 10 Liability of Govt. of India 10.1 It is expressly understood and agreed between the Contractor and the Employer

that the Employer is entering into this Contract solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Govt. of India is not a party to this Contract 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 general principles of Contract Law. The Contractor expressly agrees, acknowledges and understands that the Employer is not an agent, representative or delegate of the Govt. of India. It is further understood and agreed that the Govt. of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor hereby, expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Govt. of India arising out of this Contract and covenants not to sue the Govt. of India as to any manner, claim, cause of action or thing whatsoever arising of or under this Contract.

Article 11 Appendix 11.1 The following 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.

1 Price Schedule

2 Time Schedule

3 Terms of Payment

Article 12.

No modifications of this Contract including Appendices hereto, shall be valid unless the same is agreed to in writing by the parties and specifically mentioned as an amendment to the Contract.




Article 13.

This Contract is signed in English language in two (2) originals, the Employer receiving one duly signed original and the Contractor receiving one duly signed original. Both the originals are authentic.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorised representatives the day and year first above written. Signed by for and on behalf of the Contractor

Signed by for and on behalf of the Employer

[Signature]

[Signature]

[Designation]

[Designation]

In the presence of

In the presence of

1) [Signature]

1) [Signature]

[Designation]

[Designation]

2) [Signature]

2) [Signature]

[Designation]

[Designation]




Appendices to Form of Agreement

The following 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. (a). Price Schedule Appendix – 1

(b). Time Schedule Appendix – 2

(c). Terms of Payment Appendix – 3




APPENDIX - 1PRICE SCHEDULE

1. Contract Price

1.1 The Contract Price for the entire scope of Facilities including all the contractual obligations of the Contractor together with its Sub-Contractor / vendors, is indicated in the Article-2 of the Contract.

2. Contract Price Break up

2.1 The break-up of the Contract Price is indicated in the Summary Price schedule and detailed break up of summary Prices is given in the following Tables, hereafter.

Table Descriptions

1 Summary Price Schedule 2 Price Schedule for Design & Engineering. 3 Price Schedule for Supply of Plant & Equipment.

4 Price Schedule for Storage, Handling, Erection, Testing and Commissioning of Plant & Equipment.

5 Price schedule for 2 year O&M spares




Table - 1 SUMMARY PRICE SCHEDULE

PACKAGE - PACKAGE NO.-

Bidder's Ref No.

Sl. No.

Description

Price (Supplies & Services including

all taxes, duties and CGST+SGST/UTGST, IGST at base date) In

INR a b c 1 Design & Engineering (Table -2)

2 Supply of Plant & Equipment (Table-3)

3 Storage, Handling, Erection, Testing and Commissioning of Plant and Equipment (Table 4)

4 Comprehensive Transit, Storage cum erection insurance

5 Total Contract Price ( 1 to 4 )

6 Total amount considered towards CGST/ SGST/ UTGST/ IGST in the total contract price quoted under Sl. No.5

7 Total Contract Price excluding CGST/ SGST/UTGST/IGST in INR (For Evaluation Purpose) (5-6).

Notes: 1 Bidders to quote in summary price schedule based on which evaluation will be done and

bidders shall also submit price break-up in other tables along with the Price Bid.

2 In case of arithmetic error in totalling, corrected arithmetic total will be considered.

3 In case of discrepancy between words and figures and / or arithmetic error in totalling, corrected arithmetic total will be considered.

4 Remarks / Footnotes / Comments furnished in un-priced bids will prevail, if any discrepancy is found in furnishing any Remarks / Footnotes / Comments between un-priced bids and priced bids.

5 The prices for supply and services shall include basic price, packing & forwarding charges, freight, insurance, Goods and Services Tax and other duties, taxes and levies etc. as may be applicable. While the basic price will constitute the consideration under the contract, the payment of GST and other duties, taxes, levies etc., will be reimbursed (on actual) against documentary evidence to be produced by the contractor. In no case the reimbursement towards GST and other duties, taxes and levies etc., shall exceed the amount specified in price schedule tables except for statutory variations. In case the actual taxes and duties paid by the contractor are less than those indicated in the price schedule, the difference will not be paid to the contractor, since GST and other duties, taxes and levies are reimbursable to the contractor on actual against documentary evidence. Please refer SCC Clause No. 14.0, Taxes & Duties.




6 Summation of CGST/ SGST / UTGST / IGST quoted for supplies and services at Table 2, Table 3 & Table 4 shall be same as CGST/ SGST/ UTGST/ IGST quoted at Sl.no 6 of Table 1.

Signature of authorised signatory

(Official seal of Company)



FORM OF CONTRACT AGREEMENT KIOCL/TS/BFU/PDS/PKG-10/F-542

Page 11 of 22

Table - 2

PRICE SCHEDULE FOR DESIGN & ENGINEERING SL. No. Items (PRICE IN RS)

a b c

1 Basic Cost

2 Any other taxes, duties & levies

3 CGST

4 SGST/UTGST

5 IGST

Total (1 to 5) Total Design & Engineering (In words) ----------------------------------- Signature of authorised signatory (Official seal of Company)




Page 12 of 22

Table - 3

PACKAGE NO.-

Price Schedule for Supply of Plant & Equipment

Sl. No.

DESCRIPTION Weight

(T) UNIT Quantity

TOTAL BASIC PRICE (Rs)

a b c d e f

1 Electrical Equipment 2 Commissioning spares 3 Others 4 Special Tools and Tackles

5 TOTAL Basic Price including packing and forwarding (1 to 4)

6 Any other tax ( Pl. Specify )

7 Inland freight up to site

8 CGST

9 SGST/UTGST

10 IGST

11 TOTAL PRICE (5 to 10)

TOTAL PRICE (In Words)




Page 13 of 22

Table - 4

PACKAGE No.

PRICE SCHEDULE FOR RECEIPT,UNLOADING, STORAGE,TRANSPORTATION FROM

STORE TO ERECTION SITE, ERECTION, TESTING AND

COMMISSIONING OF PLANT & EQUIPMENT.

Sl. NO.

Items Unit Quantity Basic price

Rs.

a. b c D e 1 Electrical Equipment 2 Any Other

3 TOTAL Basic Price (1 to 2)

4 Any other tax ( Please Specify )

5 CGST

6 SGST/UTGST

7 IGST 8 TOTAL PRICE ( 3 to 7 )

TOTAL PRICE (In Words)




Page 14 of 22

Table 5

PRICE SCHEDULE FOR SUPPLY OF 2 YEARS O&M SPARES

SL. NO.

Item HSN Code

Quantity Basic Price (for spares)

Nos. Tonne Rs a b c d e I

Supply of 2 years O&M Spares

1 - 2 - 3 -

4 Sub Total-B

5 Any other tax (Please Specify )

6 Inland Freight up to site

7 CGST 8 SGST/UTGST 9 IGST

10 TOTAL-B ( 4 to 9)

11 TOTAL-B (in words)

Note: Supply of 2 years O&M Spares shall not be considered for evaluation.

Tenderer to indicate detailed list of spares along with itemised prices and the validity of the same shall be kept for two years.




Page 15 of 22

APPENDIX - 2 TIME SCHEDULE

1.0 Time Schedule for Completion of the Facilities 1.1 The Facilities will be commissioned within 6 Months from the effective date of

the Contract as per Article-5 of the Contract Agreement. The overall time schedule for completion of the Facilities is given below:

S. No.

Items of Work Commencement(No. of Month from Effective

Date)

Completion (No. of Month from Effective

Date)

1. Basic Engineering

2. Detailed Design Engineering

3. Supply / Delivery of Equipment

4. Erection of Equipment

5. Preliminary Acceptance

6. Commissioning 2.0 Time Schedule for Feedback Data, Drawings and Documents 2.1 Within 4 weeks from the Effective Date of Contract, the Contractor shall submit

to the Engineer/ Consultant preliminary list of all drawings and documents by title using the approved numbering system and indicating the schedule of submission of drawings in conformity with the time schedule given in Clause 2.2 and 2.3 hereof. This list shall be updated and submitted by the Contractor at the end of every quarter of the year.

2.2 Drawing / Documents for Approval 2.2.1 The Contractor shall submit the various drawings and documents to the Engineer

/ Consultant for approval, as per following schedule:

S. No.

Description No. of Copies

Time of Submission in weeks from the

Effective Date of Contract

A Basic Engineering: 1. Name Plate and Numbering System 5 2. Inspection procedures 5 3. Process Engineering Assumption /

Basic Data 5




Page 16 of 22

S. No.




4. Single line diagrams, block diagrams, GA and layout drawings for electricals.

5

B Design and Engineering:

1. Equipment General arrangement & major assembly and sub-assembly drawings (including equipment for various services)

5

2. Colour schemes 5 2.2.2 After approval by the Employer / Consultant, the Contractor shall submit

approved drawings and documents in number of copies mentioned above, to the Employer.

2.3 Drawings / Documents for Information / Review 2.3.1 The Contractor shall submit to the Engineer / Consultant for information / review

of the drawings and documents as per following schedule:

S. No.




1. Assignment from Contractor for number of feeders to be provided by the Employer

5

2. Terminal plans and interconnection diagrams for electrical works

5

3. Conduit drawings and cut out details 5

4. Drawings for approval of Statutory Authorities

5

5. Instructions for storage & re-conservation including those for electrical, instrumentation and communication items.

5

6. Erection drawings, erection specifications and Erection Instructions.

5




Page 17 of 22

S. No.




7. Integrated Operation / safety and Maintenance Manuals material specification

5

8. Ordering Specifications for Operation & Maintenance Spares

5

9. Recommended Man-power Requirement for Operation & Maintenance of the Facilities as per SCC clause no. 18.5

5

2.3.2 After "no comment" clearance by the Engineer / Consultant, the Contractor shall

submit the final drawings and documents in number of copies mentioned above, to the Employer.

2.4 As-Built Drawings and Documents 2.4.1 The Contractor shall submit As-built drawings & documents after

Commissioning, but before release of payment for Commissioning as per SCC Clause no. 25.0, as per following schedule:

Accordingly, payment of PG shall be released. However, if any drawing/ document requires changes / modifications after PG test, the same shall be submitted before FAC.

S. No.


Time of Submission in

weeks from the Effective

Date of Contract

1. General arrangement, assembly and sub-assembly drawings

5

2. Test charts and inspection certificates in bound volumes

5

3. All design calculations with respective approved design criteria in bound volumes

5

4. Operation and safety manuals 5

5. Maintenance manuals 5




Page 18 of 22

S. No.


Time of Submission in

weeks from the Effective

Date of Contract

6. List of spares (Operation, Maintenance) 5

7. Drawings & bill of materials for Operation & Maintenance Spares

5

8. Ordering Specifications including catalogues & details for Operation & Maintenance Spares

5

9. Total set of all documents as listed above. 3 sets of

external Hard Disk

2.5 Equipment drawings and Erection Instructions drawings for the Plant and

Equipment shall be supplied by the Contractor at least one month (or as agreed in Contract Technical Specification) before the shipment / despatch of the Plant & Equipment.




Page 19 of 22

APPENDIX - 3 TERMS OF PAYMENT

1. General 1.1 In accordance with the provisions of Clause no. 12.0 of SCC (Terms of Payment),

the Employer shall pay the Contractor for the Scope of Facilities detailed under Technical Specifications, on the basis of the price break-up given in the Price Schedule (Appendix-1) and Billing Schedule as per Clause no. 11.5 of SCC.

1.2 The Contractor shall submit complete and correct invoices and documents for

supplies and services for payments to be made.

1.3 The Contractor shall reimburse the Employer all costs, charges, damages or expenses which the Employer may have paid or incurred, if and to the extent to which the Contractor is liable under this Contract to pay upon written request of the Engineer / Employer, failing which such costs, charges, damages or expenses shall be deducted by the Employer from any money due or becoming due by the Employer to the Contractor under this Contract or any other Contract failing which such amounts shall be considered as debt from the Contractor to the Employer and shall be recoverable accordingly.

1.4 INCOME TAX

Any Income Tax which Employer may be required to deduct by law or statute, shall be deducted at the source under relevant Chapter of Income Tax Act and the same shall be paid to Income Tax Authorities on account of the Contractor. Employer shall provide the Contractor a certificate for such deduction of Tax. The Contractor shall indicate their Permanent Account Number with the relevant Income Tax Authority to Employer. Contractors shall maintain books of account and shall get the account audited as per relevant Section of Income Tax Act. If the Contractor is exempted from the deduction /recovery of Income Tax, no such recovery shall be made by Employer. Contractor shall furnish valid exemption Certificate issued by Income Tax Department to this effect

1.5 Goods and Services Tax (CGST/SGST/IGST) shall be reimbursed to the

Contractor as per invoice. Invoice should contain GST network number, HSN codes, SAC codes as applicable.

1.6 The payment to the Contractor shall be released within thirty (30) days from the

date of receipt of the complete and correct invoices & relevant documents along with price adjustment statement.




Page 20 of 22

2. Terms of Payment

2.1 Terms of Payment

2.1.1 Five per cent (5%) of the total basic Contract price specified in Appendix-1 with applicable GST shall be released on submission of basic engineering drawings & the basic engineering data (as per list finalized in Technical discussions); submission of L-1 Network for the facilities.

2.1.2 Five per cent (5%) of the total Contract price specified in Appendix-1 with applicable GST shall be released on placement of orders, for identified equipment’s/ items (as per list finalized in Technical discussions) and submission of un-priced of the purchase orders of the same by the Contractor.

2.1.3 Seventy Seven and a half percent (77.5%) of the total Contract price specified in Appendix-1 with applicable GST shall be released towards progress payments of 77.5% as per Sub-Clause 2.3. Contractor agrees that any retention money withheld from any invoice towards security against the obligation due from the contractor i.e. Preliminary Acceptance Certificate, commissioning certificate, final completion certificate (FAC), etc., and payment for such invoice be regarded as fully discharged for the purpose of GST.

2.1.4 Five percent (5%) of the total Contract price specified in Appendix-1 with applicable GST, shall be released upon issue of the Preliminary Acceptance Certificate.

2.1.5 Five percent (5%) of the total Contract price specified in Appendix-1 with applicable GST, shall be released upon issue of the Commissioning Certificate.

2.1.6 Two and a half percent (2.5%) of the total Contract price specified in Appendix-1 with applicable GST, shall be released upon issue of the Final Acceptance Certificate.

2.1.7 All interim / progress payments made shall not be considered as final payment

and not as payment for work completed and shall not preclude defective / imperfect / incomplete Facilities to be removed. It will not be considered as an admission by the Employer of the due performance of the Contract, or any part thereof by the Contractor nor shall it preclude, determine or affect in any way the powers of the Employer under these conditions or in any way vary or affect the Contract.




Page 21 of 22

2.2 No advance shall be payable and payment shall be based on the completion of milestones.

Note: However, an advance up to 10% of the contract value may be considered for released by KIOCL against submission of Bank Guarantee of equivalent amount plus 10% (i.e, 110% of the advance amount). The advance shall be interest bearing at 12% or SBI lending rate plus 2%. The advance paid, if any, shall be recoverable proportionately against each progressive bill.

2.3

Progress Payments [Seventy seven and a half percent (77.5%) of Price]

2.3.1 Design & Engineering

2.3.1.1 Seventy Seven and a half percent (77.5%) of the Price specified in the Appendix-1 along with applicable GST, shall be released on pro-rata basis and as per progress of submission & approval of design & engineering in accordance with the approved Billing Schedule. Contractor agrees that any retention money withheld from any invoice towards security against the obligation due from the contractor i.e. Preliminary Acceptance Certificate, commissioning certificate, final completion certificate (FAC), etc., and payment for such invoice be regarded as fully discharged for the purpose of GST.

2.3.2 Supply of Plant & Equipment including Commissioning Spares

2.3.2.1 Seventy Seven and a half percent (77.5%) of the Price specified in the Appendix-1 along with applicable GST, shall be released as per approved billing schedule on receipt of equipment including Commissioning Spares at Site, in full and good condition. Contractor agrees that any retention money withheld from any invoice towards security against the obligation due from the contractor i.e. Preliminary Acceptance Certificate, commissioning certificate, final completion certificate (FAC), etc., and payment for such invoice be regarded as fully discharged for the purpose of GST.




Page 22 of 22

2.3.3 Comprehensive Transit, Storage cum erection insurance. 2.3.3.1

Seventy Seven and a half percent (77.5%) of the Price specified in the Appendix-1 along with applicable GST shall be released for comprehensive transit, storage cum erection insurance on pro-rata progress of delivery of Plant & equipment & erection. Contractor agrees that any retention money withheld from any invoice towards security against the obligation due from the contractor i.e. Preliminary Acceptance Certificate, commissioning certificate, final completion certificate (FAC), etc., and payment for such invoice be regarded as fully discharged for the purpose of GST.

2.3.4 Erection of Plant & Equipment, Testing & Commissioning.

2.3.4.1 Twenty percent (20%) of the Price specified in the Appendix-1 along with applicable GST, shall be released on pro-rata basis when the switch gear panels are placed on the foundation/in position.

2.3.4.2 Forty percent (40%) of the Price specified in the Appendix-1 along with applicable GST, shall be released on pro-rata basis when the plant & equipment are completely erected, aligned, welded/grouted & checked and connected with all the auxiliaries and existing switch gear panels.

2.3.4.3 Seventeen & half percent (17.5%) of the Price specified in the Appendix-1 along with applicable GST, shall be released on pro-rata basis after charging of the individual feeder. Contractor agrees that any retention money withheld from any invoice towards security against the obligation due from the contractor i.e. Preliminary Acceptance Certificate, commissioning certificate, final completion certificate (FAC), etc., and payment for such invoice be regarded as fully discharged for the purpose of GST.



SCC KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 Page 1 of 54

SPECIAL CONDITIONS OF CONTRACT (SCC)

The following Special Conditions of Contract [SCC] shall supplement the General Conditions of Contract [GCC-1 & GCC-2]. Whenever there is a conflict, the provisions herein shall prevail over those in the GCC-1 & GCC-2.

A. CONTRACT & INTERPRETATION 1. Definitions 1.1 The following words and expressions shall have the meanings hereby assigned to

them:

“Contract” means the Contract Agreement entered into between the Owner and the Contractor, together with the Contract Documents referred to therein; they shall constitute the Contract, and the term “the Contract” shall in all such documents be construed accordingly.

“Contract Documents” means the documents listed in Article 1.2 (Contract Documents) of the Contract Agreement (including any amendments thereto).

“SCC” means the Special Conditions of Contract.

“Technical Specifications/ Contract Technical Specifications” mean the technical specifications, schedules, detailed designs, statements of technical data, performance characteristics value and all other technical particulars of the Contract.

“Day” means calendar day of the Gregorian Calendar.

“Month” means calendar month of the Gregorian Calendar.

“Owner/Employer” means KIOCL Limited and includes the legal successors or permitted assigns of the Owner.

“Engineer / Engineer-In-charge” means the person appointed by the Owner in the manner provided in Sub-Clause 17.1 (Engineer) hereof and to perform the duties delegated by the Owner.

“Consultant” means MECON Limited and includes the legal successors or permitted assigns of the Consultant.

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

“Contractor’s Representative” means any person nominated by the Contractor and approved by the Owner in the manner provided in Sub-Clause 17.2 (Contractor’s Representative) hereof to perform the duties delegated by the Contractor. For site work contractor’s Representative shall also mean the representative of Sub-Contractors and Sub-Contractor’s Sub-Contractors.




“Sub-Contractor”, including vendors, means any person to whom execution of any part of the Facilities, including preparation of any design or supply of any Plant and Equipment, is sub-Contracted directly or indirectly by the Contractor, and includes its legal successors or permitted assigns.

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

“Base date” shall be the date 7 (seven) days before the last date for submission of original price bid and in case any revised price bid is obtained then Base date of Contract shall be the date 7 (seven) days before the last date for submission of such revised price bid. The above base date shall be considered in price variation formulae as given in Sub- Clause 2.3 to 2.9 of Appendix-4 of Contract Agreement.

“Facilities” mean the work specified in Clause 7 hereof, Technical Specification, and all supply & services to be carried out by the Contractor under the Contract.

“Plant and Equipment” means permanent plant, equipment, machinery and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract but does not include Contractor’s Equipment.

“Installation Services” or “Services” means all those services ancillary to the supply of the Plant and Equipment for the Facilities, to be provided by the Contractor under the Contract; e.g., design & engineering, supervision work, loading & unloading, dismantling, modification, intermediate storage, transportation and provision of marine or other similar insurance, inspection, expediting, site preparation works (including the provision and use of Contractor’s Equipment and the supply of all construction materials required), installation, testing, pre-commissioning and commissioning, the provision of operations and maintenance manuals, etc.

“Contractor’s Equipment” means all plant, equipment, machinery, tools, apparatus, appliances or things of every kind required in or for installation completion and maintenance of Facilities that are to be provided by the Contractor, but does not include Plant & Equipment, or other things intended to form or forming part of the Facilities.

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

“Effective Date of Contract” shall be the date of signing of Contract or 30 days from date of Letter of award of contract (LAC), whichever is earlier.

“Time for Completion” means the time specified in Article 5.1 of the Contract Agreement within which Completion of the Facilities as a whole (or of a part of the Facilities where a separate Time for Completion of such part has been prescribed) is to be attained in accordance with the stipulations made in the Contract Agreement and the relevant provisions of the Contract.

”Inspector” / “Inspecting Engineer” shall mean any person or firm nominated by or on behalf of the Owner or his duly authorised agent to inspect equipment, materials, supplies or work under the Contract.




“Pre-commissioning” means the checking, testing including conducting of integrated trial runs (cold integrated trial runs in case of Facilities involving operation at high temperature) and meeting other requirements specified in the Technical Specifications that are to be carried out by the Contractor in preparation for Commissioning as provided in Clause 24 (Preliminary Acceptance) hereof.

“Preliminary Acceptance” of the Facilities means that the Facilities have been completed operationally and structurally and put in a tight and clean condition, and that all work in respect of Pre-commissioning of the Facilities have been completed; in other words, that the Facilities are fit for Start-up & Commissioning and Preliminary Acceptance Certificate has been issued as provided in Clause 24 (Preliminary Acceptance) hereof.

“Program of Performance” shall mean the program submitted by the Contractor in accordance with clause 18.1

“Preliminary Acceptance Certificate” means the Certificate to be issued by the Owner on successful completion of Preliminary Acceptance Tests.

“Commissioning” means operation of the Facilities by the Contractor to a level of output as provided in Clause 25 (Commissioning) hereof.

“Commissioning Certificate” is the Certificate to be issued by the Owner as per Sub-Clause 25.3 hereof.

“Completion of the Facilities” means the Facilities have been commissioned as per Clause 25 (Commissioning). The Facilities will be considered completed in all respects and accepted when Final Acceptance Certificate has been issued as per Clause 27 hereof.

“Taking Over” means, on commissioning, the Owner shall be responsible for the care & custody of the Facilities together with the risk of loss or damage thereto, and shall thereafter take-over the Facilities.

"Final Acceptance" means the acceptance by the Owner of the Facilities which certifies the Contractor's fulfilment of his contractual obligation in accordance with the provisions of SCC Clause 26, SCC Clause 27.1hereof, and completion of Defects Liability Period as per SCC clause 29.2 and SCC clause 29.5.

Final Acceptance shall occur in respect of the Facilities when the Contractor has fulfilled all the obligations under the Contract including completion of defect liability period and extended warranty period mentioned in SCC Clause 29.5.

“Final Acceptance Certificate” is the Certificate to be issued by the Owner as per Clause 27 hereof.

“Defect Liability Period” means the period of validity of the warranties given by the Contractor commencing from the date of Commissioning of the Facilities, during which the Contractor is responsible for defects with respect to the Facilities as provided in Clause 29 (Defect Liability) hereof.

2. Contract Documents 2.1 Subject to Article 1.3 (Order of Precedence) of the Contract Agreement, all documents

forming part of the Contract (and parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole.




2.2 The Contractor shall be required to provide at least one original + 10 (Ten) copies of signed Contract Agreement for Owner’s use within 30 (thirty) days of the date of signing of the Contract.

3. Interpretation

3.1 Language

3.1.1 All correspondence and communications to be given and all other documentation to be prepared and supplied under the Contract shall be written in English, and the Contract shall be construed and interpreted in accordance with English language.

3.2 Singular and Plural

3.2.1 The singular shall include the plural and the plural the singular, except where the context otherwise requires.

3.3 Headings

3.3.1 The headings and marginal notes in the General Conditions of Contract are included for ease of reference, and shall neither constitute a part of the Contract nor affect its interpretation.

3.4 Persons

3.4.1 Words importing persons or parties shall include firms, Corporations, Companies, Joint Ventures and Government entities.

3.5 Entire Agreement

3.5.1 The Contract constitutes the entire agreement between the Owner and Contractor with respect to the subject matter of Contract and supersedes all communications, negotiations and agreements (whether written or oral) of parties with respect thereto made prior to the date of Contract.

3.6 Amendment 3.6.1 No amendment or other variation of the Contract shall be effective unless it is in writing,

is dated, expressly refers to the Contract, and is signed by a duly authorised representative of each party hereto.

3.7 Contractor 3.7.1 The Contractor shall be an independent Entity performing the Contract. The Contract

does not create any agency, partnership, joint venture or other joint relationship between the parties hereto.

3.7.2 Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in which the Contract is performed.

3.7.3 All employees, representatives or Sub-Contractors engaged by the Contractor in

connection with the performance of the Contract shall be under the complete control & supervision of the Contractor and shall not be deemed to be employees of the Owner, and nothing contained in the Contract or in any Sub-Contract awarded by the Contractor shall be construed to create any Contractual relationship between any such employees, representatives or Sub-Contractors and the Owner.




3.8 Waiver

3.8.1 Subject to Sub-Clause 3.8.2 below, no relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

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

3.9 Severability

3.9.1 If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

4. Notices 4.1 Unless otherwise stated in the Contract, all notices to be given under the Contract shall

be in writing, and shall be sent by personal delivery, post, special courier, email to the address of the relevant party set out in the Special Conditions of Contract, with the following provisions.

4.1.1 Any notice sent by email shall be confirmed within two (2) days after dispatch by notice sent by post or special courier, except as otherwise specified in the Contract.

4.1.2 Any notice sent by post or special courier shall be deemed (in the absence of evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and conveyed to the postal authorities or courier service for transmission by airmail or special courier.

4.1.3 Any notice delivered personally or sent by email shall be deemed to have been delivered on date of its dispatch.

4.1.4 Either party may change its postal, email address or addressee for receipt of such notices by 10 (ten) days’ notice to the other party in writing.

4.2 Notices shall be deemed to include any approvals, consents, instructions, orders and certificates to be given under the Contract.

5. Governing Law

5.1 The Contract proceedings shall be governed by and interpreted in accordance with

laws of India. 6. APPLICABLE LAW:

This Agreement shall be construed and governed in accordance with the Indian Substantive Laws.




B. SUBJECT MATTER OF CONTRACT 7. Scope of Facilities 7.1 Scope of Supplies and Services

The scope of work for power distribution shall include design, manufacture/procurement, testing at works/ recognized Test centres, arranging Owner’s/ Consultant’s inspection, supply (ie) packing and forwarding, transport, receipt at site, unpacking and unloading at site, arranging for safe storage, provision of watch and ward from receipt of material till successful handing over, transportation to place of erection, erection, testing and commissioning and liquidation of defect points and post commissioning activities till issue of Final Acceptance Certificate (FAC) of all electrical equipment as required for the power supply distribution system of MSDS. The detail scope of works is specified in the Technical specification.

7.2 Supply of Plant & Equipment, Commissioning Spares, Operation & Maintenance

Spares, Initial Fills & Lubricants and Special Tools & Tackles. 7.2.1 Plant and Equipment

The contractor shall be responsible for supply of plant & equipment as described in the Technical Specifications and Drawings/documents.

7.2.1.1 The Contractor shall furnish a copy of the unpriced Orders/ Contracts for all the bought-out items “as mutually agreed”.

7.2.2 Commissioning Spares 7.2.2.1 The Contractor shall, within the Contract Price, supply adequate commissioning

spares required during Start up and commissioning along with the plant & equipment mentioned in Clause 7.2.1, hereof.

7.2. 2.2 Should the commissioning spares found to be inadequate, the Contractor shall supply

without any extra cost to the Owner, additional required commissioning spares within the time schedule to ensure that the Facilities are commissioned.

7.2.3 Operation and Maintenance Spares

7.2.3.1 The Contractor shall furnish list of spares required for the normal operation and maintenance of the Facilities, for a period of two years which will be required after commissioning. Price for such lists shall be submitted at least 1 months before the scheduled commissioning.

7.2.3.2 A list of such operation & maintenance spares along with their itemised prices shall be

furnished by the Contractor. The itemised prices of such spares shall be kept valid for a period of upto twelve months.

7.2.3.3 The list of spares along with itemized price shall include such details as:

a) Item number of equipment in Contract

b) Designation




c) Number per item

d) Materials indicating chemical composition and physical properties like fits and tolerances, finishes, heat treatment, etc.

e) Manufacturing drawing number/ordering specification number/Vendor name & address.

f) Catalogue reference

However, this clause will be applicable except for proprietary items. In case of proprietary items relevant data and information shall be provided to the Owner to enable procurement of the same, if required.

7.2.3.4 The Contractor shall supply complete ordering specification including manufacturing drawings with bill of materials, material specification & catalogues with reference details and list of suppliers shall also form part of such ordering specification.

However, this clause shall not apply to proprietary items. In case of proprietary items relevant data and information shall be provided to the Owner to enable procurement of the same, if required.

7.2.3.5 The Contractor shall undertake to supply operation & maintenance spares at reasonable price at any time later during the life of the Facilities on request from the Owner. In case during the life of the Facilities, any spare(s) becomes obsolete or goes out of Contractor's production programme, the Contractor shall serve prior written notice of not less than six months to the Owner to that effect and furnish detailed manufacturing drawings (except items proprietary in nature) to the Owner for such spares, if not already furnished. Contractor shall also ensure that the Owner is in a position to procure such spares in sufficient quantities at reasonable prices before these become obsolete or go out of production programme as stated above.

7.2.4 Initial Fill and Lubricants

7.2.4.1 The Contractor shall supply along with the Plant & Equipment the oils, grease & lubricants required for the initial fill including flushing liquor and also chemicals for pickling, etc., well in advance, for commissioning of the Plant & Equipment.

7.2.4.2 The cost of such initial fill of oils including hydraulic oils, grease and other lubricants is included in the Contract Price. Should the oil, grease & lubricants found to be inadequate, the Contractor shall supply without any extra cost to the Owner, additional required oil, grease & lubricants, within the time schedule to ensure commissioning is not held-up The un-used oil, grease & lubricants shall be the property of the Owner.

7.2.4.3 The Contractor shall be responsible for supply of adequate quantities of such oils, grease & lubricants as may be required for this purpose till commissioning as per Clause 25 hereof.

7.2.4.4 These oils, grease & lubricants should be preferably of Indian origin. In the case of imported oil, grease & lubricant, specification for the same shall be furnished by the Contractor for procurement in future.

7.2.4.5 The Contractor shall also furnish consumption rates of all the consumables along with estimated annual requirement and ordering specification for timely procurement by the Owner for future requirements.




7.2.5 Special Tools & Tackles

The Contractor shall supply along with the Plant & Equipment special tools & tackles, instruments and appliances which will be required for erection, commissioning, operation and maintenance of the Facilities.

The Contractor shall provide ordering specification including the names of suppliers giving sufficient details to enable the Owner to procure such special tools, tackles, instruments and appliances, at a later date when necessary, after successful commissioning.

7.3 Scope of work for Erection of Plant & Equipment

7.3.1 The scope of work of the Contractor amongst others, shall be complete erection of the Plant and Equipment as given in the Technical Specifications.

7.3.2 The Contractor shall intimate the Owner in writing well in advance about the requirement of shut down of any of the existing units / facilities for inter-connection / incorporation of additional facilities. The shutdown period shall be mutually discussed and finalised. The work to be undertaken during the shutdown period shall be planned meticulously by the Contractor to reduce the shutdown period to the minimum.

7.3.3 The Contactor shall use permanent pipe and clamps scaffolding for working at heights.

7.4 Technical Services (This Clause shall be read in conjunction with Contract Technical Specifications)

7.4.1 Technical Services to be provided by the Contractor shall include the following amongst others:

a) Raw material testing, if necessary.

b) Basic design, layout, engineering & drawings.

c) Detailed design, layout, engineering & drawings.

d) Drawings / data for carrying out Plant Engineering and detailed design/drawings and services.

e) Technical services relating to planning, procurement, manufacturing, inspection, expediting, packing, shipping, storage, etc.

f) Supervision of erection work including specialised erection services.

g) Technical consultation / liaison / guidance relating to detail design and plant engineering by Contractor’s Sub-Contractors, Co-ordination relating to site work and other engineering work, feedback data and information to the Owner / Consultant for the Contractor's scope of supply and services.

h) Project Management Services including, transportation, insurance, claim settlement, inspection of supplies, construction planning and scheduling, erection planning, field construction engineering, trial runs, start up, and commissioning.

i) Training of Owner's Personnel.

j) Quality control and adherence to time schedule, control of site work and other works.




k) Clearance of installations from the statutory and other concerned authorities on behalf of Owner. The Contractor shall also assist in preparing application forms, providing necessary drawings, documents, test certificates etc., including necessary co-ordination with statutory and other concerned authorities.

l) Post Commissioning services in accordance with terms and conditions stipulated under the Contract, if so specified in SCC.

8. Time for Completion

8.1 The Contractor shall attain Completion of the Facilities as defined at Clause 1 hereof within the time stated in the Article-5 of Contract Agreement or within such extended time to which the Contractor shall be entitled under Clause 41 (Extension of Time for Completion) hereof.

9. Contractor’s Responsibilities (This Clause shall be read in conjunction with Contract Technical Specifications)

9.1 The Contractor shall carryout Scope of Facilities as specified in Clause-7 hereof including design, manufacture/procurement, testing at works/ recognized Test centres, arranging Owner’s/ Consultant’s inspection, supply (ie) packing and forwarding, transport, receipt at site, unpacking and unloading at site, arranging for safe storage, provision of watch and ward from receipt of material till successful handing over, transportation to place of erection, erection, testing and commissioning and liquidation of defect points and post commissioning activities till issue of Final Acceptance Certificate (FAC) of all electrical equipment as required for the power supply distribution system of MSDS.

9.2 The Contractor shall be deemed to have entered into this Contract on the basis of a

proper examination of the data relating to the Facilities (including any data as to boring tests) provided by the Owner, and on the basis of information that the Contractor could have obtained from a visual inspection of the Site (if access thereto was available) and of other data readily available to it relating to the Facilities prior to bid submission. The Contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Facilities. The Contractor shall satisfy himself regarding the accessibility to site by existing roads, feasibility of taking materials / equipment to site and availability of Labour and local conditions.

9.3 The Contractor shall at its own expenses obtain all permits and licences from Indian Government required for the performance of work under this Contract and the Contractor shall bear any fee payable to the Government or local licensing authority for obtaining permits and licences at their own cost (except where the Owner is statutorily required as per Indian laws, rules, statutory notifications to pay the fees and/or file applications for the permits/licences in which case the Contractor shall render assistance to the Owner). The Contractor shall perform the work in accordance with the conditions of all applicable permits and licence. The Contractor shall provide evidence of licence granted and any restriction contained therein.

The necessary Statutory Fees for such permits, approvals and / or licenses payable by the Contractor, are included in the Contract Price.




9.4 The Contractor shall comply with the Indian Laws that may be in vogue as on Base Date of the Contract or may come into force during currency of the Contract, that binds upon the Contractor. The Contractor shall indemnify and hold harmless the Owner from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Contractor or its personnel, including the Sub-Contractors and their personnel.

10. Owner’s Responsibilities

10.1 The Owner shall ensure the accuracy of information and / or data to be supplied by the Owner, except when otherwise expressly stated in the Contract.

10.2 The Owner shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto, and for providing possession of land access to all other areas reasonably required for the proper execution of the Contract, including all requisite rights of way. The Owner shall give full possession of land and accord all rights of access thereto on or before the mutually agreed date(s).

10.3 If requested by the Contractor, the Owner shall use its best endeavors to assist the Contractor in obtaining in a timely and expeditious manner all permits, approvals and / or licenses necessary for the execution of the Contract from State or Central Government Authorities.

10.4 To the extent specified in the Contract or agreed upon by the Owner and the

Contractor, the Owner shall provide to the Contractor sufficient, properly qualified operating & maintenance personnel; shall supply & make available all raw materials, & utilities, and shall perform all work and services of whatsoever nature, for properly carrying out pre-commissioning and commissioning by the Contractor at or before the time specified in the contract and in the manner thereupon specified or as otherwise agreed upon by the Owner and the Contractor.

C. PAYMENT

11. Contract Price

11.1 The Contract Price as specified in Article 2 (Contract Price and Terms of Payment) of the Contract Agreement shall be for the entire Scope of the Facilities including spares, oils, grease, lubricants, flushing liquor, chemicals, etc required during Start up and Commissioning and scrap in any form generated inside the plant premises. The break-up of the Contract Price is given in the Appendix-1 to the Contract Agreement.

11.2. Price Basis

11.2.1 The Contract Price quoted shall comprise of basic price, all duties, taxes and levies including Goods and Services Tax (GST) as may be applicable and prevailing as on base date on Taxable Value of the Contract (Basic price + other charges, duties levies taxes including GST). While the basic price will constitute the consideration under the Contract, the payment of Goods and Services Tax (GST) and other taxes, duties, levies, cess, etc. thereon, will be reimbursed on actuals against documentary evidence subject to a ceiling indicated in Price Schedule given in Appendix-1 except on account of impact due to price variation, if applicable and statutory variation on account of taxes and duties.

11.2.2 The prices for supplies shall be on delivery at plant site basis.




11.2.3 Percentage of Goods and Services Tax (GST) either CGST and SGST/UTGST or IGST considered in the offer shall be indicated separately item wise by the successful bidder, along with billing schedule.

11.2.4 The GST, TDS if any required by Owner to be made under GST Act or rules made

thereunder shall be deducted at such rate as may be specified with effect from such date as notified from the invoice of the contractor.

11.3 Firm Contract Price 11.3.1 The Contract Price for the total scope of works of the tender shall be firm, not subject

to any escalation except in the event of a change in the scope of work or specification or as otherwise provided in the Contract. However, scope of work in pursuance of Sub- Clause 7.1, hereof, shall not be taken as change in the scope of work or specification.

11.4 Adjustment of Price for Weights and Physical Quantities of Work 11.4.1 The Contract is for Turnkey Completion of Scope of Facilities as specified in the

Clause 7 hereof & Technical Specifications. The physical quantities and weights as given in the contract/ billing schedule, are indicative only for the purpose of making progress payments on prorata basis as per Clause 2.3 of Appendix-3 of Contract Agreement. Neither the Contractor shall be entitled to get any additional price from the Owner nor the Owner is entitled to deduct any amount from the Contract Price due to variation in physical quantities and weights.

11.5 Billing and Despatch Schedule

11.5.1 The Contractor within 15 (fifteen) days of the Effective Date of the Contract shall submit detailed Billing Schedules (breakup of the Price Schedule contained in the Appendix-1) and release of progress payments in accordance to Appendix-3, which will be scrutinised and approved by the Owner. The detailed Billing Schedules shall be based on Time Schedule included in Appendix-2 (Time Schedule) to the Contract Agreement and PERT network as per Sub-Clause 18.1.1 hereof, for respective progress payment terms in accordance with Clause 2.3 of Appendix-3.

11.5.2 Within 15(fifteen) days from the Effective Date of Contract, a detailed shipping schedule matching to billing schedule & time schedule, shall be submitted by the Contractor, indicating the break-up of the complete Plant & Equipment with approximate weights and dimensions and the respective dates upon which such units will be dispatched from the Contractor’s and / or its Sub-Contractor’s works. The Contractor shall arrange for supplies of the Plant & Equipment in the logical sequence required for erection at site within the overall Time for Completion of the Facilities unless otherwise agreed to by the Owner. The Contractor shall promptly give written notice to the Owner of any anticipated delay in maintaining such schedule stating reasons and remedial measures, thereof. This shall not, however, in any way absolve the Contractor from his responsibility of timely delivery of plant & equipment as per Contractual time schedule.

12. Terms of Payment 12.1 General




12.1.1 No advance will be provided to the Contractor, unless specified in ITT/ BDS and the payments will be linked with the progress.

12.1.2 All payments shall be made as specified in Appendix-3 (Terms of Payment), directly by the Owner to the Contractor unless otherwise provided in the Contract or agreed between the Parties.

12.1.3 If as per provisions of Contract any payment is made directly by the Owner to the Sub-Contractors, such payments shall constitute a proper discharge of Owner’s obligations for such payments to the Contractor.

12.1.4 The Contractor shall furnish the detailed Billing Schedule as per Sub-Clause 11.7.1 hereof, for each item under the scope of work of the Contract, for the approval of Owner, which after the approval only, will be the basis for submission of invoices for progress payments.

12.1.5 The Owner shall release the payment to the Contractor within thirty (30) days from the date of receipt of the complete and correct invoices & relevant documents.

12.1.6 All interim / progress payments shall be regarded as payments by way of advance

against the final payment only and not as payment for work completed and shall not preclude defective / imperfect / incomplete Facilities to be removed. It will not be considered as an admission by the Owner of the due performance of the Contract, or any part thereof by the Contractor nor shall it preclude, determine or affect in any way the powers of the Owner under these conditions or in any way vary or affect the Contract.

13. Securities

13.1 Issuance of Securities (Bank Guarantees)

13.1.1 The Contractor shall provide the Securities in the form of Bank Guarantees specified below in favour of the Owner at the times, and in the amount, manner and form specified below.

13.1.2 The Bank Guarantee shall be in the form provided in the Annexure I to II hereof or in another form acceptable to the Owner as mutually agreed prior to contract finalization with the successful bidder.

13.1.3 The Bank Guarantee shall be issued and be payable/operable by Scheduled Commercial Bank in India or nationalized bank in India at the place where designated Plant is located or any other location acceptable to the Owner.

13.1.4 In case the project gets delayed then the BG shall be extended by the contractor for such delayed period. However, if the delay is

due to reasons not attributable to Contractor, the BG extension charges shall be reimbursed by the Owner.

13.2 Performance Bank Guarantee

13.2.1 The Contractor shall, within 30 (thirty) days from the effective date of contract, provide a Bank Guarantee (as per Annexure-I hereof) for the due performance of the Contract in amount equivalent to 10% of the Contract Price (including taxes and duties as




included in the Price Schedules). This should be valid up to defect Liability period plus three months.

13.2.1.1 If the Contractor fails to provide the Performance Bank Guarantee, the Owner shall have the right to take risk purchase action including forfeiting the bid security, and get the Facilities executed by any other party at the risk and cost of the Contractor, after expiry of the notice for terminating the Contract for such default by the Contractor. Forfeiture of bid Security is liable to GST at applicable rate.

13.2.1.2 In the event of delay in issuance of Final Acceptance Certificate (FAC) for reasons attributable to the Owner for more than 6 (Six) Months after issue of Commissioning Certificate, the Contractor shall receive payment towards Final Acceptance Certificate (FAC) against Bank Guarantee of equal value valid for 12 months

13.3 Bank Guarantee for release of payments towards Commissioning

13.3.1 The Contractor shall provide Bank Guarantee (as per Annexure-II hereof) to the Owner for an amount equivalent to the payment under Sub-Clause 25.4 hereof, valid for a period of 12 months.

13.3.2 The Bank Guarantee shall be returned to the Contractor as soon as Commissioning Certificate has been issued, at the latest, however, on the expiry of 12 months from the date of release of payment against Bank Guarantee.

13.4 Bank Guarantee for release of payments towards Final Acceptance Certificate 13.4.1 The Contractor shall provide Bank Guarantee (as per Annexure-II hereof) to the

Owner for an amount equivalent to the payment under Clause 28 hereof, valid for a period of 12 months.

13. 5 Claims under Security (Bank Guarantee)

If the Owner considers itself entitled to any claim under any Bank Guarantee, it shall so notify the Contractor, specifying the default of the Contractor upon which it bases its claim, and it shall require the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen days of receipt of such notice, then the Owner shall be entitled to call Security. The actual expenditure incurred by the Contractor for extension of BG/Additional Insurance Premium shall be reimbursed to the Contractor in case delay in completion of project is not attributable to the Contractor.

14. Taxes and Duties 14.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and

pay all taxes, duties, levies, cess and charges applicable on the Contractor, its Sub-Contractors or their employees by Municipal, State or Central Government Authorities. However, subject to stipulations of the Contract, the payment of duties, taxes, levies, etc., will be reimbursed (on actual) against documentary evidence to be produced by the Contractor, subject to a ceiling indicated in price schedule(s) of the Contract. In no case the reimbursement towards duties and taxes, etc., shall exceed the amount indicated in price schedule(s) of the Contract towards duties, taxes, levies, etc. except




on account of statutory variation in Taxes & Duties and / or imposition of new taxes and duties till the validity of contract without LD.

14.2 Input Tax Credit 14.2.1 The Contractor shall submit proper GST invoice and any other document as required

by the Employer to avail the GST Input Tax credit. In case, the Contractor fails to submit the required document for availing the GST Input tax credit by the Employer in respect of supplies, the amount of Goods and Service tax on such supplies may be recovered by the Employer from the Contractor unless the Contractor furnishes proper justification.

Contractor is responsible for uploading his outward supplies data with GSTN as per applicable statutory norms and any demand of interest/ penalty for failure of the contractor to upload the invoice details.

14.2.2 E-way bills / Transit passes / Road Permits, if required for materials etc., bought into the project site is to be arranged by the Contractor only. The Employer will issue e-waybills as required for dispatch of materials to the Contractor on request who is not registered under GST Act. Advance intimation in this regard is to be given by the Contractor to the Employer.

The Contractor shall comply with the requirement of relevant Goods and Service Tax Act and rules made thereunder regarding utilization of the E-waybills and submission of the counter foils to the employer. In case of failure to do so, the Contractor will be responsible for all consequential actions and penalties, if any.

14.3 Variations in Taxes & Duties 14.3.1 For taxes and duties which are eligible for Input Tax Credit, the adjustment in the

Contract Price towards variations in taxes, imposition of new taxes or abrogation of existing taxes shall be applicable, provided the Employer can get the Input Tax Credit benefit of the additional duties.

For other taxes & duties, the variations in the taxes, enactment of new taxes or abrogation of existing taxes, which takes place within the scheduled Contractual delivery / execution period shall be applicable. Whereas the variations in the taxes, enactment of new taxes or abrogation of existing taxes, which takes place during the extended period shall be applicable only if the reasons for delay is attributable to employer.

However, Base Date for statutory Variation & imposition of new taxes and duties shall be the date seven (7) days before last date of submission of price bid.

14.3.2 GST for which input credit is available, the adjustment in the Contract Price towards variations in GST, imposition of new taxes under GST or abrogation of existing taxes under GST shall be applicable.

Other taxes & duties, for which input credit is not available, the variations in the taxes& duties, enactment of new taxes or abrogation of existing taxes, which takes place within the scheduled Contractual delivery / execution period shall be applicable.




Whereas the variations in the taxes, enactment of new taxes or abrogation of existing taxes, which takes place during the extended period shall be applicable only if the reasons for delay is attributable to employer. However, Base Date for statutory Variation & imposition of new taxes and duties shall be the date seven (7) days before last date of submission of price bid.

14.3.3 The adjustment in the Contract Price towards variation in the taxes shall be made by

the Employer on production of the documentary evidences by the Contractor. 14.3.4 The Contract Price shall be adjusted towards variations in taxes in respect of only

finished equipment supplied by the Contractor to the Employer. No adjustment in the Contract price shall be made for variations in the taxes on raw-materials, parts, component / intermediate components, assemblies / sub-assemblies, etc.

14.4 Goods and Services Tax

14.4.1 Goods and Services Tax shall be applicable as per prevalent rules.

Invoices for all Taxable Input Services shall be made to “KIOCL” indicating SAC/HSN code for availing Input Tax credit of Goods and Service Tax under relevant Rules and shall be furnished by the Contractor to the Employer for availing Input Tax credit of Goods and Service Tax.

The Invoice for the supply of services shall separately indicate the Goods and Service Tax claimed by the Contractor along with their relevant Goods and Service Tax (SAC/HSN code) Identification Number obtained by the Contractor.

14.4.2 The Contractor shall submit all other Documents required by the Employer to avail the Input Tax credit of Goods and Service Tax. In case, the Contractor fails to submit the required document for availing the Input Tax credit of Goods and Service Tax by the Employer in respect of Input Services, the same may be recovered by the Employer from the Contractor unless the Contractor furnishes proper justification.

14.4.3 TDS and reverse change on GST as applicable will be imposed on the contractor. 14.5 Income Tax

Any Income Tax which Employer may be required to deduct by law or statute, shall be deducted at the source under Income Tax Act on account of the Contractor. Employer shall provide the Contractor a certificate for such deduction of Tax. The Contractor shall indicate their Permanent Account Number with the relevant Income Tax Authority to Employer.

D. CONFIDENTIAL INFORMATION 15. Copyright 15.1 The copyrights in all drawings, documents and other materials containing data and

information including drawings/ordering specifications / catalogues for fast wearing parts furnished by the Contractor to the Owner shall remain vested in the Contractor; however, the Owner shall have the right to use all such drawings, documents and other material, data and information for execution of the Contract and operation and maintenance of the Facilities being subject of the Contract.




The technical information, drawings, specifications and other related documents forming part of tender or contract are the property of OWNER and shall not be used for any other purposes, except for execution of the contract. All rights, including rights in the event of grant of patent and registration of designs are reserved. The technical information drawings, specification, records and other documents shall not be copied transcribed, traced or reproduced in any other form or otherwise in whole and/or duplicated, modified, divulged and/or disclosed to a third party nor misused in any other form whatsoever without OWNER consent in writing except to the extent required for the execution of this Contract.

These technical information, drawings, specifications and other related documents shall be returned to OWNER with all approved copies and duplicates, if any, immediately after they have been used for the agreed purpose. Required numbering and codification method need to be implemented by the CONTRACTOR to trace such documentation.

16. Confidential Information

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

16.2 The Owner shall not use such documents, data and other information received from

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

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

a) now or hereafter enters the public domain through no fault of that party.

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

c) otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

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

16.5 The provisions of this clause (Clause 16 hereof) shall survive termination, for whatever reason, of the Contract.

E. WORK EXECUTION




17. Representatives

17.1 Engineer/ Engineer In Charge

17.1.1 If the Engineer is not named in the Contract, then within fourteen (14) days of the Effective Date, the Owner shall notify the Contractor in writing the name of the Engineer. The Owner may from time to time appoint some other person as the Engineer in place of the person previously so appointed. The Engineer shall represent and act for the Owner at all times during the currency of the Contract. All notices, instructions, orders, certificates, approvals and all other communications under the Contract shall be given by the Engineer, except as herein otherwise provided.

17.2 Contractor’s Representative

17.2.1 If the Contractor’s Representative is not named in the Contract, then within fourteen (14) days of the Effective Date, the Contractor shall appoint the Contractor’s Representative with the consent of Owner.

17.2.2 The Contractor shall not revoke the appointment of the Contractor’s Representative without the Owner’s prior written consent.

17.2.3 The Contractor’s Representative shall represent and act for the Contractor at all times during the currency of the Contract and shall give to the Engineer all the Contractor’s notices, instructions, information and all other communications under the Contract. All notices, instructions, information and all other communications given by the Owner or the Engineer to the Contractor under the Contract shall be given to the Contractor’s Representative or, in its absence, its deputy, except as herein otherwise provided.

All notices, instructions, information and other communications given by the Contractor to the Owner under the Contract shall be given to the Engineer, except as herein otherwise provided.

17.2.4 The Owner may by notice to the Contractor object to any representative or person employed by the Contractor in the execution of the Contract who, in the reasonable opinion of the Owner, may behave inappropriately, may be incompetent or negligent, or may commit a serious breach of the Site regulations provided under Sub-Clause 22.3 hereof. The Contractor on receipt of such notice, shall remove such person from the Facilities. If any representative or person employed by the Contractor is removed in accordance with Sub-Clause 17.2.4 hereof, the Contractor shall promptly appoint a replacement.

17.3 Co-operation with Other Contractors

17.3.1 The Contractor shall, upon written request from the Engineer, provide all relevant technical information to the other Contractors employed by the Owner on or near the Site for any associated Plant & Equipment to enable the Owner to obtain the efficient & economical design of the associated Plant & Equipment.

If required by the Contractor, the other contractors of the Owner will enter into a confidentiality agreement to ensure the technical information is not unlawfully disclosed.

17.3.2 The Contractor shall, upon written request from the Engineer, give all reasonable opportunities for carrying out the work to any other Contractors employed by the Owner on or near the Site and shall co-ordinate with the other Contractors for any interface activity under its Scope of Facilities.




17.3.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent possible, interference with the work of other Contractors. The Engineer shall determine the resolution of any difference or conflict that may arise between the Contractor & other Contractors in regard to their work in consultation with Contractors.

18. Work Program

18.1 Program of Performance

18.1.1 Within the time frame as per Contract Technical Specification. Contractor shall prepare and submit to the Engineer the Master PERT Network (Hard & soft) for the performance of the Contract, showing the sequence in which it proposes to design, manufacture, transport, assemble, install and pre-commission the Facilities, as well as the date by which the Contractor reasonably requires that the Owner shall have fulfilled its obligations under the Contract as per Clause 10 hereof, so as to enable the Contractor to execute the Contract in accordance with the programme and to achieve Acceptance of the Facilities in accordance with the Contract.

18.1.2 The Master PERT Network so submitted by the Contractor shall accord with the Time Schedule included in Appendix-2 (Time Schedule) to the Contract Agreement and any other dates and periods specified in the Contract.

18.1.3 The Engineer shall approve the Master PERT Network after scrutiny and discussions with the Contractor within two (2) weeks of submission of Master PERT Network. The Contractor shall submit finalised Master PERT Network in number of copies as required by the Owner.

18.1.4 Based on the finalised Master PERT Network as per Clause 18.1.3 hereof, the Contractor shall submit L-1 & L-2 Network for each unit of the Facilities progressively as per the Time frame as per Contract Technical Specification. These Networks shall be approved by the Engineer within three (3) weeks of the submission.

18.1.5 The Contractor shall update and revise the finalised Master PERT Network as and when appropriate or when required by the Engineer, but without modification in the Times for Completion given in the Clause 1.1 of Appendix-2 and any extension granted in accordance with Clause 42 hereof, and shall submit all such revisions to the Engineer.

18.1.6 The Contractor shall intimate the Owner / Engineer, in writing well in advance, about the requirement of shut down of any of the existing Units / facilities for inter-connection / incorporation of additional units / facilities. The shutdown period shall be mutually discussed and finalised. The work to be undertaken round the clock during the shutdown period shall be planned meticulously by the Contractor to reduce the shutdown period to the minimum.

18.2 Progress Report

18.2.1 The Contractor shall monitor progress of all the activities specified Program of Performance hereof, and submit to the Engineer a progress report along with Computerised Network Analysis Report every month.

18.2.2 The progress report shall be in a form acceptable to the Engineer and shall indicate: (a) percentage completion achieved compared with the planned percentage completion for each activity; and (b) where any activity is behind the program, giving comments and likely consequences and stating the corrective action being taken.

18.2.3 Progress Review Meeting




Owner shall arrange progress review meeting periodically (not exceeding 3 months) to monitor the progress of the work. It will be mandatory on the part of the contractor to attend such meetings.

18.3 Progress of Performance

18.3.1 If at any time the Contractor’s actual progress falls behind the Program of Performance hereof, or it becomes apparent that it will so fall behind, the Contractor shall, at the request of the Engineer, prepare and submit to the Engineer a revised program, taking into account the prevailing circumstances, and shall notify the Engineer of the steps being taken to expedite progress so as to attain Completion of the Facilities within the Time for Completion under Sub-Clause 8.1 (Time for Completion) hereof, any extension thereof entitled under Sub-Clause 41.1 (Extension of Time for Completion) hereof, or any extended period as may otherwise be agreed upon between the Owner and the Contractor.

18.4 Work Procedures

18.4.1 The Contract shall be executed in accordance with the Contract Documents including Appendices to the Contract Agreement and Annexure hereof.

18.4.2 The Contractor may execute the Contract in accordance with its own standard project execution plans and procedures to the extent that they do not conflict with provisions contained in the Contract.

18.5 Manpower Requirement for Operation & Maintenance of Facilities

18.5.1 The Contractor shall submit to the Owner within a reasonable period but not later than Two (2) months from the Effective Date of the Contract, the recommended manpower requirement category wise and unit wise for the regular operation of the Facilities. The manpower requirement shall include the requirement for the maintenance of the Facilities. The Contractor shall also submit job specifications for each category of personnel particularly in the critical positions to enable the Owner to deploy / recruit such personnel.

18.6 Training

18.6.1 The Contractor shall identify the key positions and number of persons both in maintenance and operations department to be trained for efficient running of the plant. It will be the responsibility of the Contractor to provide onsite, on job training during erection, testing and commissioning in accordance with the terms of tender.

18.6.2 The Contractor shall supply five (5) copies of Training Manuals, Instructions and other connected literature to the Owner in English Language. In addition, each trainee shall be provided the necessary manuals, literatures etc.

19. Sub-Contracting 19.1 List of Approved Vendors forming a part of the Contract Agreement, specifies major

items of supply or services and indicates name of approved Vendors against each item. Insofar as no Vendor is listed against any such item, the Contractor shall prepare a list of Vendors for such item for inclusion in approved list given in the Contract Agreement.

Any change/ addition in the vendor list shall require prior approval of the Owner.




The contractor may engage sub-contractors with the prior approval of Owner / Engineer-In-Charge as per stipulated procedures of the Owner.

Such approval, by the Owner for any of the Sub-Contractors / Vendors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

19.2 On the request of the Contractor, the Owner/Engineer-In-Charge may make direct payment in respect of equipment supply / work to the Sub-Contractor / Vendor on certification by the Contractor.

20. Design and Engineering 20.1 Specifications and Drawings 20.1.1 The Contractor shall execute the basic and detailed design and the engineering work

in compliance with the provisions of the Contract, or where not so specified, in accordance with good engineering practice.

20.1.1.1 The Contractor shall be responsible for any discrepancies, errors or omissions in the

specifications, drawings and other technical documents that it has prepared, whether such specifications, drawings and other documents have been approved by the Engineer / Consultant or not, provided that such discrepancies, errors or omissions are not because of inaccurate information furnished in writing to the Contractor by or on behalf of the Owner.

20.2 Codes and Standards

Wherever references are made in the Contract to codes and standards in accordance with which the Contract shall be executed, the edition or the revised version of such codes and standards current at the date of bid submission shall apply unless otherwise specified. During Contract execution, any changes in such codes and standards shall be applied after approval by the Engineer / Consultant & shall be treated in accordance with Clause 40 hereof.

20.3 Approval / Review of Technical Documents by Engineer / Consultant 20.3.1 The Contractor shall prepare (or cause its Subcontractors to prepare) and furnish to

the Engineer / Consultant the drawings / documents listed at Sub-Clause 2.2 of Appendix-2 to the Contract Agreement for approval or review as specified and in accordance with the requirements of Sub-Clause 18.1 (Program of Performance) hereof. (However, this shall be read in conjunction with Contract Technical Specification)

20.3.2 Any part of the Facilities covered by or related to the drawings / documents to be

approved by the Engineer / Consultant shall be executed only after the Engineer / Consultant’s approval thereof.

20.3.3 Sub-Clauses 20.3.5 through 20.3.9 hereof, shall apply to those drawings/ documents

requiring the Engineer / Consultant’s approval, but not to those furnished to the Engineer/ Consultant for its reference only.

20.3.4 To enable the Owner to accord approval and to review documents the Contractor shall submit back-up data/ drawings/ basic calculations/ assumptions as may be required




by the Owner/ Consultant, and the same shall be as specified in Contract Technical Specifications.

20.3.5 Within fourteen (14) days after receipt by the Engineer/ Consultant of any drawings/ document requiring the Engineer / Consultant’s approval in accordance with Sub-Clause 20.3.1 to 20.3.3 hereof, the Engineer / Consultant shall either return one copy thereof to the Contractor with its approval endorsed thereon or shall notify the Contractor in writing of its disapproval thereof and the reasons therefor and the modifications that the Engineer/ Consultant proposes.

20.3.6 The Engineer / Consultant shall not disapprove any document, except on the grounds that the document does not comply with some specified provision of the Contract or that it is contrary to good engineering practice.

20.3.7 If the Engineer/ Consultant disapproves the drawing/ document, the Contractor shall modify the drawing / document and resubmit it for the Engineer/ Consultant’s approval in accordance with Sub-Clause 20.3.5 hereof. The Engineer/Consultant will not give any new comment on the revised drawing, wherein all comments have been incorporated by the Contractor in the revised drawing. If the Engineer/ Consultant approves the drawing / document subject to modification(s), the Contractor shall make the required modification(s), whereupon the document shall be deemed to have been approved.

20.3.8 The Engineer / Consultant’s approval, with or without modification of the document furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the Contract.

20.3.9 The Contractor shall not depart from any approved drawing / document unless the Contractor has first submitted to the Engineer / Consultant an amended drawing / document and obtained the Engineer / Consultant’s approval thereof, pursuant to the provisions of this Sub-Clause 20.3 hereof.

20.4 Construction Power

20.4.1 The Owner will supply, 415V, 3-Phase four wire AC power in bulk at one point within 200 meters of battery limit, for construction & erection free of charge. The Contractor shall make its own arrangements to lay and maintain necessary distribution lines and wiring at its own cost. This shall be read in conjunction with contract technical specification. In case MESCOM has a failure/ problem in grid then alternate power supply shall be arranged by the contractor.

20.4.2 The Contractor shall ensure that the electrical equipment supplied by the Contractor will be such that the aggregate power factor does not fall below 0.9 at the Owner’s terminal point and provide safety Tripping devises like. ELCB/RCCB from his panels.

20.4.3 The electrical installations for construction power shall conform to Indian Electricity Rules.

20.4.4 The Contractor will employ Electricians having valid Electrical Licence for carrying out the installations as well as for maintenance.

20.4.5 The Contractor shall be responsible for all damages, losses, etc., if it is due to the Contractors negligence, improper installation, operation and/ or maintenance of Contractors part of installations.

20.5 Construction Water




20.5.1 Construction & Drinking water shall be supplied free of cost by the Owner to the Contractor at a single point within a distance of 300 m from the battery limit. The Contractor shall make its own arrangements to lay and maintain necessary distribution lines, valves, etc., from this point at its own cost.

20.5.2 The Contractor shall be responsible to store water in sufficient quantities to meet its requirements and ensure that there is no wastage of water. Quantum of supply will depend on availability and no claim for shortfall shall be allowed by the Owner.

21. Procurement 21.1 Plant & Equipment 21.1.1 The contractor shall procure and supply plant & equipment as described in the

Technical Specifications and Drawings/documents. The Contractor shall not carry out fabrication work at Owner’s site without necessary prior approval from the Owner.

21.2 Packing 21.2.1 The Contractor shall include and provide for securely protecting and packing the

materials so as to avoid loss or damage during handling & transport by air, sea, rail and road.

21.2.2 All packing cases, packing and other similar materials shall be new and supplied free

by the Contractor and same will not be returned. 21.2.3 Notwithstanding anything stated in this clause, the Contractor shall be entirely

responsible for loss, damage or depreciation or deterioration to the materials & supplies due to faulty and / or insecure packing.

21.3 Transportation

The Contractor shall be entitled to select any safe mode of transport operated by any person to carry the Plant & Equipment, Spares, Tools & Tackles, First fill of Lubricants, etc.

21.3.1 Transportation by Wagons

21.3.1.1 In case of despatch of consignment in Railway wagons, the Contractor shall ensure that the following is observed by the Contractor and their Sub-contractors :

i) Identify, place necessary indents on the Railways and obtain at the appropriate time the correct type of wagons required, keeping in view the consignments to be despatched.

ii) In case of over dimensioned (O.D.) consignments, the Contractor shall obtain the sanction for movement of the O.D. Consignment from the Railways.

iii) Non-availability of special wagon or handling the consignments shall not be an excuse for payment of demurrage and if so shall be to the Contractor’s account.

iv) Care being taken to avoid all possible chances of damages during transit and to ensure that all packages are firmly secured.

21.3.1.2. The RR / Challans duly endorsed by the Engineer or Authorised representative of the Employer, will be handed over to the Contractor for taking delivery of consignments from Railway unloading the same from wagons and subsequent




handling, transportation and storage at site after submission of custody-cum-indemnity bond in the form provided in the Bidding Document or in another form acceptable to the Employer. The demurrage charges, if any, will be payable by the Contractor.

21.3.1.3 The consignee for rail despatches shall be clearly marked as Designated place as given in SCC/ Contract Agreement.

21.3.2 Transportation by Road

21.3.2.1 In case of the consignments despatched by road, the Contractor shall ensure that the following is observed by the Contractor and the Sub-contractors:

i Identify and obtain the correct type of trucks / trailers, keeping in view the nature of consignments to be despatched.

ii Care being taken to avoid all possible chances of damages during transit to ensure that all packages are firmly secured.

iii All consignments despatched by road shall be on “Door Delivery” and freight paid basis.

21.3.2.2 The RR / Challans duly endorsed by the Engineer or Authorised representative of the Employer, will be handed over to the Contractor for taking delivery of consignments from Trucks, unloading the same from Trucks and subsequent handling, transportation & storage at site after submission of Custody-cum-Indemnity Bond in the form provided in the Bidding Document or in another form acceptable to the Employer. The demurrage charges, if any, will be payable by the Contractor.t

21.3.2.3 The consignee for road despatches shall be clearly marked as Designated place as given in SCC/ Contract Agreement.

21.3.3 Despatch Documents for Transportation of Plant & Equipment by Wagon & Road

21.3.3.1 The Contractor shall arrange to despatch the following documents to the Employer at the address given in the SCC.

a) Four (4) photo copies of the clean rail / lorry receipt.

b) Four (4) copies of Contractor’s signed invoice.

c) Four (4) copies of Challan and Packing List.

d) Four (4) copies of Inspection Certificate/ Despatch Clearance Certificate issued by the Engineer / Employer’s Authorised Representative

e) Four (4) copies of manufacturer’s test certificate. f) Joint verification Report (JVR) by Contractor, consultant and Owner’s

Authorized Representative during receipt of material at contractors store.

21.4 The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities for transportation of the Plant and Equipment. The Employer shall use its best endeavors in a timely and expeditious manner to assist the Contractor in obtaining such approvals, if requested by the Contractor. The Contractor shall indemnify and hold harmless the Employer from and against any claim for damage to roads, bridges or any other traffic facilities that may be caused by the transport of the Plant and Equipment to the Site.




22. Installation 22.1 Setting out 22.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out

of the Facilities periodically in relation to bench marks, reference marks, check lines and levels provided to it in writing by or on behalf of the Owner.

22.1.2 The equipment will be taken from suppliers stores to erection site, after the protocol

signed by representative of Owner, contractor and consultant. 22.1.3 Contractor’s Supervision: The Contractor shall give or provide all necessary

superintendence during the installation of the Facilities, and the Contractor’s Representative(s) shall be constantly on the Site to provide full-time superintendence of the installation. The Contractor shall provide and employ only technical personnel who are skilled and experienced in their respective discipline and supervisory staff who are competent to adequately supervise the work at hand.

22.2 Labour 22.2.1 The Contractor shall provide and employ on the Site in the installation of the Facilities

such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution of the Contract.

22.2.2 The Contractor shall at all times during the progress of the Contract use its best

endeavours to prevent any unlawful, riotous or disorderly conduct or behaviour by or amongst its employees & labour and labour of its Sub-Contractors / Vendors.

22.2.3 Labour Rules 22.2.3.1In respect of all labour directly or indirectly employed on the works by the Contractor,

the Contractor shall comply with and implement all the Provisions of the Contract Labour (Regulation and Abolition) Act 1970, or any amendment thereof, and all legislations and Rules of the State and / or Central Government or other local authority formed from time to time governing the protection of health, sanitary arrangements, wages, welfare and safety of labour employed on the works and the Contractor shall be deemed to the Principal Owner for this purpose. The rules and other statutory obligations with regard to fair wages, welfare and safety measures, maintenance of register, etc., will be deemed to be part of the Contract. The Contractor will get itself registered with the concerned statutory authorities as provided in the Act and shall be directly responsible of the authorities thereunder for compliance with the provisions thereof.

22.2.3.2 Reporting of Accidents

The Contractor shall be responsible for the safety of its own and its Sub-Contractors’ workmen and employees. All accidents at site are to be immediately reported to the required authorities.

The Contractor shall be responsible for all such accidents attributable to their own

employees, subcontractors and workmen.




22.2.3.3Preservation of Peace

The Contractor shall take requisite precautions and use its best endeavor to prevent riotous or unlawful behaviours by, or amongst his workmen and / or others employed on the works, by the Contractor its Sub-Contractors and for the preservation of peace and protection of the inhabitants and security of the property in the neighbourhood of the works / site.

22.2.3.4Use of Intoxicants

The use or sale of ardent spirits or other intoxicating beverages, upon the works or in any of the building, boarding houses, encampments or other tenements owned, occupied by or within the control of the Contractor or any of its employees or its Sub-Contractor is strictly forbidden and the Contractor shall secure strict compliance.

22.2.3.5Observance by Sub-Contractors

The Contractor shall also be responsible for the compliance of all the rules & regulations by his Sub-Contractor(s)

22.2.4 Contract Labour Rules

22.2.4.1The Contractor will get himself registered with the concerned statutory authorities as provided in the Act and shall be directly responsible to the authorities for compliance with the provisions thereof and KIOCL shall have no relation of Owner and Employee for contractual worker / labour.

22.2.4.2The Contractor shall also maintain all records/register/return/cards such as:

(a) Register of workmen employed by Contractor (b) Employment Card (c) Muster Roll (d) Register of wages-cum-muster roll (e) Submission of Return

22.2.5 Compliance with Statutory Laws and Other Regulations of Govt. / Local

Authority

All statutory / labour rules of Govt./local authorities as applicable at, Plant site shall be strictly followed by Contractor. Contractor shall indemnify Owner against any such implication.

The following Acts with latest amendment thereof shall be complied with by the Contractor: a) Employee Provident Fund & Misc. Provision Act, 1952. b) Contract Labour Act (Regulation and Abolition Act, 1970 c) Minimum Wages Act, 1948 d) Payment of Wages Act, 1936 e) Employee Compensation Act. f) Factories Act, 1948 g) Apprenticeship Act, 1961 h) Family Pension Act, 1952 i) ESI Act j) Shops & Establishments Act k) Cess Act,1996 l) Any other statutory Act relevant to in this regard




22.3 Contractor’s Equipment

22.3.1 The Contractor shall mobilise all construction equipment, tools, tackles & consumables to ensure timely completion of work and quality of workmanship. On request, the Owner may provide the Contractor any special handling / construction equipment needed in the interest of work subject to availability and on payment of hire charges and other conditions of Owner.

22.4 Site Regulations and Safety

22.4.1 The Contractor shall comply with the Site regulations, during the execution of the Contract at the Site, as given under the Chapter “Safety in Contract Works” (IPSS in Steel Industry).

22.4.2 The employees /labour of the Contractor / Sub-Contractor and Plant & Equipment brought to Site shall be subject to gate pass to be issued by Security Department or the respective Department.

22.4.2.1Preparation of gate pass normally takes around 10 days time. The Contractor / Sub-Contractor shall plan their programme in advance accordingly.

22.4.2.2Owner shall have the right to refuse the gate pass to any workers/representatives without assigning any reason. The contractor shall ensure that gate pass issued to their workers/ representatives/ Sub-contractors are not misused. All representatives/ workers of the Contractors/ Sub-Contractors shall possess admit pass.

22.5 Erection 22.5.1 The Contractor shall provide all temporary ladders, scaffolding materials, platforms,

supports and other necessary facilities required for handling, erection, testing and visual inspection of supplies at the point of installation and shall also provide necessary packing plates, wedges, shims, levelling screws etc., required for erection of equipment.

22.5.2 The Contractor shall return to the Owner all crates, packing cases and packing

materials and all returnable supplies at a place and manner designated by the Owner within 10 Km from the battery limit.

22.5.3 The Contractor shall provide erection consumables like oxygen and acetylene gas,

welding rods, solder lugs, oil, grease, kerosene, cotton waste, etc., required for erection of plant equipment.

22.5.4 The Contractor shall construct and maintain its own site offices and stores as required

for the work and arrange for maintaining in neat manner of the area placed at the Contractor’s disposal. The temporary allotment of land for the purpose of site office, stores and temporary works for execution of Contract, shall be on the following terms

22.5.4.1 Land will be allotted free of charge for the purpose of site office & stores

22.5.4.2 The allotment shall remain valid till the period of Contract and shall automatically cease after expiry of the Defect Liability period of the Contract. The validity shall also automatically cease on termination of Contract due to any reason whatsoever.

22.5.4.3 On completion of the work and expiry of the Defect Liability period, the Contractor shall remove all structures built by the Contractor and restore the land to its original condition.




22.5.5 The Contractor shall provide sufficient fencing, notice boards and lights to protect and warn others as may be considered necessary by the Owner / Consultant.

22.5.6 All guarantees and test certificates obtained by the Contractor during the execution of work shall be transferred to the Owner before issue of Preliminary Acceptance Certificate.

22.5.7 The plant & equipment will be erected by contractors as per the instructions of equipment suppliers and the contractor shall use to the maximum extent, pre-assembly and mechanization in order to fulfill the erection and construction targets.

22.5.8 The Contractor shall be responsible for protection and / or diversion of underground and all existing overground services, wherever required and / or diversion of the underground services which are indicated in the drawing made available to the Contractor. In case there are underground services which need to be protected and / or diverted but are not shown in the drawing, the Contractor shall be responsible to execute the same at extra price, if any, to be mutually agreed between Contractor & Owner.

22.6 Emergency Work

If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the Contractor shall immediately carry out such work. If the Contractor is unable or unwilling to do such work immediately, the Owner may do or cause such work to be done as the Owner may determine that it is necessary in order to prevent damage to the Facilities.

In such event the Owner shall, as soon as practicable after the occurrence of any such emergency, notify the Contractor in writing of such emergency, the work done and the reasons therefor. If the work done or caused to be done by the Owner is work that the Contractor was liable to do at its own expense under the Contract, the reasonable costs incurred by the Owner in connection therewith shall be paid by the Contractor to the Owner. Otherwise, the cost of such remedial work shall be borne by the Owner.

22.7 Site Clearance 22.7.1 In the course of carrying out the Contract, the Contractor shall keep the Site reasonably

free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract.

22.7.2 After Completion of all parts of the Facilities, the Contractor shall clear away and remove all wreckage, rubbish, debris and surplus material of any kind from the Site, and shall leave the Site and Facilities clean and safe.

22.8 Lighting, Fencing and Watching

The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching when and where necessary within battery limit for the proper execution and the protection of the Facilities and for the safety of the public.




22.9 Work at Night and on Holidays

As and when the Engineer considers it necessary to carry out work on extended hours / three shift basis or on Public Holidays so as to meet the Time for Completion and request the Contractor to carry out work on extended hours / three shifts or on Public Holidays, the Contractor shall carry out the work accordingly to meet the Time of Completion.

23. Test and Inspection 23.1 After finalisation of Billing schedule, the equipment/ items to be inspected shall be

identified jointly by Shop, Project and Consultant. Inspection of all such items shall be carried out at manufacturers’ sites as per approved QAP. For rest of the equipment / items, despatch clearance shall be issued by the “Engineer” after receipt of test guarantee certificates/internal inspection report from the Contractor or its sub-contractors/ manufacturer.

23.1.1 The Contractor shall at its own expense carry out at the place of manufacture and / or on the Site all such tests and / or inspections of the Plant and Equipment and any part of the Facilities as are specified in the Contract or as per approved QAP.

23.2 The Engineer or his designated representative(s) shall be entitled to attend the

aforesaid test and / or inspection, provided that the Owner shall bear costs and expenses incurred in connection with such attendance including, but not limited to, all travelling and board and lodging expenses.

23.3 Whenever the Contractor is ready to carry out any such test and / or inspection, the

Contractor shall give a fourteen (14) days advance notice of such test and / or inspection and of the place and time thereof to the Engineer alongwith relevant test certificates. The Contractor shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Engineer or his designated representative(s) to attend the test and / or inspection.

23.4 The Contractor shall provide the Engineer with a certified report of the results of any

such test and / or inspection.

If the Engineer or his designated representative(s) fails to attend the test and / or inspection within 14 days, or if it is agreed between the parties that such persons shall not do so, then the Contractor may proceed with the test and / or inspection in the absence of such persons, and will provide the Engineer with a certified report of the results thereof, based on which the Owner will issue the dispatch clearance.

23.5 If any Plant and Equipment or any part of the Facilities fails to pass any test and / or

inspection, the Contractor shall either rectify or replace such Plant and Equipment or part of the Facilities and shall repeat the test and / or inspection upon giving a notice under Sub-Clause 23.3 hereof.

23.6 The Contractor shall afford the Engineer, at the Owner’s expense, access at any

reasonable time to any place where the Plant and Equipment are being manufactured or the Facilities are being installed to inspect the progress and the manner of manufacture or installation, provided that the Engineer shall give the Contractor a reasonable prior notice.




23.7 No equipment/material shall be dispatched without inspection as per approved quality assurance plan (QAP) unless waived/ dispatch clearance issued by the Owner. Inspection may be carried out by Owner’s authorized representative/third party agency (to be appointed by Owner).

Inspection certificates/despatch clearance so issued shall form the part of valid documents for claiming progress payments by the Contractor.

23.8 The execution of a test and / or inspection of Plant and Equipment or any part of the Facilities, or the attendance by the Owner or the Engineer, or the issue of any test certificate or waiver certificate pursuant to Sub-Clause 23.4 hereof, shall not relieve the Contractor from any of its responsibilities under the Contract.

24. Preliminary Acceptance 24.1 On completion of erection of the Facilities by the Contractor, trial runs for individual

equipment / units shall be conducted by the Contractor to prove that the Facilities have been supplied and erected as per Contract and after erection, Facilities are fit for start up and commissioning.

Trial runs shall be so designed to conduct the systematic check of the components and of the functional operation thereof. Trial runs shall comprise idle, no-load and part-load trial runs, as applicable.

Trial runs shall be conducted by the Contractor under its sole responsibility and employing its own personnel. The Owner’s supervisory personnel and skilled operating personnel shall, however, witness the trial runs.

On successful completion of trial runs and liquidation of the defects and / or deficiencies, indicated / listed by the Owner to the Contractor during trial runs (except minor defects and / or deficiencies which in the opinion of the Owner will not affect the operation, safety & commissioning of the Facilities), the Contractor shall so notify the Owner in writing for conducting integrated trial runs.

24.2 On receipt of the notice from the Contractor for conducting integrated trial runs, the

Owner, if required, shall deploy the necessary operating personnel, and provide raw materials, utilities & services as per Clause 10 hereof.

24.3 As mutually agreed between the Contractor and the Owner after the operating

personnel have been deployed by the Owner and raw materials, utilities & services have been provided by the Owner in accordance with Sub-Clause 24.2 hereof, the Contractor shall conduct Pre-Commissioning including integrated trial runs of the Facilities, in preparation for Commissioning.

24.3.1 In case of Facilities involving operation at high temperature, trial runs on individual equipment / units and integrated trial runs shall be conducted in cold condition.

24.4 As soon as all works in respect of integrated Pre-Commissioning are completed and

the Facilities are ready for Commissioning, the Contractor shall so notify the Engineer in writing.

This Clause shall be read in conjunction with Contract Technical Specifications




24.5 The Engineer shall, within seven (7) days after receipt of the Contractor’s notice either issue a Preliminary Acceptance Certificate (PAC) stating that the Facilities are fit for start-up and commissioning, as at the date of the Contractor’s notice or notify the Contractor in writing of any defects and / or deficiencies.

If the Engineer notifies the Contractor of any defects and / or deficiencies, the Contractor shall then correct such defects and / or deficiencies, and shall repeat the procedure described in Sub-Clause 24.4 hereof.

If the Engineer is satisfied that the defects and / or deficiencies, indicated / listed by the Owner to the Contractor have been liquidated and the Facilities are fit for start-up and commissioning, the Engineer shall, within seven (7) days after receipt of the Contractor’s notice, issue a Preliminary Acceptance Certificate stating that the Facilities are fit for start-up and commissioning, as at the date of the Contractor’s repeated notice.

If the Engineer is not so satisfied, then the Owner shall notify the Contractor in writing of any defects and / or deficiencies within seven (7) days after receipt of the Contractor’s repeated notice, and the above procedure shall be repeated.

Pending minor defects/ deficiencies, which will not affect start up and Commissioning, PAC will be issued by the Owner.

24.6 As soon as possible, after issue of Preliminary Acceptance Certificate, the Contractor shall complete outstanding defects and / or deficiencies, if any, so that the Facilities are fully in accordance with the requirements of the Contract, failing which the Owner will subject to SCC Clause 24.5, undertake such completion and deduct the costs thereof from any money owing to the Contractor.

25. Commissioning 25.1 After the issue of Preliminary Acceptance Certificates, the Contractor shall start-up and

commission the Facilities in accordance with provisions and terms of Contract Technical specification.

The Owner shall provide the operating and maintenance personnel and all raw materials, utilities & services required for commissioning. The contractor shall supply the commissioning spares and oil, grease, lubricants & chemical etc. required for commissioning as per Clause 7.2.2 & 7.2.4 hereof.

25.2 The Contractor shall conduct commissioning test as specified in Contract Technical

Specifications and wherever applicable establish sixty six percent (66)% of the guaranteed production capacity for a continuous period of 72 hours.

25.3 The Commissioning Certificate shall be issued by the Owner subject to the following:

a) Commissioning test as per sub-clause 25.2 has been successfully completed and the quality of materials produced and other parameters related to commissioning are as per Contract Technical Specifications.

b) The Contractor to the satisfaction of the Owner, has met all the objections / observations, if any, contained in the Preliminary Acceptance Certificate.




c) Upon fulfillment of above condition, the Contractor will apply to the Owner to issue the Commissioning Certificate. Within 7 days of receipt of Contractor’s application, Owner will issue the Commissioning Certificate.

25.4 In the event of delay in conducting the commissioning test for reasons attributable to

the Owner for more than 60 (sixty) days after issue of PAC, the Contractor shall receive payment towards commissioning against Bank Guarantee of equal value valid for 12 months.

In case of delay beyond six months for conducting the commissioning test for reasons attributable to the Owner, the conducting of commissioning test and Contractor’s subsequent balance obligations and commercial implication thereto, if any, shall be mutually finalized between the parties.

26. Taking Over

26.1 Taking over of the Plant will be carried out from the date of Commissioning mentioned in the Commissioning Certificate. .After the taking over, the Owner shall provide consumables and shall be responsible for the care & custody of the Facilities together with the risk of loss or damage thereto.

26.2 The Owner shall have the right to take possession or use any completed or partially

completed work. Such possession or use shall not be deemed to be an acceptance of any work done not in accordance with the Contract. However, any damage to such work solely due to such provision or use shall be to the Owner’s account.

However, priority will be given to the Contractor for conducting Commissioning over commercial production in order to adhere to the contractual Time for Completion.

27. Final Acceptance 27.1 Final Acceptance shall occur in respect of the Facilities when:

a) the Commissioning have been successfully completed or the amount of Liquidated Damages along with applicable GST, if recoverable, has been recovered by the Owner from the Contractor.

b) The Contractor has submitted all final drawings & documents for the respective

Facilities in accordance with the provisions of this Contract as given in Appendix-2.

c) the Contractor has fulfilled all the obligations under the Contract.

27.2 At any time after the events set out in Sub-Clause 27.1 hereof, have occurred, the

Contractor may give a notice to the Engineer requesting for the issue of Final Acceptance Certificate (FAC) in respect of the Facilities specified in such notice as at the date of such notice.

27.3 The Engineer shall, within seven (7) days after receipt of the Contractor’s notice, issue

a Final Acceptance Certificate. 27.4 Payment for Final Acceptance may be released against BG of equal value valid upto

defect liability period as per SCC Clause 30, after fulfilment of clause-27.1 a & b.




F. GUARANTEES AND LIABILITIES 28. Completion Time Guarantee 28.1 The Contractor guarantees that it shall attain “Completion of the Facilities” as defined

in Clause 1, within the Time for Completion as specified in the Article-5 of the Contract Agreement or within such extended time to which the Contractor shall be entitled under Clause 41 hereof.

28.2 Liquidated Damages due to Delay in “Completion of the Facilities”

28.2.1 If the Contractor fails to attain “Completion of the Facilities” as defined in Clause 1 hereof, within the Time for Completion or any extension thereof under Clause 41 hereof, due to reasons attributable to the Contractor, the Owner shall recover the amount of Liquidated Damages, but not by way of penalty, by making deductions from the Contractor’s account at the rate of 0.25% of the Contract Price plus escalation, if any, excluding taxes & duties per complete week of delay up to a maximum of 10% of the Contract Price plus escalation, if any, excluding taxes & duties.

Liquidated damages in the form of Encashment of Bank Guarantee or any other way recovered from the contractor is liable to GST at the applicable rate. Contractor shall pay GST in addition to the LD charged as per this clause.

28.2.2 However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under the Contract.

28.3 Any recovery of Liquidated damages along with applicable GST shall be effected from the amount payable to the Contractor.

28.4 Incentive for Early Completion

If the Contractor attains Completion of the Facilities before the stipulated date of Completion Time or any extended date of completion Time (Due to fault of Employer), the Employer shall pay to the Contractor a bonus at the rate of @ 0.25% (Zero point two five percent) of the Contract Price, excluding taxes and duties for each week of such early completion subject to a maximum of 10% (ten percent) of the awarded contract value, excluding taxes and duties. The amount of bonus, if payable, shall be paid along with the final bill after completion of total work.

29. Defect Liability 29.1 The Contractor shall warrant that the Facilities or any part thereof shall be free from

defects in the design, engineering, materials and workmanship of the Plant and Equipment supplied and of the work executed.

Defect liability shall not apply to normal wear and tear. Plant will be operated and maintained as per Operation and Maintenance manuals provided by the Contractor.

29.2 The Defect Liability Period shall be twelve (12) months from the date of commissioning

mentioned in the Commissioning Certificate or eighteen (18) months from the date of Preliminary Acceptance Certificate (PAC), whichever is earlier, provided the delay in commissioning after PAC is not due to reasons attributable to the Contractor.




If during the Defect Liability Period any defect be found in the design, engineering, materials and workmanship or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Owner and at its cost, repair, replace or otherwise make good such defect as well as any damage to the Facilities caused by such defect. The Contractor may, with the consent of the Owner and after submission of Bank Guarantee for the equivalent cost of Plant & Equipment, remove from the Site any Plant and Equipment or any part of the Facilities that are defective if the nature of the defect, and / or any damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the Site. However, in case value of such items is less than 20% of the respective performance bank guarantee, no additional bank guarantee is required to be submitted and the material can be taken out against indemnity bond. In case of defective parts not repairable at Site but become essential in the mean time for the commercial use of the plant, the Contractor shall replace at Site free of cost to the Owner, the defective parts, before the defective parts are removed from the Site.

29.3 If the repair, replacement or making good is of such a character that it may affect the

efficiency of the Facilities or any part thereof, the Owner may give to the Contractor a notice requiring that tests of the defective part of the Facilities shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests.

If such part fails the tests, the Contractor shall carry out further repair, replacement or making good (as the case may be) until that part of the Facilities passes such tests. The tests shall be agreed upon by the Owner and the Contractor. If the Contractor does not commence the rectification either by repair or replacement of such defects within 30 (thirty) days from the date of notice by the Owner or does not complete the rectification with reasonable diligence and within a reasonable time, the Owner may, at its option, rectify the defects at the Contractor’s expense. The Owner shall, in such case, deduct from payment due to the Contractor the expenses incurred by the Owner for remedy of such defects without prejudice to the other rights of the Owner under the Contract.

29.4 If the Facilities or any part thereof cannot be used by reason of such defect and / or

making good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the Owner because of any of the aforesaid reasons.

29.5 In addition, the Contractor shall also provide an extended warranty for any such

replaced or repaired component of the Facilities for the period of minimum 12 months but not more than 36 months cumulatively or as it may be stipulated in Contract Technical Specifications. Such obligation shall be in addition to the defect liability specified under Clause 29 hereof.




30. Patent Indemnity 30.1 The Contractor shall, subject to the Employer’s compliance with Sub-Clause 30.2

hereof, indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing by reason of the installation of the Facilities by the Contractor.

Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, plant or materials not supplied by the Contractor, pursuant to the Contract Agreement.

30.2 If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in Sub-Clause 30.1 hereof, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may at its own expense and in the Employer’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf at the risk & cost of the Contractor. The Employer shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all expenses incurred in so doing.

30.3 The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided by the Employer.

31. Limitation of Liability 31.1 Except in case of criminal negligence or wilful misconduct,

a) The Contractor shall not be liable to the Owner, whether in Contract, tort, or

otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs and




b) The aggregate liability of the Contractor to the Owner, whether under the Contract, in tort or otherwise including the cost of repairing or replacing defective equipment, shall not exceed the 100% (Hundred percent) of the Contract Price plus escalation, if applicable as per contract, provided that this limitation shall not apply to any obligation of the Contractor to indemnify the Owner with respect to copyright, patent infringement, workman compensation etc.

G. RISK DISTRIBUTION 32. Transfer of Ownership 32.1 The title of ownership and property for Plant & Equipment, spares, tools & tackles, first

fill of lubricants, etc. shall pass on to the Owner after the Contractors have effected the despatch of same to the Owner or the Contractors have effected the sale, in course of transit, as per GST Act/Rules and the Contractors have prepared necessary documentation for handing over the same to Owner’s authorised representative.

32.2 The property of Plant & Equipment, spares, tools & tackles, first fill of lubricants, etc.

issued to the Contractors under Bailee Agreement / Bond is vested with the Owner all the time till erection and commissioning as per the terms and conditions of the Contract.

32.3 Notwithstanding the transfer of ownership of the Plant and Equipment, the

responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor pursuant to Clause33 (Care of Facilities) hereof, until Commissioning of the Facilities in which such Plant & Equipment are incorporated.

33. Care of Facilities 33.1 The Contractor shall be responsible for the care and custody of the Facilities or any

part thereof until the date of commissioning and shall make good at its own cost any loss or damage that may occur to the Facilities or the relevant part thereof from any cause whatsoever during such period. The Contractor shall also be responsible for any loss or damage to the Facilities caused by the Contractor or its Sub-Contractors in the course of any work carried out, pursuant to Clause 29 (Defect Liability) hereof. Notwithstanding the foregoing, the Contractor shall not be liable for any loss or damage to the Facilities or that part thereof caused by reason of any of the matters specified or referred to in paragraphs (a) & (b) of Sub-Clause 33.2 & Sub-Clause 39.1 hereof.

33.2 If any loss or damage occurs to the Facilities or any part thereof by reason of :

a) any use or occupation by the Owner or any third party (other than a Sub-Contractor) authorised by the Owner.

b) any use of or reliance upon any design, data or specification provided by or on behalf of the Owner, or any such matter for which the Contractor has disclaimed responsibility herein,

the Owner shall pay to the Contractor all sums payable in respect of the Facilities executed, notwithstanding that the same be lost, destroyed or damaged. If the Owner requests the Contractor in writing to make good any loss or damage to the Facilities thereby occasioned, the Contractor shall make good the same at the cost




of the Owner in accordance with Clause 40 (Change in the Facilities). The Owner shall either request a change in accordance with Clause 40 (Change in the Facilities) hereof, excluding the performance of that part of the Facilities thereby lost, destroyed or damaged, or, where the loss or damage affects a substantial part of the Facilities, the Owner shall terminate the Contract pursuant to Sub-Clause 43.1 (Termination for Owner’s Convenience) hereof, except that the Contractor shall have no entitlement to profit in respect of any unexecuted Facilities as at the date of termination.

33.3 With respect to any loss or damage caused to the Facilities or any part thereof by

reason of any of the matters specified in Sub-Clause 39.1 hereof, the provisions of Sub-Clause 39.3 hereof, shall apply.

34. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification 34.1 Subject to Sub-Clause 34.2 hereof, the Contractor shall indemnify and hold harmless

the Owner and its employees from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees and expenses, in respect of the death or injury of any person or loss of or damage to any property (other than the Facilities whether accepted or not), arising in connection with the supply and installation of the Facilities and by reason of the negligence of the Contractor or its Subcontractors, or their employees, or agents, except any injury, death or property damage caused by the negligence of the Owner, its employees, or agents.

34.2 If any proceedings are brought or any claim is made against the Owner that might

subject the Contractor to liability under Sub-Clause 34.1 hereof, the Owner shall promptly give the Contractor a notice thereof and the Contractor may at its own expense and in the Owner’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

If the Contractor fails to notify the Owner within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Owner shall be free to conduct the same on its own behalf at the risk of the Contractor.

The Owner shall, at the Contractor’s request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all expenses incurred in so doing.

35. Insurance 35.1 The Contractor shall take out a composite and comprehensive Marine-cum-Erection

Insurance Policy or separate insurance policies for transit and storage-cum-erection with an Insurance Regulatory and Development Authority (IRDA) registered Insurance Company(s). The policy shall cover total erected value of the Facilities (115% for the contracts with completion period upto 18 months or 125% for the contracts with completion period above 18 months, of Contract price excluding the design & engineering and supervision services price, training) and all risks specifically inclusive of the following.

35.1.1 All Risk Insurance: The policy shall cover all risks and escalations, and revisions.




35.1.2 Cargo Insurance: For supplies, the policy shall insure the goods originating from the Contractor’s / Supplier’s warehouse to Plant’s warehouse and up to completion of erection and commissioning. This will be inclusive of supplies to and from warehouse / factory of intermediate processors / suppliers. This policy will also cover the replacement items, if any.

35.1.3 Third Party Liability Insurance: The policy shall cover third party liability. The third party liability shall cover the loss / disablement of human life (persons not belonging to the Contractor) and also cover the risk of damages to others’ materials / equipment / properties during construction, erection and commissioning at site. The value of third party liability for compensation for loss of human life or partial / full disablement shall be of required statutory value but not less than Rs. 2 lakh per death, Rs. 1.5 lakh per full disablement and Rs. 1 lakh per partial disablement and shall nevertheless cover such compensation as may be awarded by a Court of Law in India or abroad and cover for damage to others’ equipment / property.

35.1.4 Automobile Liability Insurance: Covering use of vehicles / mobile equipment used by the Contractor or its Sub-Contractors (whether or not owned by them) in connection with the execution of the Contract.

35.1.5 Contractor shall ensure that where applicable, its Sub-Contractor(s) shall take out and maintain in effect adequate insurance policies for their personnel and vehicles and for work executed by them under the Contract, unless such Sub-Contractors are covered by the policies taken out by the Contractor.

35.1.6 The Owner shall be the principal holder of the policy along with the Contractor. Sub-Contractors of the Contractor shall not be holders or beneficiaries in the policy nor shall they be named in the policy. Owner reserves the exclusive right to assign the policy.

35.1.7 While the payment of premium may be phased in agreement with the insurance company, at no time shall goods and services required to be provided by the Contractor shall remain uninsured.

35.1.8 A copy of the Insurance policy shall be made available to the Owner before start of site activities or first despatch, whichever is earlier and policy shall be kept alive and valid at all times up to date of commissioning.

35.1.9 The Owner reserves the right to take out whatever policy that is deemed necessary by him if the Contractor fails to keep the said policy alive and valid at all times and / or causes lapses in payment of premium thereby jeopardising the said policy. The cost of such policy(s) shall be recovered / deducted from the amount payable to the Contractor.

35.1.10 In cases where the erection, modification etc., are to be carried out in the existing shop of the Owner the ‘surrounding value’ shall be intimated by the Owner to the Contractor, who shall ensure that this value is included in the policy.

35.1.11 Marine & Transit Insurance policies shall also cover:

Institute Cargo Clause ‘A’ Institute War Clauses Institute Strikes Clauses Ware House to Ware House

35.1.12 In case project gets delayed due to reasons not attributable to Contractor, the actual expenditure incurred by Contractor for additional Insurance Premium towards extension of insurance policies shall be reimbursed by the Owner.




35.2 Upon arrival of plant and Equipment / materials at site the Contractor shall assume custody thereof and remain responsible thereafter for safe custody until the whole plant is successfully commissioned.

35.3 In order to adequately cover the works under such composite and comprehensive

insurance, the Contractor shall fulfill the necessary requirements / obligations. 35.4 The Contractor shall arrange Accident Insurance Policy for all his personnel including

Personnel deputed to site and Contractor’s / his sub-contractors’ manufacturing works as well as for his engineers & supervisory staff. The Contractor shall also take out for his workmen a separate policy as per Workmen’s Compensation Act.

35.5 All the insurance claims shall be processed by the Contractor and the items which are

missing / damaged in transit or during handling, storage, erection and commissioning, shall be replaced / repaired by them without any extra cost to the Owner.

35.6 The Owner at its discretion may arrange for the insurance cover at its own expense.

In such an event, the amount quoted towards ‘Comprehensive/ Transit, Storage cum erection insurance’ in ‘Summary Price Schedule’, shall not be payable to the contractor. However, processing of all the insurance claims shall be the responsibility of the contractor. Also, the Contractor shall perform all the obligations as mentioned in sub-clauses above.

36. Negligence 36.1 If the Contractor does not execute the Facilities in accordance with the time schedule

stipulated in the Appendix-2 of the Contract Agreement and shall neglect to execute the Facilities with due diligence or expedition or shall contravene the provisions of Contract, the Owner may give notice in writing to the Contractor to make good the failure, neglect or contravention complained of within such time as may be deemed reasonable by the Owner and in default of compliance with the said notice, the Owner without prejudice to its rights under Clause 36.2 hereof, may rescind or cancel the Contract holding the Contractor fully liable for the damages that the Owner may sustain.

36.2 Should the Contractor fail to comply with such notice, the Owner shall have at its option

the right to take the affected Facilities wholly or in part out of the Contractor’s hands and may complete the Facilities, as envisaged in the Contract either departmentally or by awarding fresh Contract(s) to execute the same, at the risk and cost of the Contractor.

36.3 In such event the Owner shall be entitled to use all materials, construction equipment,

tools, tackles and other things of the Contractor and the Owner shall also be entitled to retain and apply any sum which may otherwise be then due as per the Contract or any other Contract from the Owner to the Contractor as may be necessary for the payment of the cost of execution of such Facilities as aforesaid.

If the cost of executing the Facilities as aforesaid shall exceed the sum due to the Contractor, the Contractor shall make payment for the same within the specified period.




37. Change in Laws and Regulations 37.1 If, after Effective Date of Contract Agreement, any law, regulation, ordinance, order or

by-law having the force of law is enacted, promulgated, abrogated or changed (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the costs and expenses of the Contractor, the Contract Price and time of completion shall be correspondingly increased or decreased.

38. ARBITRATION / DISPUTES 38.1 THE GCC-1 CLAUSE NO.59 & GCC-2 CLAUSE NO.33 ARE NOT APPLICABLE

FOR THIS TENDER/ CONTRACT. 38.2 The contracts / agreements are to be executed at Mangalore, the courts at Mangalore

will have jurisdiction on any disputes for adjudication arising out the contract/ agreement.

39. War Risks 39.1 “War Risks” shall mean any event beyond the control of the Employer or of the

Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include, without limitation, the following:

a. War, hostilities or warlike operations (whether a state of war be declared or not),

invasion, act of foreign enemy and civil war. b. Rebellion, revolution, insurrection, mutiny, usurpation of civil or military

government, conspiracy, riot, civil commotion and terrorist acts. 39.2 Notwithstanding anything contained in the Contract, the Contractor shall have no

liability whatsoever for or with respect to

a) destruction of or damage to property of the Employer or any third party b) injury or loss of life if such destruction, damage, injury or loss of life is caused by any War Risks, and the Employer shall indemnify and hold the Contractor harmless from and against any and all claims, liabilities, actions, lawsuits, damages, costs, charges or expenses arising in consequence of or in connection with the same.

39.3 If the Facilities or any Plant & Equipment shall sustain destruction or damage by reason of any War Risks, the Employer shall pay the Contractor for

a) any part of the Facilities or the Plant & Equipment so destroyed or damaged

(to the extent not already paid for by the Employer) so far as may be required by the Employer, and as may be necessary for completion of the Facilities.

b) replacing or making good any such destruction or damage to the Facilities or the Plant and Equipment or any part thereof.




If the Employer does not require the Contractor to replace or make good any such destruction or damage to the Facilities, the Employer shall either request a change in accordance with Clause 40 (Change in the Facilities) hereof, excluding the performance of that part of the Facilities thereby destroyed or damaged or, where the loss, destruction or damage affects a substantial part of the Facilities, shall terminate the Contract, pursuant to Sub-Clause 43.1 (Termination for Employer’s Convenience) hereof.

39.4 Notwithstanding anything contained in the Contract, the Employer shall pay the Contractor for any increased costs or incidentals to the execution of the Contract that are in any way attributable to, consequent on, resulting from, or in any way connected with any War Risks, provided that the Contractor shall as soon as practicable notify the Employer in writing of any such increased cost.

39.5 If during the performance of the Contract any War Risks shall occur that financially or

otherwise materially affect the execution of the Contract by the Contractor, the Contractor shall use its reasonable efforts to execute the Contract with due and proper consideration given to the safety of its and its Subcontractors’ personnel engaged in the work on the Facilities, provided, however, that if the execution of the work on the Facilities becomes impossible or is substantially prevented for a period of more than ninety (90) days on account of any War Risks, the parties will develop a mutually satisfactory solution

H. CHANGE IN CONTRACT ELEMENT 40. Change in the Facilities 40.1 The Owner shall have the right to propose/ consider contractor’s proposal, and

subsequently order the Contractor from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Facilities (hereinafter called “Change”), provided that such Change falls within the general scope of the Facilities and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of Change envisaged with the nature of the Facilities as specified in the Contract.

40.2 Notwithstanding Sub-Clauses 40.1 hereof, no change made necessary because of

any default of the Contractor in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion.

40.3 If the Owner proposes/ considers contractor’s proposal for a Change pursuant to Sub-

Clause 40.1 hereof, it shall send to the Contractor a “Request for Change Proposal,” requiring the Contractor to prepare and furnish to the Engineer as soon as reasonably practicable a “Change Proposal,” which shall include the following:

(a) brief description of the Change (b) effect on the Time for Completion (c) estimated cost of the Change (d) effect on Functional Guarantees (if any) (e) effect on any other provisions of the Contract.




40.4 The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract. If such rates and prices are inequitable, the parties thereto shall agree on specific rates for the valuation of the Change.

40.5 Upon receipt of the Change Proposal, the Owner and the Contractor shall mutually agree upon all matters therein contained. Within fourteen (14) days after such agreement, the Owner shall, if it intends to proceed with the Change, issue the Contractor with a Change Order with the approval of competent authority.

40.5.1 If the Owner and the Contractor cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Owner may nevertheless instruct the Contractor to proceed with the Change by issue of a “Pending Agreement Change Order.”

Upon receipt of a Pending Agreement Change Order, the Contractor shall immediately proceed with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal.

If the parties cannot reach agreement within one hundred & twenty (120) days from the date of issue of the Pending Agreement Change Order, then the matter may be referred to as per the provision given in the contract.

40.5.2 If the Owner decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Contractor accordingly.

41. Extension of Time for Completion

41.1 The Time(s) for Completion specified in the Appendix-2 of the Contract Agreement shall be extended if the Contractor has delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following:

a) any Change in the Facilities as provided in Clause 40 (Change in the Facilities) hereof

b) any occurrence of Force Majeure, or other occurrence of any of the matters specified or referred to in paragraphs (a) and (b) of Sub-Clause 33.2 hereof

c) any suspension order given by the Owner under Clause 42 (Suspension) hereof

d) The default by the Owner under Clause 10 hereof, if proved to be cause for delay in completion of the Facilities by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor.

41.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Engineer a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Owner and the Contractor shall agree upon the period of such extension. In the event that the Contractor does not accept the Owner’s estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter as per the provision given in the contract.

41.3 The Contractor shall at all times use its reasonable efforts to minimise any delay in the

performance of its obligations under the Contract.




42. Suspension 42.1 The Owner may, by notice to the Contractor, order the Contractor to suspend

performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the Effective Date of the suspension and the reasons therefor. The Contractor shall thereupon suspend performance of such obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered in writing to resume such performance by the Engineer.

If, by virtue of a suspension order given by the Engineer, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Engineer requiring that the Owner shall, within thirty (30) days of receipt of the notice, order the resumption of such performance.

If the Owner fails to do so within such period, the Contractor may, by a further notice to the Engineer, elect to treat the suspension as termination of the Contract under Sub-Clause 43.1 (Termination for Owner’s Convenience).

42.2 If the Contractor’s performance of its obligations is suspended pursuant to this Clause 42 hereof, then the Time for Completion shall be extended in accordance with Sub-Clause 41.1 hereof, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension shall be paid by the Owner to the Contractor in addition to Contract Price on mutually agreed basis.

42.3 During the period of suspension, the Contractor shall not remove from Site any plant & equipment, any part of the Facilities or any Contractor’s equipment, without the prior written consent of the Owner.

43. Termination 43.1 Termination for Owner’s Convenience 43.1.1 The Owner may at any time terminate the Contract for any reason by giving the

Contractor a notice of termination that refers to Clause 43.1 hereof.

43.1.2 Upon receipt of the notice of termination under Sub-Clause 43.1.1 hereof, the Contractor shall either immediately or upon the date specified in the notice of termination

a) cease all further work, except for such work as the Owner may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

b) terminate all subcontracts, except those to be assigned to the Owner pursuant to paragraph (d) (ii) below.

c) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition




d) In addition, the Contractor, subject to the payment specified in Sub-Clause 43.1.3 hereof, shall

(i) deliver to the Owner the parts of the Facilities executed by the Contractor up to the date of termination

(ii) to the extent legally possible, assign to the Owner all right, title and benefit of the Contractor to the Facilities and to the Plant and Equipment as at the date of termination, and, as may be required by the Owner, in any subcontracts concluded between the Contractor and its Subcontractors

(iii) deliver to the Owner all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

43.1.3 In the event of the termination of the Contract under Sub-Clause 43.1.1 hereof, the Owner shall pay to the Contractor the Price, the properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination. However, no consequential damages shall be payable by the Owner to the Contractor in the event of termination.

43.2 Termination for Contractor’s Default 43.2.1 The Owner, without prejudice to any other rights or remedies it may possess, may

terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefor to the Contractor, referring to this Sub-Clause 43.2 hereof:

a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt.

b) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provision of Clause 44 (Assignment) hereof.

43.2.2 If the Contractor

a) has abandoned or repudiated the Contract

b) has without valid reason failed to commence work on the Facilities promptly or has suspended the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Owner to proceed

c) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause.

d) refuses or is unable to provide sufficient materials, services or labour (adequate resources) to execute and complete the Facilities in the manner specified in the program furnished under Clause 18 (Program of Performance) hereof, at rates of progress that give reasonable assurance to the Owner that the Contractor can attain Completion of the Facilities by the Time for Completion as per Clause 8 hereof then the Owner may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default




and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Owner may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this Sub-Clause 43.2 hereof.

43.2.3 Upon receipt of the notice of termination under Sub-Clauses 43.2.1 or 43.2.2 hereof, the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

a) cease all further work, except for such work as the Owner may specify in the

notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean & safe condition

b) terminate all subcontracts, except those to be assigned to the Owner pursuant to paragraph (d) below

c) deliver to the Owner the parts of the Facilities executed by the Contractor up to the date of termination

d) to the extent legally possible, assign to the Owner all right, title and benefit of the Contractor to the Facilities and to the Plant and Equipment as at the date of termination, and, as may be required by the Owner, in any subcontracts concluded between the Contractor and its Subcontractors

e) deliver to the Owner all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

43.2.4 The Owner may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third party at the risk and cost of the Contractor. The Owner may, to the exclusion of any right of the Contractor over the same, take over and use any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the

Owner considers expedient for the supply and installation of the Facilities.

Upon completion of the Facilities or at such earlier date as the Owner thinks appropriate, the Owner shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site.

43.2.5 Subject to Sub-Clause 43.2.6 hereof, the Contractor shall be entitled to be paid the Price attributable to the Part of the Facilities executed as at the date of termination, and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of Sub-Clause 43.2.3 hereof and rent of the Contractor's equipment, if any, used by the Owner pursuant to Clause 43.2.4 hereof. Any sums due to the Owner from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract.

43.2.6 If the Owner completes the Facilities, the cost of completing the Facilities by the Owner shall be determined.




If the sum that the Contractor is entitled to be paid, pursuant to Sub-Clause 43.2.5 hereof, plus the reasonable costs incurred by the Owner in completing the Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess.

If such excess is greater than the sums due to the Contractor under Sub-Clause 43.2.5 hereof, the Contractor shall pay the balance to the Owner, and if such excess is less than the sums due the Contractor under Sub-Clause 43.2.5 hereof, the Owner shall pay the balance to the Contractor.

The Owner and Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid.

43.3 In this Clause 43 hereof, the expression “Facilities executed” shall include all work

executed, Installation Services provided, and all Plant & Equipment, acquired (or subject to a legally binding obligation to purchase) by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination.

43.4 In this Clause 43 hereof, in calculating any money due from the Owner to the Contractor,

account shall be taken of any sum previously paid by the Owner to the Contractor under the Contract, including any advance payment paid pursuant to Clause 12 (Terms of Payment) hereof.

44. Assignment 44.1 The Contractor shall not, without the express prior written consent of the Owner assign

to any third party the Contract or any part thereof, or any right, benefit, obligation or interest therein or there under, except that the Contractor shall be entitled to assign under the Contract.

44.2 Should loan / financial agreement(s) require the Contractor to assign, by way of

charge, any money due or to become due to it, to a bank / credit agency for the benefit of receiving payment by the Contractor under this Contract from such bank / credit agency, or if

Any partial assignment is necessary to be made to any insurer in terms of Insurance Policy approved by the Owner; the Owner may give consent in such cases.

45. Surplus Materials

45.1 For the purpose of removing surplus materials in its original form only, the Contractor shall submit the documents / records evidencing the entry of materials inside the Plant by producing the Gate Entry Permits and RRs or LRs and consumption statements based on approved drawings after allowing for wastages, maximum 8% cutting allowance, and irrecoverable / unaccountable losses (wastages including loss factors being minimum 2% on Steel and reinforcement rods, minimum 5% on cement and minimum 3% on cables, pipes etc.) to establish the surplus quantity of the materials belonging to the Contractor. The Owner shall allow the Contractor to remove such materials from the Owner’s premises after being satisfied regarding the evidence produced for such removal. Such removal may be permitted even before completion of the entire work.




Such removal shall also include Contractor’s own construction materials brought inside the plant premises pursuant to fulfilment of their obligations under SCC Clauses 22.3.1.

45.2 The Owner may, on written request from the Contractor, allow him to take back surplus materials not covered under the contract. However, if Owner has incurred expenses for surplus items towards freight or any other account etc., the same shall be reimbursed by the Contractor in case of taking back of such items.

45.3 Scrap in any form whatsoever shall not be removed from Plant premises and shall be the property of the Owner. No credit will be given for scrap.

46.0 General: The Owner shall allow the Contractor to take out construction equipment, tools & tackles and instruments brought by the Contractor on draw back basis provided the contractor has carried out necessary documentation at the time of taking such items inside the Plant.

46.1 All Contractor’s Equipment brought by the Contractor onto the Site shall be deemed to be intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the Site without the Engineer’s consent that such Contractor’s Equipment is no longer required for the execution of the Contract.

46.2 Contractor shall arrange for necessary Security and Safety of their materials, Plants &

Equipment etc. till the project is taken over by OWNER. No assistance shall be available from the OWNER in this aspect. Other stipulations on safety mentioned in the General Conditions of Contract shall be adhered to.

46.3 KIOCL has taken all statutory clearances required upto construction of the plant.

During construction if any additional clearances are required, it is the responsibility of the Contractor to liason and take approvals suitably.

46.4 Safety Precautions –

In addition to Safety Codes for Contractor given in the document, contractor shall also

note that all safety aspects shall be followed as per factories act of GoI and the practices adopted in the plant.

46.5 The successful tenderer may engage a reputed Sub-contractor for execution of

Electrical works. The tenderer shall submit along with the bid, the details/credentials of sub-contractor whom they wish to engage for execution of Electrical works of Plant Electrics. The experience of the sub-contractor shall be commensurate with the scope of work the Tenderer wishes to entrust the sub-contractor with. The details to be submitted shall include the following:

i. Profile of the Company ii. Reference list of completed works &with the name of client, the value of the

contract, the start and completion dates for works executed within the past 7 years.




iii. The list of works in hand with name of client, the value of the contract, the start and completion dates, Copies of Purchase Order/Work Order/Completion Certificate/Performance Certificate/handing Over Certificate/taking Over Certificate etc. with detailed BOQ.

46.6 The Electrical Sub-contractor for execution of electrical works shall possess valid Supervisory and Electrical Contractors License - Grade A from Electrical Licensing Board for 33kV and above issued by Govt. of Karnataka or any other State.

In the event the Supervisory and Electrical Contractors License from Karnataka state is not available the sub-contractor shall obtain the same prior to commencing of the work.

The sub-contractor shall have experience in execution of electrical works/installations which shall include electrical equipment such as Power transformers of rating 33kV, 10 MVA or higher kV / higher MVA, 415 V distribution transformers of capacity 1 MVA or above, LT/HT switchboards, LT/HT motors, LT / HT Cables, Illumination works etc in the previous 7 years in any process industry viz cement, metals and Mines, oil and gas, infrastructure etc. In the event the Tenderer has not finalised the sub-contractor for electrical works at the time of submission of the bid, they shall submit the above details within 1 month of the order placement for obtaining the approval to engage the Electrical sub-contractor. The Tenderer shall not engage any sub-contractor without the approval of Owner/Consultant.




Annexure-I

FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No...................... Dated............... made between .................... And .................. for ............. (hereinafter referred to as „contract‟) of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs......... (Rupees..........................only).

1. We,.............................. (hereinafter referred as "the Bank") at the request of Supplier,

(s) Contractor (s) do hereby guarantee the payment to the Company an amount not exceeding Rs.............. (Rupees............only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Supplier(s)/ Contractor(s) of any of the terms and conditions contained in the said Contract.

2. We .............. do hereby unconditionally and irrevocably undertake to pay to the

Company an amount to the extent of Rs. .................. (Rupees ............only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Supplier(s) / Contractor(s) of any of the terms and conditions contained in the said Contract or by reason of the Supplier(s)/ Contractor(s) failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs...................... (Rupees.................................................................only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under these presents is absolute and unequivocal and we undertake to pay

to the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or other Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4. We.............................further agree that the guarantee herein contained shall remain

in full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before..........................., we shall be discharged from all liability under this Guarantee thereafter.




5. This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till.........................should it be necessary to extend Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of this Guarantee filing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and /or the Company has or has not terminated the Contract or preferred any claim against the Supplier (s) Contractor(s).

6. We................................. further agree with the Company that the Company shall have

the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions

relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or by

your taking or varying or giving up any securities from the CONTRACTOR(S)/ SUPPLIERS or any other person, firm or Company on its behalf or by the change in the constitution, winding up dissolution, insolvency or death as the case may be of the CONTRACTOR(S)/SUPPLIER(S).

8. In order to give full effect to the Guarantee herein contained you shall be entitled to

act as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/ SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We............................. also undertake not to revoke this Guarantee during its currency

except with previous consent of the Company in writing.

Dated the ............................. day of ................................ 20

For.......................................................................................... (Indicate the name of Bank)




IMPORTANT NOTE The following Points should be taken care of while submitting the Bank Guarantee:-

1. The Bank Guarantee should be on non-judicial stamp paper having a value of Rs.

200/-or as applicable in the State of Karnataka. 2. The stamp paper should be purchased in the name of the Bank, who give the

guarantee and not in the name of the Supplier. 3. The Bank Guarantee should be strictly as per the profoma. 4. The Bank Guarantee should be from any of the Nationalised Bank, Scheduled

Bank or any other bank Acceptable to owner 5. If any correction is made on the guarantee the same should be endorsed by the

Bank with its official seal.




Annexure-II

FORM OF BANK GUARANTEE FOR RELEASE OF PAYMENT AGAINST COMMISSIONING CERTIFICATE/ PERFORMANCE GUARANTEE CERTIFICATE/ FINAL

ACCEPTANCE CERTIFICATE

In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No...................... Dated............... made between .................... And .................. for ............. (hereinafter referred to as, contract‟) of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs......... (Rupees..........................only).





3. Our liability under these presents is absolute and unequivocal and we undertake to pay

to the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or other Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4. We.............................further agree that the guarantee herein contained shall remain

in full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before..........................., we shall be discharged from all liability under this Guarantee thereafter.





6. We................................. further agree with the Company that the Company shall have

the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.



8. In order to give full effect to the Guarantee herein contained you shall be entitled to

act as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/ SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.




9. We............................. also undertake not to revoke this Guarantee during its currency except with previous consent of the Company in writing.

Dated the ............................. day of ................................ 20

For.......................................................................................... (Indicate the name

of Bank) IMPORTANT NOTE

The following Points should be taken care of while submitting the Bank Guarantee:-

1. The Bank Guarantee should be on non-judicial stamp paper having a value of

Rs.200/-or as applicable in the State of Karnataka. 2. The stamp paper should be purchased in the name of the Bank, who give the

guarantee and not in the name of the Supplier. 3. The Bank Guarantee should be strictly as per the profoma. 4. The Bank Guarantee should be from any of the Nationalised Bank, Scheduled

Bank or any other bank Acceptable to owner 5. If any correction is made on the guarantee the same should be endorsed by the

Bank with its official seal.



KIOCL/TS/BFU/PDS/PKG‐10/F‐542/ET‐233 GCC for Works Sheet 1 of 61

GENERAL CONDITIONS OF CONTRACT FOR WORKS (GCC -1)

Article No Page No.1.00 Definitions 3 2.00 Expeditious Completion 6 3.00 Tender 6 4.00 Site Investigations and Sub-Surface Conditions 6 5.00 Standards of Workmanship 7 6.00 Direction and Performance of Work 8 7.00 Survey Lines and Grades 14 8.00 Construction Schedule 14 9.00 Work in Monsoon 15 10.00 Power 15 11.00 Water 16 12.00 Land and House 16 13.00 Quarries and Approach Roads 16 14.00 Communication Lines and Natural Water Sources 17 15.00 Telecommunication Facilities 17 16.00 Permits and Licenses 17 17.00 Levy for Entry into Port Area at Mangalore 18 18.00 Materials 18 19.00 Specifications 19 20.00 Rates 19 21.00 Escalation 21 22.00 Wastages 21 23.00 Supply of Drawings 22 24.00 Site Order Book 22 25.00 Progress Report and Daily Reports 22 26.00 Employment of Engineers 23 27.00 Security 23 28.00 Job Site Regulations and Requirements 23 29.00 Execution of Work during Night Time 23 30.00 Fuel Storage Tanks 23 31.00 Alterations and Omissions Variation = Quantities Extra Works 23 32.00 Extension of Time 24 33.00 Priority of Agreement, other Contract Documents and

Drawings and Construction Documents 24

34.00 Conditions under which work may be caused to be completedby Owner

25

35.00 Use of Completed Portions or Items of Work 26 36.00 Payments 27 37.00 Security Deposit 32 38.00 Period of Maintenance and Maintenance Certificate 33 39.00 Responsibility of Safety 35 40.00 Explosives 36




Article No Page No.41.00 Indemnity 36 42.00 Insurance 37 43.00 Labour Laws 38 44.00 Confidentiality Title of Drawings and Technical Documentation 41 45.00 Co-operation with Other Contractors 42 46.00 Storage 42 47.00 Privileges 43 48.00 Inventions and Patents 43 49.00 Reports & Records 43 50.00 Measurements 44 51.00 Taxes 45 52.00 Audit 45 53.00 Independent Contractor 46 54.00 Assignment 46 55.00 Force Majeure 46 56.00 Termination 47 57.00 Miscellaneous 48 58.00 Governing Laws 50 59.00 Settlement of Disputes 51 60.00 Notices 51 61.00 Amendments 52 62.00 Waiver of Breach 52 63.00 Entire Contract 52 64.00 Form of Bank Guarantee for Advance payment 53 65.00 Form of Bank Guarantee for Security Deposit 56 66.00 Form of Bank Guarantee for Earnest Money deposit 59




1.00 DEFINITIONS

A. As used in the Contract including all documents contained in or referenced by the Invitation to Bid, the following terms shall have the meaning ascribed herein unless the context within which they are used clearly precludes such meaning. Terms and Expressions not herein defined shall have the same meaning as one assigned to them in the Indian Contract Act (Act lR of 1872) and failing that in the General Clauses Act (1897) and subsequent amendments thereof.

1. ACTUAL CONTRACT VALUE means the Final cost of the Work including the cost of

Extra Work(s) or adjustments due to changes in works.

2. APPROVAL of OWNER/ ENGINEER shall mean the written approval by OWNER/

ENGINEER of a document or drawing or other particulars or matters in relation to the Contract.

3. “BID” shall mean the offer tendered by BIDDER to the OWNER to do and perform all

work and other things necessary to complete the work required for the Project / Portion of the Project as described in the Bid document.

4. “BIDDER/ TENDERER” shall mean the party submitting a bid for the work.

5. “BID DOCUMENTS” shall mean a document prepared and issued to the Bidder by

OWNER which will contain, among other things a description of the Work to be performed, schedule of quantities and the time schedule for completion of work.

6. “CLEAR DAYS” shall mean consecutive days without interruption for weekends or

holidays and shall include the day on which the notice/request is received.

7. “CONSTRUCTION E Q U I P M E N T ” s h a l l m e a n a l l m a c h in e r y , p l a n t , appa ra tus , pa r t s , a p p l i a n c e s , instruments, articles and things required for erection, construction and completion of the work required for the Project or any Portion thereof and the operation thereof, including supply of maintenance items, spare parts and consumables etc. required therefore.

8. „CONTRACT‟ shall mean and include the Invitation to Bid, Instruction to

Tenderers, Offer / bid (initial/modified), the General Conditions, the Specifications, Drawings, Special Conditions and Bulletins, if any, and the Letter of Intent /Work Order/ Supply Order/the Agreement entered into by the parties including mutually agreed subsequent amendments/ changes, if any.




9. “CONTRACTOR” shall mean the Bidder whose Bid has been accepted and shall include his/ her/its/their heirs, executors, administrators, legal representatives, successors and assigns.

10. “CONTRACT DRAWINGS” shall mean and include the designs, blue prints or other documents of a similar nature which show or illustrate the character and nature of the work to be performed which are supplied by Owner enclosed with the Bid Document or available with the Owner for inspection by the Bidder or Drawings issued by the Owner during the execution of Contract.

11. “CONTRACT VALUE” shall mean the amounts as stipulated in the Letter of Intent/Work Order / Supply Order/Agreement which amount represent the estimated total cost of the work to be performed by CONTRACTOR under the CONTRACT.

12. “EFFECTIVE DATE OF THIS CONTRACT” shall mean the date of issue of Letter of

Intent/ Supply Order/Work Order unless otherwise specified. 13. “ENGINEER” shall mean person/persons nominated by or authorized by OWNER

among other things to administer the Contract and / or supervise the work under the Contract.

14. “IN PLACE” shall mean the work or any items of Work being fully completed /

installed and completely incorporated as determined by ENGINEER/OWNER whose decision in this regard shall be final, binding and conclusive on the Parties.

15. “LETTER OF INTENT” shall mean the acceptance by the OWNER of the Bid

tendered by CONTRACTOR and the award there under of the work to be performed in accordance with the terms and conditions of CONTRACT.

16. “MONTH” when used for the purpose of calculating a period of time, shall mean the

period from the day of one month to the corresponding day of the next calendar month if such day exists, or, if not, to the last day of the next calendar month.

17. “OWNER” shall mean KIOCL Limited having its Registered Office at Second Block, Koramangala, Bangalore - 560 034, Karnataka, India and include its Lawful successors and assigns.

18. PERIOD OF MAINTENANCE shall mean a period of Twelve continuous months or

any other period, if specifically stipulated in the Special Conditions calculated from the date the whole work, is “IN PLACE” as certified by ENGINEER/OWNER.

19. “PORTION” shall mean that part or parts of the work as identified in the Contract and shall include all aspects of such part or parts as are included in the Contract.




20. “RUPEES” or “Rs” shall mean Rupees, the currency of India. 21. “SITE” shall mean the actual place or places where the work is to be done by the

Contractor and/or services are to be performed under the Contract as notified / indicated by OWNER/ENGINEER.

22. “SPECIFICATIONS” shall mean and include the descriptions/type, quality, standard

of materials and work, general arrangements, statements of technical data, performance and/or documents of a similar nature which are included in the Contract and /or issued or supplied by OWNER relating to the Work.

23. “SUPERVISION” shall mean the direction and control in relation to the

execution of work and instructions given by OWNER/ENGINEER or their authorized representative in relation thereto under the terms of the Contract.

24. “WORK” shall mean and include all works operations / activities to be performed by CONTRACTOR as set out and/or required in the CONTRACT in accordance with the Bills of Quantities, Specifications and Drawings or to be implied there from or incidental thereto or as may be specified during the execution of work or required in such explanatory/additional instructions and drawings as shall, from time to time, during the progress of the work hereby contracted for, be issued by OWNER/ENGINEER.

25. “WRITING” shall mean any information, request, notice, data contained or given in any manuscript, typewritten or printed statement or other document under seal or hand and includes telegrams, telexes, taxes and cables and words “In Writing” shall mean any document duly signed by any person authorized to represent CONTRACTOR and OWNER/ENGINEER.

B. The words “Including” and “Include(s)” as used in this Contract are not to be construed as words of limitation, unless the context otherwise requires or unless a contrary intention otherwise appears in the matter.

C. Words imparting “Persons” shall include firms, companies, corporations and

associations or of individuals, whether incorporated or not. D. Word imparting the singular only shall include plural and vice-versa where the context

so requires. E. Word imparting masculine gender shall also include feminine gender and vice-versa

where the context so requires.




2.00 EXPEDITIOUS COMPLETION

It is understood and agreed by and between CONTRACTOR and OWNER/ENGINEER that time stipulated in the Contract is of the essence of this CONTRACT and accordingly CONTRACTOR shall do and perform his obligations in such a manner as not to hinder, delay or impair timely completion of the works awarded to him or interfere with, delay or impair those Portions or items of work undertaken by other contractors or interfere with, delay or impair the timely completion of the entire Project.

3.00 TENDER

A. CONTRACTOR acknowledges that this Bid contained all the information required in the Invitation to Bid, specifically for CONTRACTOR‟s firm lump sum price or his firm unit price for the work to be performed. CONTRACTOR agrees that the price(s) as awarded include any / all cost components including profits, overhead charges and other costs including but not limited to labour, equipment, materials, insurance, transportation facilities and plant not specified to be furnished by OWNER or others. CONTRACTOR further agrees to do all things necessary to complete such Work in a proper and workman-like manner to the satisfaction of the ENGINEER/OWNER.

B. CONTRACTOR is expected to review and is chargeable with knowledge of the information contained in or referred by BID DOCUMENTS or that available with OWNER and available for examination by the CONTRACTOR.

4.00 SITE CONDITIONS.

A. CONTRACTOR by tender of his Bid, acknowledges that he has obtained / collected available data and satisfied himself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, equipment, availability of labour, water, electric power, roads and uncertainties of weather, rock soil or other physical condition on the Project, the configuration and strata and sub soil conditions, the character and quantity of Equipment, Plant and facilities needed preliminary to and during the execution and maintenance of the Work and all other matters which can in any way affect the work or the cost thereof under this Contract.




B. CONTRACTOR further acknowledges that he has obtained and collected data and satisfied himself as to the character, quantity of any and sub-surface materials including ground water, to be encountered. CONTRACTOR has considered all exploratory work done on the Project by the OWNER and other firms / agencies in relation to the work to be performed by CONTRACTOR as well as information presented by the Specifications, Contract Drawings or other documents relating to the work. Any failure of CONTRACTOR to acquaint himself with all the available information will not relieve him of the responsibility for assessing the difficulty or estimating the cost of successfully performing the work. Representations made but not so expressly stated and for which liability is not expressly assumed by ENGINEER or OWNER in this Contract and any information on or opinions concerning soils and sub- surface conditions or other matters furnished by or for ENGINEER/OWNER or any understanding, opinions or representations made or expressed by any of their officers, employees or agents, during or prior to the execution of this Contract shall be deemed only for the information of CONTRACTOR to be appropriately checked and utilized by the CONTRACTOR in preparation and submission of the bids and CONTRACTOR shall have no claim against ENGINEER or OWNER resulting from such information.

C. Contractor shall be deemed to have acquainted himself with the regional / local

geology. CONTRACTOR shall bear full responsibilities for deductions and conclusions as to the nature or conditions of the rock and other materials to be excavated, the difficulties of making and maintaining the required excavations and of doing other work affected by the geology of the site of works.

D. In addition to the information acquired by himself from the tender documents

supplied by Owner, the Contractor shall be free to conduct any further test to ascertain / obtain /acquaint additional information to take care of site / soil condition at his cost for which the OWNER shall extend facilities to the extent possible.

5.00 STANDARDS OF WORKMANSHIP

A. CONTRACTOR guarantees that all workmanship shall be in accordance with

Contract Specifications / Indian Standard Specifications and shall conform to any applicable laws, codes and/ or regulations and such workmanship shall at all times be satisfactory in all respects to ENGINEER / OWNER. Should ENGINEER/OWNER determine that any work performed by CONTRACTOR fails or is likely to fail to meet the Specifications / Standard of workmanship, ENGINEER / OWNER may direct CONTRACTOR to remove such inferior work and replace such work at Contractor‟s sole expense, failing which the OWNER/ENGINEER may get it replaced / executed at the Contractor‟s risk and cost.




B. The decision of ENGINEER/OWNER in this regard shall be final and binding upon the Parties.

6.00 DIRECTION AND PERFORMANCE OF WORK

A. While CONTRACTOR shall be free to employ his own methods of executing the

Work in accordance with the Specifications, OWNER/ ENGINNER shall have the right to direct, instruct and supervise CONTRACTOR and through him any subcontractors, to provide the maintenance of effective working organizations, to ensure the performance of the Work in the time, sequence and manner as determined by OWNER/ENGINEER, to carry out proper correction and remedy of any and all defects discovered in the work or materials used and to make modifications in construction or the cost of construction in accordance with available construction methods. The decision(s) of OWNER/ ENGINEER in these respects shall be final and binding upon the Parties. Nothing herein shall be interpreted as creating any direct relationship between the OWNER/ ENGINEER and the Sub-Contractor or the OWNER/ ENGINEER and the Employees / labour force of the Contractor / Sub- Contractor.

B. i) CONTRACTOR shall employ a competent Manager for the Works and supervisory

staff who shall be constantly on the works site and shall give their whole time to the execution and supervision of the Work. Such Manager shall have full authority to represent CONTRACTOR in all matters pertaining to this CONTRACT and the performance of the work hereunder and all directions and notice given to him shall be as binding as if given to CONTRACTOR.

ii) CONTRACTOR shall employ on the work only such persons as are careful, skilled

and experienced in their several trades. CONTRACTOR agrees to remove employees/ labour force engaged on the Work covered by this CONTRACT who are found to lack necessary skill, expertise or care by the ENGINEER/ OWNER. CONTRACTOR shall not engage / utilise employees of OWNER, any other Contractor or any subcontractor without obtaining a written release from the party affected. CONTRACTOR shall be solely responsible for employees removed, discharged by him or leaving his employment for any reason whatsoever.

C. CONTRACTOR shall check all materials and labour to be utilised for the Work and

shall keep in convenient form such full and detailed accounts and records as may be necessary for proper financial management under this CONTRACT and the system shall be such as is found satisfactory by the OWNER/ENGINEER. Such records shall include accurate records of all personnel employed, materials brought, material consumed for the Work including the Work executed by the sub-contractor.




D. 1. Materials and Workmanship will be subject to inspection and approval by

ENGINEER / OWNER at all times as considered appropriate. However, such approval / inspection shall not relieve CONTRACTOR of his obligation to perform the Work properly. CONTRACTOR shall co-operate in permitting access for inspection at all places where Work is done, is being done or material is stored and shall provide sufficient, safe and proper facilities at all times for carrying out such inspection of the work by the OWNER/ENGINEER or such personnel / agencies as may be appointed for the purpose.

2. OWNER may appoint an inspection and testing agency whose representative

(hereafter referred to as “INSPECTOR”) will carry out shop, laboratory and/or field inspection. CONTRACTOR shall furnish such INSPECTOR or ENGINEER / OWNER all facilities for carrying out such inspection at his own cost. However, OWNER will bear his own cost in relation to the tests carried out by them or through their Inspector as a part of their quality control checks.

3. All materials and workmanship shall be of the respective kinds described in this

CONTRACT and in accordance with ENGINEER‟s instructions and shall be subjected from time to time to such tests as ENGINEER may direct at the place of manufacture or fabrication or on the work site or at all or any other mutually agreed location. CONTRACTOR shall at his cost, provide such assistance, instruments, machines, labour and materials as are usually required for examining, measuring, any testing of the work and its quality, weight or quantity of any materials used and shall supply samples of materials before incorporation in the Work for testing as may be selected and required by ENGINEER free of cost.

4. Unless otherwise provided, the cost of all tests as stipulated in this Contract shall be borne by CONTRACTOR excepting as brought out in the following sub para 5.

5. If any test(s) are ordered by ENGINEER, which are either.

i. not so intended or provided for in the CONTRACT or become necessary due to lack of clear-cut results obtained from the tests carried out by the Contractor as per its quality control programme.

OR ii. though so intended or provided for, is ordered by ENGINEER to be carried out by

an independent agency at any place and if the test results establish that the material/ workmanship conform to the Contract Specifications.

In all cases, the decision of the Engineer in this regard shall be final, binding and conclusive on the Parties.




E. Prior to the completion of the work by CONTRACTOR and the acceptance thereof by ENGINEER/ OWNER, the work shall remain under the custody and care of and at the risk of CONTRACTOR and CONTRACTOR shall be responsible for all loss and damage to the Work and equipment in the CONTRACTOR‟s care and custody and shall repair, renew and make good at his own expense, all such loss and damage however caused including theft, pilferage etc.

F. CONTRACTOR shall repair, restore and replace at his own cost any other work or any

personal property (including, but not limited to, tools and equipment) belonging to OWNER, which CONTRACTOR or his sub-contractors or suppliers or their respective employees or invitees, may damage or destroy while on the Project.

G. CONTRACTOR shall co-operate with ENGINEER/OWNER for ensuring the

performance of the Work and in the preparation of all documents and reports necessary and advisable for such purposes.

H. CONTRACTOR shall co-ordinate the work of his sub-contractors and his material

suppliers and in scheduling of materials so that the construction and completion of the work will progress smoothly, expeditiously and economically.

I. All materials and workmanship supplied by CONTRACTOR shall conform to the

CONTRACT including any Specifications, Drawings or other documents and shall be so delivered, stored and handled by CONTRACTOR as to prevent any loss, damage, adultration, deterioration or avoidable wastage.

J. 1. CONTRACTOR shall, at any time during progress of the work or within the Period

of maintenance upon written notice from ENGINEER/OWNER to do so, proceed to remove from the site all materials and structures determined by ENGINEER/OWNER to be defective, deficient or otherwise unsatisfactory, whether assembled or not and dismantle all parts of the work which shall stand rejected as unsound, improper, unsatisfactory or which in any way fail to conform to the requirements of this Contract and replace all such work, materials and/or structures at his cost in time periods stipulated by the OWNER/ENGINEER.

2. The cost and risk of such removal and replacement shall be borne solely by

CONTRACTOR. If CONTRACTOR does not remove and replace such rejected / condemned work, materials and structures with in a reasonable time as specified in OWNER/ ENGINEERS‟s written notice, OWNER may remove or have the same removed and replace the same and charge the cost thereof to CONTRACTOR, who will continue to bear the risk thereof.




3. Furthermore, if any applicable law, ordinance, statute or regulation creates a more extended liability for faulty materials, structures or workmanship, then the provisions of such law ordinance, statute or regulation shall apply to the Contractor/Sub-contractor in the same manner and the same extent, as applicable to the OWNER, as a part of contractor‟s obligations under the Contract.

K. All equipment operated by CONTRACTOR for the work shall be of such type, standard & quality and shall be operated, inspected, serviced, maintained and equipped with spares in such a manner, as to ensure effective and smooth operation with a minimum of down time acceptable to ENGINEER / OWNER whose decision in this regard shall be final and binding upon and conclusive on the Parties. If any piece of Equipment fails to meet the aforesaid requirement, CONTRACTOR shall at his sole expense and using his own resources replace it with appropriate equipment. The Contractor shall have no claim whatsoever for any additional compensation owing to this replacement.

L. Any work not specifically mentioned but that may reasonably be inferred from the Specifications, Contract Drawings or other documents as being required to produce the intended result shall be performed and completed by the CONTRACTOR without raising any claim or demanding any additional renumeration.

M. If by reason of any emergency, accident or failure or other event occurring in or in connection with the work or any part thereof either during the execution of the work or during the period of maintenance, any remedial or other item of work or repair, shall in the opinion of ENGINEER/ OWNER, be urgently necessary for ensuring security and stability of the work and CONTRACTOR is unable or unwilling at once to do such work or repair, ENGINEER / OWNER may have such work or repair executed by others as ENGINEERS/OWNER considers necessary. If the work or repair so done in work which, in the opinion of ENGINEER, CONTRACTOR was liable to at his own expense under this CONTRACT all costs and charges incurred in so doing shall on demand be paid by CONTRACTOR to OWNER or may be deducted by OWNER from any moneys payable to CONTRACTOR, provided that ENGINEER/OWNER shall soon after the occurrence of any such emergency as may be reasonably practicable notify CONTRACTOR thereof in writing.

N. 1. OWNER / ENGINEER or any person authorised by him shall, at all times, have

access to the work and to the location of any work to and all workshop and places where any part of work is being carried out and Contractor shall afford every facility and every assistance to the OWNER/ENGINEER or any person authorised by them in obtaining the right to such access.




2. No items of work shall be covered up or put out of view without a notice to and the prior approval of ENGINEER and CONTRACTOR shall afford full opportunity for ENGINEER to examine and measure any item of work which is about to be covered up or put out of view such as examination of the foundations before other permanent item(s) of work are placed thereon. CONTRACTOR shall give due notice to ENGINEER whenever any such item(s) of work such as foundation is/are ready or about to be ready for examination by ENGINEER.

3. If no such notice is given or prior approval obtained, CONTRACTOR shall, at

his cost, uncover any part or parts of the Work or make openings in or through the same as ENGINEER may, from time to time, direct for ENGINEER‟s examination or check and later on reinstate and make good such part or parts to the satisfaction of ENGINEER.

If any such part or parts have been covered up or put out of view after compliance with the requirements set forth above and are found by the ENGINEER to be executed in accordance with this CONTRACT, the expenses of uncovering, making openings in or through reinstating and making good the same shall be reimbursed by OWNER. If, however, the Contractor did not notify the Engineer or obtain Engineer‟s prior approval and / or the work is not in conformity with the Contract provision, the cost of opening up and reinstating shall be borne by the Contractor.

O. 1. If the Contract provides for the use of any special description of materials to

be supplied from OWNER‟s store or if it is required that CONTRACTOR is required to use certain stores to be provided by OWNER (such materials and stores and the prices to be charged thereof as hereinafter mentioned being so far as practicable for the convenience to CONTRACTOR but not so has in any way to control the meaning or effect of this CONTRACT), CONTRACTOR shall be supplied with such materials and stores as required from time to time to be used by him for the purpose of this CONTRACT only (this being calculated from Specification, Contract drawings etc). The value of the full quantity of materials and stores so supplied shall be charged by the OWNER at the rates specified in the schedule of items and shall be to CONTRACTOR‟s account. All materials supplied to CONTRACTOR shall continue to remain the absolute property of OWNER and shall not on any account be removed from the location of the Work and shall at all times be opened to inspection by ENGINEER. Any such materials unused and in perfectly good condition at the time of the completion or termination of this CONTRACT shall be returned to OWNER‟s store by a notice in writing but CONTRACTOR shall not be entitled to return any such material except with such consent and shall have no claim for compensation on account of any such material so supplied to him as aforesaid,




being left with him or for any wastage in or damage to any such materials. In cases under the CONTRACT, such materials and stores are to be supplied to CONTRACTOR free of charges, all unused and waste materials shall be returned to OWNER by CONTRACTOR at CONTRACTOR‟s own cost and CONTRACTOR shall be responsible to account fully for such materials and stores.

2. All materials (eg. stone and other materials) obtained in the work of

dismantling, excavation etc. will be considered to be OWNER‟s property and issued to CONTRACTOR (if he requires the same for the Work) at rates approved by OWNER. If these materials are not required by CONTRACTOR, they will be disposed off by the OWNER to the best advantage of OWNER.

3. The operation of the preceding paragraphs shall not be deemed to imply

any approval by ENGINEER for the materials or other matters referred to therein nor shall it prevent the rejection of any such materials at any time by ENGINEER. The OWNER shall permit the Contractor to arrange such materials on his own.

P. SITE CLEAN UP

During the progress of the Work and as required by ENGINEER, CONTRACTOR shall keep areas occupied by him and access to such areas in the neat, clean and safe condition and free from accumulation of packing or crating materials, waste and rubbish. Rubbish and combustible wastes shall be removed on a daily basis. On the completion of any item of work, CONTRACTOR shall promptly fill up any pits and excavations and remove from such area all of his equipment and surplus material to approved areas. Upon completion of the work, CONTRACTOR shall before final payment is made, at his own expense and to the satisfaction of ENGINEER, dispose off or remove from the work site all equipment, rubbish, unused material and other equipment and materials belonging to him or used under his direction during the performance of the Work and shall leave the premises (including the quarters of CONTRACTOR employees) in a neat and clean condition satisfactory to ENGINEER.

In the event of CONTRACTOR‟s failure to comply promptly with any of the foregoing, OWNER/ENGINEER may, after serving a written notice of three (3) days to the CONTRACTOR, cause the same to be accomplished by any other agency at CONTRACTOR‟S expense and the cost of the same may be deducted from any money due to or becoming due or payable to CONTRACTOR whether under this or any other contract. Furthermore, the said clause shall apply should it become necessary for OWNER to have the complete or part of worksite cleared as indicated above at the expense of CONTRACTOR.




ENGINEER/OWNER shall, under no circumstances, be held liable for any loss or damage caused to CONTRACTOR‟S property left at the worksite owing to its removal and / or disposal through public auction or otherwise of such materials and property as deemed fit by the OWNER.

7.00 SURVEY LINES AND GRADES

7.01 As considered appropriate, ENGINEER will establish reference bench marks from

which CONTRACTOR shall establish such other points, lines, elevations etc. as he may require for the proper execution of the Work.

7.02 CONTRACTOR shall be responsible for the true and proper setting out of the

works and for the correctness of the positions, levels, dimensions and alignments of all the parts of the works and for the provisions of all necessary instruments, appliances and labour in connection therewith. If, at any time during the progress of the work any error appears or arises in the positions, levels, dimensions or alignments of any part of the works, CONTRACTOR, on being required to do so by ENGINEER, shall at his own expense, rectify such error to the satisfaction of ENGINEER unless such error is based on incorrect data supplied in writing by ENGINEER / OWNER, in which case the expenses of rectifying the same shall be borne by OWNER. The checking of any setting out or anyline or level by ENGINEER shall not in any way relieve CONTRACTOR of his responsibility for the correctness thereof and CONTRACTOR shall carefully protect and preserve all the bench marks, side rails, pegs and other things used in setting out of the works till such time required and thereafter remove with the prior written approval of the ENGINEER.

8.00 CONSTRUCTION SCHEDULE

8.01 Construction schedule shall be submitted by the Contractor to the OWNER/ENGINEER

within fifteen days of award of Work or as agreed upon, indicating therein the different component items of work and time required for completion of each component item month wise and season wise, so as to complete the work in all respects within the stipulated period of completion.

CONTRACTOR shall also furnish his approach to work, indicating briefly his method of working, his plans in tackling the construction programme vis-a-vis the capacity of equipments he proposes to deploy on various components of work etc. CONTRACTOR shall obtain approval of ENGINEER / OWNER to the above. They shall mutually decide upon updating any changes in agreed Schedule including crashing required and maintain joint records in connection with all important activities. In case of any disagreement, the decision of ENGINEER shall be final and binding on the Parties.




8.02 CONTRACTOR shall submit a weekly schedule of work, identifying each item of work, for acceptance by ENGINEER and submit regular progress reports, as directed by the ENGINEER on all activities in an approved format.

9.00 WORK IN MONSOON

9.01 The execution of works may entail working in the monsoon also.

CONTRACTOR must maintain minimum labour force as may be required for the job and plan and execute the construction works according to the prescribed construction schedule. Even if the work has to be stopped in the monsoons, the Contractor shall maintain to the satisfaction of Engineer requisite manpower and facilities to undertake regular monsoon protection works and for tackling any contingencies that may arise.

10.00 POWER

10.01 Power required for the work to the extent available may be provided free of

cost at one point. Contractor shall draw power from this point complying all applicable statutory rules and regulations. CONTRACTOR shall strictly follow all safety rules and regulations. CONTRACTOR shall comply with the Indian Electricity Act & Rules, Factories Act & Rules and all other relevant statutes.

10.02 No electricity will be supplied to staff quarters and labour colony of CONTRACTOR and quarry sites.

10.03 CONTRACTOR shall make his own arrangements for drawing the distribution lines

from the tapping point at the sub-station. ENGINEER/OWNER does not guarantee continuous power and CONTRACTOR shall make alternate arrangements by stand-by generating set etc. No claim whatsoever on this account shall be entertained by ENGINEER/ OWNER.

10.04 ENGINEER/OWNER will not be liable for any loss or damage to CONTRACTOR‟s

equipment as a result of variation in voltage or frequency or interruptions of power supply or for any other losses to CONTRACTOR arising there from. CONTRACTOR shall ensure that electrical equipments deployed by him are such that the aggregate power factor does not fall below 0.9 at his premises.

10.05 CONTRACTOR shall ensure that there is no wastage or misuse of power. If any

wastage or misuse of power is detected, the quantity so wasted or misused shall be charged to CONTRACTOR at rates to be decided by ENGINEER/ OWNER, whose decision shall be final and binding.




11.00 WATER

11.01 Water for construction purposes will be supplied by ENGINEER/OWNER at one point free of cost. CONTRACTOR shall make his own arrangements for pumping and storing the required quantity of water and for the necessary distribution pipelines. Any shifting of this distribution pipelines necessary in the course of the work, whether necessiated by his work or others, must be done at his own cost and no claim on this account will be entertained. CONTRACTOR shall make judicious use of the water and shall ensure that there is no wastage and leakages etc.

11.02 CONTRACTOR shall have to make his own arrangements for requirement of drainage and water for his works, staff and labour. All the precautions shall be taken so as not to pollute the water source or surroundings.

11.03 ENGINEER reserves the right to draw water from the distribution lines laid down by CONTRACTOR, should the same be required for any other works or needs.

12.00 LAND AND HOUSE

12.01 No housing accommodation for CONTRACTOR or his personnel will be made

available by ENGINEER/OWNER. CONTRACTOR will have to make his own arrangements with due regard to the weather and monsoon conditions, as applicable.

12.02 Land to the extent available may be allocated for temporary use for site office,

stores, bar bending yards near the construction site, free of cost on the basis of recommendation of ENGINEER. For other requirements such as labour camps, staff quarters etc., CONTRACTOR will make his own arrangement. CONTRACTOR shall maintain the areas allotted to him in a neat and clean condition as required by ENGINEER/OWNER. CONTRACTOR shall make his own arrangements of water, sanitary and power facilities for labour camps/staff quarters. On completion of the work, all temporary structures must be removed by CONTRACTOR with approval of ENGINEER and the land brought to its original condition. OWNER reserves the right, on completion of work, to take over any or all of the structures put up by CONTRACTOR at terms to be mutually agreed upon.

13.00 QUARRIES AND APPROACH ROAD

13.01 Where required, CONTRACTOR shall locate suitable quarries for stone aggregate,

sand and borrow area and satisfy himself of the quality and quantity of the materials required for construction. CONTRACTOR shall make his own arrangements for obtaining the quarries and establish source of required materials of appropriate quality.




13.02 CONTRACTOR shall not extract any materials from OWNER‟s land except with the prior written consent of OWNER. Permission to quarry materials from OWNER‟s land for bonafide use of the works may be given to the extent of the quantities available at the sole discretion of OWNER, failing which the Contractor shall make his own arrangements.

13.03 Washing of sand/gravel, stone aggregate for concrete/filter material shall be

done where the percentage of deleterious materials is more than that specified in the Bureau of Indian Standards (BIS) specification.

13.04 The approach roads to work site, quarries, borrow areas and dumping areas should

be laid /provided and maintained by CONTRACTOR, wherever necessary, at his cost.

13.05 Removal of overburden in quarries and its disposal, wherever necessary shall be done by CONTRACTOR at his cost, in conformity with the direction of the ENGINEER/State Authorities as applicable.

13.06 Construction of roads and/or the use of existing roads by CONTRACTOR for the

transportation of materials, machinery, supplies, fuels etc., and to serve for all his other requirements to and from the Work site or on the work, shall have the prior approval of ENGINEER/State Authority.

14.00 COMMUNICATION LINES AND NATURAL WATER RESOURCES

14.01 CONTRACTOR shall not close any communication lines without the permission

of ENGINEER. CONTRACTOR shall also not obstruct any natural lines of drainage without the prior written approval of ENGINEER.

15.00 COMMUNICATION FACILITIES

15.01 CONTRACTOR shall provide, maintain and operate at his cost all communication

facilities as may be necessary for safe and efficient performance of the Work. 16.00 PERMITS & LICENCES

16.01 CONTRACTOR shall secure and pay for all licences and permits which he may

require to comply fully with all laws, ordinances and/or regulations of the proper public authorities in connection with the performance of the Work.

16.02 CONTRACTOR shall be responsible for all losses / damages and shall defend,

indemnify and save harmless OWNER and ENGINEER in accordance with Article 41 hereof. Indemnify OWNER from and against all damages and liability which may arise out of the failure of CONTRACTOR to secure and pay for any such licenses and permits or to comply fully with any and all applicable laws, ordinances and regulations.




17.00 LEVIES FOR ENTRY INTO PORT AREA AT MANGALORE

17.01 It is the responsibility of CONTRACTOR to pay the Port authorities the charges levied for entry of men and vehicles into Port area at the rates fixed by them.

18.00 MATERIALS 18.01 The work is for complete job including labour and supply of all materials. Unless

otherwise specified, CONTRACTOR shall make his own arrangements for cement, steel, stone ballast, stones, stone chips, sand and other construction materials as required for satisfactory completion of the Work.

18.02 In case of materials supplied by OWNER, the CONTRACTOR shall ensure that only

the required quantities of materials are indented and got issued. Any such materials remaining unused and in perfectly good condition at the time of completion or termination of the contract shall be returned to OWNER at a place or places as directed by ENGINEER, by a notice in writing under his hand, if he shall so require. Credit for such materials will be given at the issue rate. The CONTRACTOR shall bear the cost of loading, transporting and unloading and incidental charges for returning the surplus materials from and to the stores where from they were issued or as directed by the OWNER/ENGINEER.

18.03 All CONTRACTOR‟s materials shall be generally inspected and approved by

ENGINEER from time to time at the source of supplies. CONTRACTOR shall provide all facilities for such inspection free of cost to ENGINEER. Notwithstanding any inspection at the source, the ENGINEER shall have liberty to reject any material brought to site that does not conform to the specifications without being liable for compensation.

18.04 All rejected materials shall be removed from the Site by CONTRACTOR at his

own cost, as directed by the ENGINEER. 18.05 CONTRACTOR shall at his own cost, properly store all materials brought by him to

the work site to prevent damage owing to rain, wind, direct exposure to sun etc., and also from theft, pilferage etc. CONTRACTOR shall maintain stocks of all materials required by him for proper and speedy execution of the work without any interruption.

18.06 All materials, construction plants and equipments, once brought by

CONTRACTOR within the project area, are not to be removed from there without the prior written authority from ENGINEER.

18.07 ASSISTANCE FOR PROCUREMENT OF MATERIALS A. CONTRACTOR shall be responsible for procurement of all materials required for

satisfactory completion of the work. However, OWNER may at his discretion, release suitable quantity of materials available with OWNER. CONTRACTOR shall make necessary arrangements for payments, transportation etc., for the quantity of materials so released.




B. Where the CONTRACT is terminated owing to any default on the part of CONTRACTOR, CONTRACTOR shall pay all transport charges incurred for transporting any materials to any other place to be nominated by OWNER.

19.00 SPECIFICATIONS

19.01 All technical documents regarding construction of works are given in the Metric

System and all works should be carried out as per Drawings and Specifications. Where the Specifications are not available in the drawings, the Specifications given in the Bid Documents shall apply. Where the Specifications are not available in either of the above, B.I.S. Specifications (Latest editions, unless otherwise specified) will be followed. For points not covered by the B.I.S. Specifications and/or the portion thereof and if no mention be made therein, the written instructions of ENGINEER shall be binding on CONTRACTOR.

19.02 If CONTRACTOR performs any work in a manner contrary to the Specifications or

Drawings or any of them and without such reference to ENGINEER, he shall bear all the costs arising or ensuring there from and shall be responsible for the losses to ENGINEER/OWNER.

20.00 RATES

The rates to be quoted are intended to provide for works duly and properly completed in accordance with the General and Special Conditions of Contract, Specifications and Drawings together with such alterations and/or additions as may be required/ordered and without prejudice to the generality thereof and shall include for details of construction which are obviously and fairly intended and which may not have been specifically referred to in these documents and working drawings, but are essential for execution and satisfactory completion of work including those of minor nature and shall be deemed to include and cover but not limited to inter-alia the following:

i) The cost of all superintendence and labour, materials, tools, plants,

equipments, mobilising and demobilising of equipments, fuel, lubricants, fixtures, transport charges, temporary and permanent works and quarrying charges, testing, screening, washing, handling of materials, stacking and removal charges of any rejected materials, water and power arrangements and satisfactory maintenance of the same for the full and satisfactory completion of the Work intended.

ii) All fees, duties, royalties, rent and compensation to OWNER for surface damage or

taxes and impositions payable to local authorities in respect of land and structures for all materials supplied for the Work or oth er duties/or expenses for which CONTRACTOR may become liable or may be put to under any provision of the law for the purpose of or in connection with the execution of the Contract including levies payable on all transactions.

iii) Watching and lighting arrangements as required for satisfactory performance.

iv) Setting of work profiles etc. and of construction, repair and upkeep of all central lines, bench marks and levels and pegs thereof, including provision of masonry/concrete




pillars showing the central lines of structures, grid lines and levels and maintenance and protection of the same including providing fencing etc., throughout the period of Contract.

v) Erection, maintenance and removal of temporary works and building. vi) Supply of samples, moulds, cost of testing of materials, works etc. vii) Working in all conditions including in/under water, liquid, mud, foul conditions etc., and

shall also include bailing or pumping out water from the foundations, basement or any other place of construction collected from rains or any other source whatsoever, de - sludging and allied operation, at any stage of work and any time till the completion of Work including all suspension period and delays whatsoever, cost of curing including pumping of curing water wherever necessary.

viii) Diversion and draining works, protection works, temporary facilities, bridges, gangways,

drainage etc. ix) Work at all depths in foundations below Ground level and in superstructures up to all

heights above ground level including all lifts and descents involved at any other place of work and disposal areas.

x) Cost of all leads unless otherwise specified in the Specification / Schedule. xi) Provision of centering, scaffolding, strutting props etc.

xii) All materials and labour required for fencing and protection against risk of

accidents, for providing necessary planking, strutting gangway with handrails, gumboots, helmets, safety belts etc., during the progress of work.

xiii) Diversion including compensation payable for barrier arrangements for the safety

of the public or employees during the execution of works, all sanitary and medical arrangements for labour camps as may be prescribed by ENGINEER.

xiv) Works in all shapes, straight, inclined or curved and all sizes as shown or as required.

xv) Clearing the sites after the completion of the work of all debris, left out construction

materials, machine, equipment, temporary houses, offices, stores, workshops, labour colonies etc., including micro dressing the area in neat and clean shape.

xvi) Such other incidental charges or contingencies as may have been provided in the

Specifications or as necessary or levied




21.00 ESCALATION 21.01 No escalation will be admissible on rates, materials, labour, royalties, taxes etc. on

any account unless otherwise specifically provided for. 22.00 WASTAGES

22.01 For the purpose of accounting of ENGINEER/OWNER supplied materials either

free or on cost recoverable basis, the following wastages shall be allowed which shall include loss of cement in bags / transit and in case of steel, rolling margin as per BIS, invisible wastage and cut pieces of less than 3 meters in length or plates of size less than 0.5 sq. meter subject to one dimension not exceeding 300 mm.

a) CEMENT : 5 % (Five Percent)

The theoretical quantity of cement to be used in the work shall be calculated on the basis of the norms indicated for consumption of cement or as per the authorised design mix. Where such norms are not given, norms available in CPWD Schedule showing quantity of cement to be used in different items of works shall be applicable. Where CPWD norms are not available, it shall be calculated as directed by the ENGINEER. In the event of it being discovered that the quantity of cement used is less than the quantity ascertained as herein before, the cost of quantity of cement not so used, shall be recovered from the CONTRACTOR on the basis of actual landed cost plus 50 % as compensation/ damages, provided such works are technically accepted. Shortage of cement after accounting as stipulated above will be charged at rate specified in Article 22.02.

b) REINFORCED STEEL :

5% on the actual quantity incorporated in the works and measured for payment by ENGINEER/OWNER.

c) STRUCTURAL STEEL:

(i) Sections 5% on the quantity computed based on DOD lists. (ii) Plates 7.5% on the quantity computed based on DOD lists.

d) STEEL PIPES:

3% on the quantity computed from the measurements/ “As made” drawings.

e) C.I. PIPES:

5% on the quantity computed from the measurements/ “As made” drawings.




f) OTHER MATERIALS:

5% unless otherwise specified. 22.02 Quantity in excess of the above specified wastages shall be charged at actual

cost +50%, unless otherwise specified. 22.03 The surplus / balance steel beyond the maximum permissible limits allowable for

invisible wastages including rolling margin shall be returned to OWNER. 23.00 SUPPLY OF DRAWINGS

23.01 OWNER / ENGINEER will provide drawings and other information for start of the

first item of work. Subsequently, ENGINEER will maintain a flow of drawings and other required information sequenced and timed in such a manner as to permit CONTRACTOR to execute the work in accordance with the scheduled and subsequent scheduled releases.

23.02 Only three sets of drawings will be supplied by ENGINEER. Failure on the part of

ENGINEER to provide drawing or maintain flow of drawings as stated above will attract the provision of Article 32 hereof.

23.03 One set of drawings shall be returned to ENGINEER/OWNER showing therein

all additions and alterations in the process of execution. This set of drawings will show the “As Built Installation‟. However, all alterations, additions or deletions from the original drawings must have the prior approval in writing of ENGINEER.

24.00 SITE ORDER BOOK

24.01 CONTRACTOR shall provide at Site, a “Site order” book. The pages in the site order

book shall be machine numbered. CONTRACTOR shall be responsible for obtaining all the orders entered in the order and within 24 hours, he or his authorised agent shall sign the orders issued by ENGINEER and shall carry them out strictly in accordance with these instructions and compliances shall also be recorded by CONTRACTOR and got duly countersigned by ENGINEER or his authorised agent.

25.00 PROGRESS REPORT AND DAILY REPORTS

25.01 Progress reports shall be submitted by CONTRACTOR in the proforma furnishing the

details as required by ENGINEER. 25.02 CONTRACTOR shall submit daily reports of the following by 10 AM:

i) Total number of labourers in the working areas. ii) Total number of local labourers in the working areas. iii) List of equipments deployed and worked. iv) Progress Report of the previous day.

26.00 EMPLOYMENT OF ENGINEERS




26.01 To ensure proper execution of work, CONTRACTOR must engage adequate number of full time qualified engineers possessing the requisite experience.

27.00 SECURITY

27.01 CONTRACTOR shall make his own arrangements to protect his materials, plant

and equipment from pilferage, vandalism, accidental damage or loss of any kind and ENGINEER/OWNER shall not be responsible for any such occurrences.

28.00 JOB SITE REGULATIONS AND REQUIREMENT

28.01 CONTRACTOR shall comply with and be bound by all regulations and requirements

established by ENGINEER governing CONTRACTORS, Sub-contractors and their employees engaged in the work under this CONTRACT or in preparation for such work.

29.00 EXECUTION OF WORK DURING NIGHT

29.01 When the work is carried out at night or in obscured daylight, adequate

arrangements for floodlighting the working area shall be made by CONTRACTOR at his own cost and got approved by ENGINEER.

30.00 FUEL STORAGE TANKS

30.01 The storage of gasoline (petrol) and other fuel oils or other inflammable materials

shall conform to the regulations for such storage issued by the concerned Statutory Authorities / State Government and Central Government Authorities.

31.00 ALTERATIONS AND OMISSIONS - VARIATIONS IN QUANTITIES - EXTRA WORKS

A. Revisions to the Specifications and Drawings, may, from time to time during the

progress of work, be issued by ENGINEER. Additionally, ENGINEER may, from time to time without invalidating CONTRACT make changes in the Specification and issue additional instructions and/or require additional work to be performed or delete certain work.

B. The quantities contained in the “Schedule of Units and Quantities” are only approximate and subject to variations. Payment will be based upon the actual quantities as certified by ENGINEER and at the unit rates stipulated in the CONTRACT




C. Rates for extra, altered or substituted work (hereinafter called “extra works”) shall be determined as set forth hereinafter in consultation with OWNER. If the rates for extra work are not specifically provided for in the CONTRACT the rates will be derived by ENGINEER from the rates for similar items/clauses of works as are specified in the CONTRACT. The decision of ENGINEER in this regard shall be final and binding on and conclusive to Parties. In the absence of similar items of work, the rate for extra work/item shall be established by ENGINEER on the basis of inputs and its cost as determined by ENGINEER, plus 15% towards Contractor‟s overheads, profits etc.

D. CONTRACTOR shall not be entitled to any claim because of any variation (plus

or minus) in the Contract Value above the Estimate Value of Contract.

E. CONTRACTOR shall expeditiously perform such work as is directed by ENGINEER regardless of whether such work requires variation of quantities or includes extra work with payment being made in accordance with this CONTRACT.

32.00 EXTENSION OF TIME

A. If CONTRACTOR believes that the work is being delayed owing to the failure of

OWNER to keep a commitment, he shall immediately notify ENGINEER/OWNER in writing, if ENGINEER/OWNER is satisfied that the reasons stated by CONTRACTOR have a bearing on the time schedule and that such delay cannot be made up by CONTRACTOR by rearranging the sequence of items of work, a change in method, by compressing the execution time required through improved supervision, more manpower or more effective equipment, by paying incentives or in any other way, then OWNER shall extend, by written notice, the said specified required completion time for a period of time equivalent to any such delay on receipt of request from the CONTRACTOR along with full justification. The decisions of OWNER in this regard shall be final and binding on the Parties.

B. The Contractor shall not delay / discontinue execution of job for want of grant

of extension of time.

C. Such extensions shall be in full se t t lement and sa t i s fac t ion o f any o r a l l claims which CONTRACTOR may have against OWNER for damages or losses as a result of any such delay.

33.00 PRIORITY OF AGREEMENT, OTHER CONTRACT DOCUMENTS AND

DRAWING AND CONSTRUCTION DOCUMENTS.

A. All Documents and Drawings forming part of the CONTRACT are intended to be read together and to be complete and in agreement.

B. If conflicts between documents arise the documents shall prevail in the order

stipulated below:




1. Special conditions shall prevail over General Conditions. 2. Specifications shall prevail over Tender Drawings. 3. Description of items in “Schedule of Units and Quantities” read in

conjunction with preamble to the Schedule, if any, shall prevail over those provided in Specification and Drawings.

4. Between two issues of the same document, the document revised or re-

issued as of the later date shall prevail. 5. All Specifications, Drawings and other documents shall be interpreted in

conformity with these General Conditions of Contract as supplemented by and/or modified in the Special Conditions.

6. Wherever a Lumpsum Price for the Work is stipulated in the Award, the

quantities stipulated in the “Schedule of Units and Quantities”, if any, shall be disregarded in construing this Contract, and CONTRACTOR shall perform all the Work as envisaged in this CONTRACT including the Specifications and Drawings and CONTRACTOR shall be paid only the amount of such Lumpsum price in consideration thereof.

C. All dimensions marked on the Drawings are to be taken as correct in preference

to measurements by scale.

D. CONTRACTOR shall bring to the attention of ENGINEER any obvious errors, omissions or discrepancies in the Specifications, Contract Drawings or other documents and shall request clarification from ENGINEER, whose decision shall be final and binding on and conclusive to the Parties. If work is done incorrectly because of failure to obtain this clarification from ENGINEER, CONTRACTOR shall correct such work at his own expenses.

34.00 CONDITIONS UNDER WHICH WORK MAY BE CAUSED TO BE COMPLETED BY

OWNER.

A. If CONTRACTOR shall, at any time in the judgment of ENGINEER, fail to engage enough properly skilled workmen or materials, plant, equipment, tools, facilities and supplies of the proper quality or fail to execute the Work with promptness and diligence or fail to make prompt payment to sub contractors or for materials or labour or fail in performance of any of his obligations within the intended meaning of this CONTRACT as provided for herein and shall within three (3) days after receipt of written notice from ENGINEER, fail to remedy or commence to remedy any such defaults or shall interefere with or disrupt or threaten to interefere with or disrupt the work or any portion thereof in any manner, whether by reason of labour disputes, shortage of labour, materials or otherwise or if the presence of CONTRACTOR or his agents or employees upon OWNER‟s premises or the fact that this CONTRACT has been made results in acts by third parties, which interefere with or disrupt the work or any portion thereof in any manner, whether by reason of a labour dispute, picketing, boycotting or otherwise or if a




petition in bankruptcy shall be filed by or against CONTRACTOR or CONTRACTOR shall become insolvent, OWNER may, in any such event, terminate this CONTRACT with immediate effect or may exclude CONTRACTOR and his employees, sub-contractors and agents from the work or any portion thereof without terminating this CONTRACT.

Having exercised either of the above options, the work may be finished by ther agencies to be appointed by OWNER and for that purpose the agency so appointed shall be authorised to enter upon the premises and take charge of all materials, tools, equipment, facilities and supplies thereof and may have the work so taken over finalised by whatever method OWNER may deem expedient.

B. CONTRACTOR shall not be entitled in any such event as aforesaid to receive any further payment under this CONTRACT until such Work shall be wholly finished and maintained as determined by OWNER and all Payments shall be subject to Article 36F Final Payment. CONTRACTOR shall be entitled to payment only for the work performed by CONTRACTOR prior to the time of termination or exclusion as provided in paragraph A above. However, should any excess cost, expenses or any damages be incurred in completing the work, CONTRACTOR shall pay OWNER, such excess cost, expenses and/or damages as may be determined by OWNER whose decision in regard to the quantum shall be final and binding on and conclusive to the Parties and such cost, expenses or damages may be deducted or retained by OWNER in accordance with the provisions of the CONTRACT.

C. Any unused materials, tools, equipment, facilities and supplies furnished by

CONTRACTOR for the work shall be returned to CONTRACTOR following the completion thereof.

D. The cost and expense of completing the work, as herein provided and any damage

incurred through default of CONTRACTOR shall be audited and certified by OWNER, whose certificate thereof shall be final and binding and conclusive to the Parties.

E. In the event this CONTRACT is terminated as aforesaid, CONTRACTOR shall not

be released from any costs, expenses, penalties or damages which may be assessed against or levied on the CONTRACTOR.

35.00 USE OF COMPLETED PORTIONS OR ITEMS OF WORK

A. Whenever, as determined by ENGINEER/OWNER any portion or item of

work performed by CONTRACTOR, is in a condition suitable for use and require such use in the best interests of the Work, OWNER may cause the same to be taken over and used. Such use by OWNER shall, in no case, be construed as constituting final acceptance and shall neither relieve CONTRACTOR of any of his responsibilities under the CONTRACT nor act as a waiver of any of the conditions thereof provided that CONTRACTOR shall not be liable for the cost of repairs, rework or renewals which may be required owing to ordinary wear and tear resulting from such use.

B. If, as a result of CONTRACTOR‟s failure to comply with the provisions of

this CONTRACT.




CONTRACTOR has to perform work on the portion or item of work being used, such operation or use may continue until such portion or item of work can without injury to the WORK be taken out of service provided that the period of such operation or use pending completion of appropriate remedial action, shall not exceed twelve (12) months, unless otherwise mutually agreed upon in writing between the parties hereto. Nothing contained herein shall prejudice the right of OWNER or ENGINEER for claiming damages for any delay in completion of work or extra costs involved.

C. CONTRACTOR shall not use any permanently installed equipment unless such

use is approved in advance by ENGINEER in writing on such terms as may be stipulated in such approval. Where CONTRACTOR‟s written request is granted for the use of certain equipment, CONTRACTOR shall properly use and maintain the equipment. Upon completion of its use and at his expense, repair, if necessary, such equipment to the satisfaction of ENGINEER.

36.00 PAYMENTS

A. ADVANCE PAYMENTS

I. Normally mobilisation advance will not be paid. However, in exceptional case, if the

same is agreed to, the OWNER may approve payment of the following advance to CONTRACTOR to the extent and under the conditions as may be stipulated by OWNER at his entire discretion. Such advance payments shall carry interest at State Bank of India‟s lending rate.

1. Initial mobilisation advance against Bank Guarantee in favour of the OWNER from

any Nationalised / Scheduled Bank and in the format approved by the OWNER.

2. Equipment brought to site against hypothecation of the said Equipment:- Advance against machinery shall be made only in respect of those machines, the requirement of which is approved by ENGINEER as being minimum and The value in case of second hand machinery being subject to the assessment of ENGINEER/OWNER.

3. The recovery of mobilisation advance and the advance against old/new machinery

shall be made on prorata basis during the period of Contract, starting from when 10% of the value of the Work is completed and recovered in full by the time 90% of the Work is completed. The OWNER, however, reserves the right to recover the full advance from the payments due to the CONTRACTOR in the event of termination of the CONTRACT or such circumstances that the necessity of advances is otherwise classified.

4. The value of Bank Guarantee furnished against mobilisation advance shall

progressively stand reduced to the extent recoveries are effected from the bills of CONTRACTOR towards the mobilisation advance.

II. Advance to the extent of 75 % against cost of imperishable materials brought to the

work site for incorporating in the Work, shall be paid at the sole discretion of the Owner.

Advance against materials to be incorporated in the item of Work brought to the




work site shall be recovered from running bills prorata according to quantity of work billed for including wastage, if any.

B. PROGRESS PAYMENTS

1. OWNER shall pay to CONTRACTOR for such WORK as is performed by

CONTRACTOR and as certified by ENGINEER as being acceptable in accordance with the provisions of this CONTRACT. Payment shall be based upon the quantity of work IN PLACE as per terms stipulated in the CONTRACT.

2. CONTRACTOR shall submit to OWNER a fortnightly bill showing the unit of work

IN PLACE and the amounts claimed to be payable to CONTRACTOR in accordance with the terms and conditions of this CONTRACT. In case of a Iumpsum CONTRACT, OWNER may stipulate in the CONTRACT Progressive Payments as a percentage based on the Progress Work as certified by ENGINEER. Upon receipt by ENGINEER of said bill, ENGINEER shall review such bill and within Fifteen (15) clear days from submission shall,

a) Approve such bill and certify the same for payment

OR b) Approve part of the bill(s) and certify that part for payment, request further

clarifications / revisions from CONTRACTOR as to the balance and upon receipt of satisfactory clarifications/revisions from CONTRACTOR, certify the balance for payment

OR c) Reject the entire bill subject to further clarification/ revisions from

CONTRACTOR. Upon receipt by ENGINEER of satisfactory clarification/revisions to such rejected bill, ENGINEER shall approve and certify the clarified/revised bill for payment.

Payment for all bills shall be due from OWNER, except as otherwise provided herein within Fifteen (15) Clear Days of receipt by Owner ENGINEER‟s certification of such bills.




3. All equipment and materials brought to the Worksite by CONTRACTOR when sobrought shall be deemed to vest in OWNER without prejudice to the obligation ofCONTRACTOR for their safe custody. CONTRACTOR shall intimate to ENGINEERall equipment and material brought to the Worksite at the time of bringing to theWorksite and the said Equipment and materials shall be subject to check byENGINEER/OWNER at all times. No such equipment or materials shall be removedfrom the Worksite by CONTRACTOR without the express written permission ofOWNER.

4.

Delay of Payment shall not be construed as a breach of this CONTRACT

5.

OWNER shall, in accordance with the Indian Income Tax Laws, withhold frompayments to be made to CONTRACTOR as advance Tax, all amounts as may berequired.

6.

Payments made pursuant to this CONTRACT by Owner shall not be construed asthe waiver of any breach hereof by CONTRACTOR or as an acceptance of defectiveWork or items of work not in conformity with the terms and conditions of thisCONTRACT.

7.

Progress payments shall be made as the Work progresses based upon quantities ofWork In Place, less appropriate adjustment.

OWNER or his designated representatives may verify the progress of thework at any time.

CONTRACTOR shall co-operate in permitting access, for verification of the progress work is being done or material is stored and shall provide safe and proper facilities at verification of progress.

8.

Ad hoc / Advance of 75% will be released against the work done as assessed by theENGINEER and on submission of progressive bill by the CONTRACTOR, pendingdetailed scrutiny/ verification by the ENGINEER. This will be adjusted fully on passingand releasing the full payment against the bill.

9.

All progressive payments shall be regarded as advances against final payment andnot as payment for Work done.

C.

LIQUIDATED DAMAGES




1.

The date(s) of completion of Work as stipulated in the CONTRACT includingvarious intermediate milestones fixed by Engineer shall be of the essence ofCONTRACT.

2. If, CONTRACTOR fails to complete the Work or the component part of the workwithin the stipulated completion date or the component milestone stipulated in theCONTRACT, CONTRACTOR shall pay to OWNER, as liquidated damages for suchdefault (unless extension of time is granted by Engineer as provided under Article32.0 hereof) for everyday which lapse between the date prescribed thus for and theactual date of completion of such component part of the Work, the amountsdetermined on the basis of the percentages of the apportioned value of suchcomponents as specified herein.

i) Delay for first 20 days 0.1 % per day. ii) Delay beyond first 20 days 0.15% per day.

Subject to maximum of 5% of the total CONTRACT VALUE.

3. OWNER reserves the right to waive the liquidated damages either in part or in full at

his sole discretion.

4. The payment or deduction or retention of such liquidated damages shall not relieve CONTRACTOR of the obligations and liabilities under this CONTRACT.

5. OWNER may recover, deduct or retain the liquidated damages as assessed above

from any moneys due or which may become due or payable to CONTRACTOR in this or any other Contract or in any other manner decided by the OWNER.

6. Liquidated damages as provided herein above relate only to delay in the

performance by CONTRACTOR of the Work or component part thereof and the parties hereto agree that such amount for such events are pre-estimated, fair and reasonable and acceptable to the parties.

7. Component Completion Milestone as used in this Article shall mean that point at

which the respective component is sufficiently complete to permit CONTRACTOR or others to proceed with subsequent steps towards completion of the Work or any portion thereof without interference from or with the immediate area or an adjacent area. OWNER/ENGINEER shall be the sole judge as to whether such Component Completion Milestone has been achieved and his decisions shall be final, binding and conclusive. Nothing in this paragraph shall be deemed to limit CONTRACTOR‟s obligations to complete all components to the satisfaction of ENGINEER/OWNER.

D. CONSEQUENTIAL DAMAGES




In case of Turnkey contracts, the Contractor will have to compensate the Owner towards Consequential Damages suffered by Owner due to time and / or cost overrun in completion of the turnkey projects. This will be in addition to the Liquidated Damages leviable.

E. CLAIMS AND DEDUCTIONS

1. CONTRACTOR shall send to ENGINEER/OWNER once each month an account

giving full and detailed particulars of all claims for any additional expense(s), to which CONTRACTOR may consider himself entitled and of all Extra Work(s) ordered by ENGINEER which he has executed during the preceding month and no claim for payment for any such work(s) will be considered as has not been included in such particulars, provided always that OWNER shall be entitled to authorise payment to be made for any such work(s), notwithstanding CONTRACTOR‟s failure to comply with this condition of CONTRACT, if he has, at the earliest practicable opportunity, notified OWNER / ENGINEER in writing that he intends to make a claim for such work.

2. All costs, charges or expenses, which OWNER may have paid to others for

which, under this CONTRACT, CONTRACTOR is liable and all costs, claims, charges, damages or expenses to which OWNER and/or ENGINEER are entitled to receive from CONTRACTOR under this CONTRACT may be retained by OWNER from or set-off against any money payable by OWNER to CONTRACTOR under this CONTRACT or any other contract, without prejudice to the right of OWNER and/or ENGINEER, to recover such costs, claims, charges, penalties or expenses as otherwise provided by or under law.

F. FINAL PAYMENT

Final payment of all sums due to CONTRACTOR shall be made as follows:

1. On completion of the work(s) and acceptance thereof, CONTRACTOR shall prepare

a final bill of all the works performed by him under the CONTRACT and submit the same for certification by ENGINEER within a period of 60 days of the completion of Work.

2. ENGINEER shall verify the bill and check the admissibility thereof under the

CONTRACT, determine the liquidated damages, consequential damages, if any, recoverable from CONTRACTOR, make appropriate adjustment for all recoveries and advances and certify to OWNER that the work under CONTRACT is duly performed by CONTRACTOR and the amount, if any, payable or recoverable from CONTRACTOR.

3. Final payment of all sums, if any, due to CONTRACTOR shall be made by




OWNER..OWNER having always the right to recheck the bill of CONTRACTOR fully.

4. CONTRACTOR shall provide ENGINEER and OWNER with a certificate satisfactory to both that all privileges, liens, claims, obligations and liabilities against or chargeable to ENGINEER or OWNER have been fully paid, satisfied and released and that CONTRACTOR has no claim(s) against OWNER and/or ENGINEER

37.0 SECURITY DEPOSITS

A. Within 15 days of the award of the CONTRACT, CONTRACTOR shall deposit with

OWNER an initial Security Deposit of 3% (three percent) of the Contract Value and the same shall be in cash or in any of the following forms.

1. Demand drafts drawn in favour of OWNER from any Nationalised / Scheduled

Bank. 2. Bank Guarantee in prescribed Proforma (attached), executed by a

Nationalised Bank / Scheduled Bank. If the bank guarantee is from a non-Indian Bank, the same shall be got stamped at Bangalore, karnataka State, India, by the Foreign Banker‟s Associates / Subsidiaries or agents in India, in accordance with the laws applicable in State of Karnataka, India.

B. If CONTRACTOR fails to provide the security within the period specified, such

failure will constitute a breach of the Contract and the Owner shall be entitled to award the work elsewhere at CONTRACTOR‟s risk and cost.

C. No claims shall lie against OWNER either in respect of interest due, if any, on

security deposits or depreciation in their value.

D. As and by way of additional security, from every progressive bill of CONTRACTOR, Security Deposit at the rate of 7% of the Gross Value of such bill as determined before payment shall be retained by OWNER or CONTRACTOR can submit additional Security Deposit by Bank guarantee.

E. Whenever the Security Deposit is furnished by CONTRACTOR in any form other

than cash or Demand Draft, CONTRACTOR shall be entirely responsible to keep such form of security deposit enforceable by OWNER by extending the validity thereof, if required, by removing the restrictions thereon, within one month before the due date of expiry and keep them enforceable until released by OWNER after the period of maintenance.




F. The Security Deposit shall remain at the entire disposal of OWNER as a security for satisfactory execution and completion of the Work(s). OWNER shall be at liberty to deduct and appropriate from the Security Deposit such damages (liquidated or otherwise) and other dues and recoveries from CONTRACTOR under this CONTRACT and the amount by which Security Deposit is reduced by such appropriations will be made by further deductions from CONTRACTOR‟s subsequent bills to that extent as to make up the Security Deposit to the full.

G. Notwithstanding anything to contrary, in as much as the Security Deposit is to be in

cash with OWNER, OWNER shall be entitled to enforce any of the approved forms of Security Deposit furnished by CONTRACTOR at any time and realise cash thereof irrespective of whether or not CONTRACTOR disputes such right. However, if CONTRACTOR obtains the extension of the time limit, if any, for the enforceability of such form of Security Deposit and intimates OWNER of such extension within one month before expiry, OWNER may not enforce such form of Security Deposit, unless it has otherwise become enforceable.

H. On due and satisfactory performance of all the obligations of CONTRACTOR under

this CONTRACT including completion of work in all respects carrying out the obligations of CONTRACTOR during Period of Maintenance, Security Deposit shall be released by OWNER subject to recoveries, deductions and retentions there from as provided under the CONTRACT.

38.00 PERIOD OF MAINTENANCE AND MAINTENANCE CERTIFICATE

A. To the extent that the work shall, at or as soon as practicable after the expiry

of the Period of Maintenance, be delivered upto OWNER in as good and perfect condition (fair wear and tear excepted) to the satisfaction of OWNER, as that, in which they were at the commencement of the Period of Maintenance, CONTRACTOR shall execute all such work of repair, modification, reconstruction, rectification and making good of defects, imperfections, shrinkages or other faults as may be required on CONTRACTOR in writing by ENGINEER / OWNER during the Period of Maintenance or within fourteen days after the expiry as a result of an inspection made by or on behalf of OWNER prior to its expiry. The decision of OWNER shall be final, conclusive to and binding on the Parties in this regard.

B. All such work shall be carried out by CONTRACTOR at his own expense if

the necessity thereof shall, in the opinion of ENGINEER/OWNER, be due to the use of material or workmanship not in accordance with this CONTRACT or to neglect or failure on the part of CONTRACTOR to comply with any obligation expressed or implied on CONTRACTOR‟s part under this Contract. If, in the opinion of ENGINEER/OWNER, such necessity is due to any other cause, the value of work shall be ascertained and paid for as if it was Extra Work. In case the CONTRACTOR fails to keep the required work force at Site during




maintenance period, the OWNER reserves the right to change / replace any portion of the work without waiting for the CONTRACTOR, if the same is essential for keeping the operations running. The cost of such work will be recovered from the CONTRACTOR.

C. If CONTRACTOR fails to do any such work as aforesaid required by

OWNER/ENGINEER, OWNER shall be entitled to have such work carried out at CONTRACTOR‟s own cost and OWNER shall be entitled to recover from CONTRACTOR the cost thereof or may deduct the same from any money payable to CONTRACTOR or otherwise.

D. CONTRACTOR shall, if required by ENGINEER/OWNER in writing, search for

the cause of any defect, imperfection or fault under the directions of ENGINEER. Unless such defects, imperfection or fault shall be one, for which CONTRACTOR is not liable under this CONTRACT, the cost of the work carried out by CONTRACTOR is not liable under this CONTRACT, the cost of the Work carried out by CONTRACTOR in searching as aforesaid, shall be borne by OWNER. But if such defect, imperfection or default shall be one for which CONTRACTOR is liable as aforesaid, the cost of work carried out in searching as aforesaid, shall be borne by CONTRACTOR and he shall, in such case, repair, rectify and make good such defect, imperfection of default at his own expenses to the satisfaction of ENGINEER/OWNER. The decision(s) of ENGINEER / OWNER in these respects shall be final and binding on and conclusive to the Parties.

E. The work shall not be considered completed, until the work shall have been

completed and maintained to ENGINEER/OWNER‟s satisfaction. The Maintenance Certificate shall be given by ENGINEER fourteen days after the expiration of the period of maintenance on the request of CONTRACTOR, or as soon thereafter, as any work ordered during such period, shall have been completed to the satisfaction of OWNER/ENGINEER and full effect shall be given to this Article, notwithstanding any previous entry on or the taking possession of or using thereof.

F. No certificate other than the Maintenance Certificate referred to above shall

be deemed to constitute approval of any work or other matter in respect of performance of this CONTRACT or any part thereof or the accuracy of any claim or demand made by CONTRACTOR or of Extra Work, having been ordered by OWNER or should any other certificate conclude or prejudice any of the powers of ENGINEER/OWNER.

G. ENGINEER/OWNER may by any certificate make any correction or modification

in any previous certificate, which shall have been issued by him and shall have the power to withhold any certificate if the work or any item hereof is not being carried out to his satisfaction.




H. No claim by CONTRACTOR for any matter or thing arising out of or in

connection with this CONTRACT or the execution of the Work shall be considered unless CONTRACTOR shall have made a claim in writing in respect thereof before giving of the Maintenance Certificate.

I. Period of Maintenance shall be calculated from the date of completion of the

Works certified by ENGINEER

J. The period of maintenance shall cover a period of twelve (12) months

(unless otherwise specified in the (CONTRACT) after a final certificate of the completion of the work has been issued by ENGINEER as stated above.

39.00 RESPONSIBILITY FOR SAFETY

CONTRACTOR shall comply safety regulations as per statutory requirement under The Factory Act and other relevant statutes.

A. The safety of all persons employed by CONTRACTOR and his SUB-

CONTRACTORS on the work site or any other person who enters upon the work site for reasons relating to this CONTRACT, shall be the sole responsibility of CONTRACTOR and CONTRACTOR shall defend, indemnify and save harmless OWNER and ENGINEER from / and against any actions, claims, damages, cost resulting from death to or injuries sustained by these person(s), on the work site. Statutory regulations for safety of workers shall be followed and the workmen provided with necessary safety gadgets.

B. Contractor shall at all times maintain good order among his employees and

shall not employ on the work site any unfit person or anyone not skilled in the work assigned to him Contractor shall confine his employees and all other persons, who come on to the work site at Contractor‟s request or for reasons relating to this CONTRACT, and confine his equipment to that portion of the Work where the work under this CONTRACT is to be performed or to roads leading to and from, such work sites and to any other area which ENGINEER/OWNER may permit CONTRACTOR to use.

C. CONTRACTOR shall take all reasonable measures and precautions at all

times to prevent injuries to or the death of any of his employees or any other person who enters upon the project. Such measures and precautions shall include, but shall not be limited to, all safeguards and warnings necessary to protect workman and others against any conditions on the portion of the WORK which could be dangerous and to prevent accidents of any kind whenever work is being performed in proximity to any moving or operating machinery,




equipment or facilities, whether such machinery, equipment or facilities are the property of or are being operated by CONTRACTOR, his sub-contractors, OWNER / ENGINEER or other CONTRACTOR or other persons.

D. It is understood that if employees of ENGINEER/OWNER perform any acts

for the purpose of discharging the responsibility undertaken by CONTRACTOR in this article, whether requested to perform such acts by CONTRACTOR or not, such employees of OWNER or ENGINEER, while performing such acts, shall be considered the agents and servant of CONTRACTOR, subject to the exclusive control of CONTRACTOR

40.00 EXPLOSIVES AND HAZARDOUS MATERIALS.

40.01 The character, storage and method of use of all explosives / hazardous materials shall

be subject to and in conformity with any applicable laws, ordinances and/or regulations. In case of blasting, the hours during which blasting operations may be carried out shall be subject to the approval of ENGINEER/OWNER.

41.00 INDEMNITY

A. CONTRACTOR shall defend, indemnify and save harmless ENGINEER and

OWNER, their Officers, Directors, Servants and Employees from and against any and all expenses and cost (including court cost and attorney‟s fees), damages or liabilities of any kind or nature whatsoever, which may arise out of or result from any claims, demands, causes of action and/or judgements stated or obtained by or threatened to be instituted by CONTRACTOR, his employees, other contractors, any third party or any person or persons including, but not limited to, property damage or the death or injury of any person resulting from any defects, faults, shortages, errors, omissions, neglect, whether deliberate or accidental or wilful misconduct of CONTRACTOR, his agents, servants or sub-contractors, in the use, occupation, ownership of property or the performance of any work undertaken by CONTRACTOR, his agents, servants or sub-contractors. These obligations shall survive the completion, cancellation or termination of this CONTRACT.

B. Should ENGINEER or OWNER deem himself insecure as to the ability of

CONTRACTOR to so indemnify, ENGINEER/OWNER may demand that CONTRACTOR promptly provide reasonable assurance in form and substance satisfactory to OWNER, of CONTRACTOR‟s ability to comply with the provisions of this Article. CONTRACTOR‟s failure to provide such satisfactory assurance shall be a sufficient ground for termination of this CONTRACT OWNER shall have the final decision of the satisfactoriness of any such assurance and OWNER‟s decision shall be final and binding.




42.00 INSURANCE

A. CONTRACTOR shall maintain and require his sub-contractors to maintain in full force and effect, from Insurance Companies in India acceptable to OWNER from the time of execution of this CONTRACT.

1. All such Insurances as are required by law concerning the ownership,

operation or use of any motor vehicles, specifically including liability insurance protection

2. Such Insurance(s) in such amounts to cover such risks as shall be required by OWNER.

3. CONTRACTOR shall obtain and maintain such Insurance(s) as will protect

CONTRACTOR and OWNER from claims under any employee benefit laws, workmen‟s compensation laws and disability benefit laws, from claims of damages because of bodily injury, occupational sickness or disease or death of any of CONTRACTOR‟s employees resulting from or relating to the Work.

4. CONTRACTOR shall obtain and keep in full force arid effect Insurance(s) of

such types and for such amounts as are required by Indian Laws, Ordinances or Regulations.

B. CONTRACTOR shall submit copies of such policies and coverage for

written approval by ENGINEER/OWNER.

C. CONTRACTOR shall ensure that the insurer furnishes ENGINEER/OWNER with evidence of such Insurance(s), a copy of the issued policy and any amendments thereto and prompt notification of any cancellation or termination thereof. Should CONTRACTOR default in paying any premium when due, OWNER, without prejudice to other remedies set forth in this CONTRACT shall be at liberty to pay such premium and recover the same from CONTRACTOR.

D. Any such insurance requirements are hereby established as the

minimum policies and coverages which CONTRACTOR must secure and keep in force. CONTRACTOR shall, at all times, be free to obtain additional or increased coverage at CONTRACTOR‟s sole expense.

E. The provisions contained within this Article are not intended and do not impair

or in any manner limit the liabilities or obligation assumed by CONTRACTOR as may be set forth more fully elsewhere in this CONTRACT.




43.00 LABOUR LAWS

CONTRACTOR shall comply with any and all laws, ordinances, regulations and decisions of courts (which shall be deemed to be a part of this CONTRACT) concerning the health, sanitary arrangements, wages, welfare, safety and employment of any and all of his workers upon the work site or any portion thereof and shall exclusively bear the consequences of failure to comply therewith. CONTRACTOR shall indemnify and hold ENGINEER and OWNER harmless from any claims, fines or penalties which may be made against ENGINEER or OWNER as a result of CONTRACTOR‟s failure to fulfill these obligations.

Without limiting the generality of the foregoing, CONTRACTOR shall fully comply with the following:

A. CONTRACTOR shall not employ children below the age stipulated under

law.

B. Minimum Wages Act: CONTRACTOR shall comply with the provisions of the Minimum Wages Act and any Rules made thereunder by any Government in respect of all employees employed by him in carrying out this CONTRACT. CONTRACTOR shall pay the employees wages not less than the minimum rates of wages, if any, fixed by such Government for that Category (including wages, payable for weekly holidays contemplated under the Minimum Wages Act).

CONTRACTOR, subject to the authority given to ENGINEER under the paragraphs of this Article and subject to OWNER‟s right to control access to the project, shall have full control of labour employed by CONTRACTOR on or about the work, with the power to employ and discharge and CONTRACTOR shall fulfil his obligations to pay or cause to be paid wages or compensations made applicable by any laws, ordinances or regulations promulgated by the Government of India or any State Government or local authorities. In the event of failure of CONTRACTOR to disburse wages due to his own and sub-contractors labour, the OWNER reserves the right to effect such payments directly and adjust the same against amount due to the CONTRACTOR.

CONTRACTOR shall, at all times indemnify OWNER against all claims arising out of provisions of such Minimum Wages Act and any Rules framed thereunder as admissible in respect of any workman employed by CONTRACTOR in carrying out this CONTRACT and against all costs and expenses incurred by OWNER in connection with and without prejudice to other means of recovery. OWNER shall be entitled to deduct from any moneys due or to become due to CONTRACTOR (whether in this CONTRACT or any other Contract) all money paid or payable by OWNER by way of wages and other dues (including compensation, penalty, if any, imposed for committing breach of any provision of any such act by CONTRACTOR)




in connection with any claim thereto and CONTRACTOR shall abide by the decision of OWNER as to sum payable by CONTRACTOR under the provisions of this paragraph.

CONTRACTOR shall ensure payment of minimum wages not only as existing at the time of award but also as may be notified by statutory authorities.

C. CONTRACTOR shall comply with all the provisions of the Contract Labour

(Regulation and Abolition) Act and the Rules made thereunder. CONTRACTOR shall get his establishment registered and/or obtain Licence, as the case may be, from the authorities declared under the said Act and Rules and intimate OWNER before starting the work under this CONTRACT. If CONTRACTOR fails to obtain the licence before commencement of the work, ENGINEER/OWNER shall have the right to terminate this CONTRACT without any reference to CONTRACTOR and in such case CONTRACTOR shall be liable to pay all the expenditure and cost incurred or may be incurred owing to cancellation of this CONTRACT.

CONTRACTOR shall ensure, as provided in the said Act, that the disbursement of wages to his direct and indirect labour is made in the presence of the authorized representative of OWNER. CONTRACTOR shall give for this purpose prior notice to the authorized representative of OWNER at least 48 hours prior to the time of actual payment of wages regarding the date, place and time at which the disbursement of wages is to be made for his direct and indirect labour. CONTRACTOR shall also ensure that the payment to his indirect labour is made on the same date and time and at the same place where his direct labourers are paid. Further, the payment of wages by CONTRACTOR to his direct labourers shall be made only on working days and only at this place of work and not otherwise. In case the total strength of the direct and indirect labourers of all the work that CONTRACTOR is executing exceeds at any time the strength of the workers specified in his licence, it shall be CONTRACTOR‟s responsibility to ensure that his licence is modified for the increased strength prior to the engagement of such additional direct and indirect labourers.

D. CONTRACTOR shall, at all times, indemnify OWNER against all claims for

compensation under the provision of the Workman‟s Compensation Act 1923 (viii of 1923) or any other law for the time being in force by or in respect of, any workmen employed by CONTRACTOR in carrying out this CONTRACT and against all costs and expenses or damages incurred by OWNER in connection there with and without prejudice to any other means of recovery. OWN ER shall be entitled to deduct from any money payable to CONTRACTOR (whether under this CONTRACT or any other contract) all money paid or payable by OWNER by way of compensation aforesaid or for costs or expenses in connection with any claim thereto and CONTRACTOR shall abide by the decision of OWNER as to the sum payable by CONTRACTOR under the provisions of this paragraph.




E. In respect of labourers directly or indirectly employed on the work, CONTRACTOR shall provide at his costs, reasonable facilities for securing proper working and living conditions such as water supply, lavatories, bathing places, cleanliness etc. Where women labour is employed, urinals and lavatories shall be provided separately by CONTRACTOR for male and female workers as well as crèches for the infant children of women labourers. Labourers engaged on hazardous jobs and occupations shall be provided with necessary safety appliances by CONTRACTOR free of charge. CONTRACTOR shall provide hutments for labourers employed on the work.

F. CONTRACTOR‟s establishment will be subject to inspection, investigation

etc., by ENGINEER/OWNER for assuring proper and faithful compliance of the provision of this CONTRACT by CONTRACTOR with regard to the implementation of Labour Laws and other matters anticipated herein. CONTRACTOR shall abide by the decisions and orders of ENGINEER/OWNER with regard to any such mailer and furnish, if required, necessary compliance report within the stipulated time.

G. CONTRACTOR shall be responsible for the observance of the provisions of this

clause by subcontractors employed by him in the execution of this CONTRACT. H. H CONTRACTOR shall comply with the provisions of the Payment of Wages Act,

1936 and Rules made thereunder in respect of all employees employed by him in carrying out this CONTRACT.

I. CONTRACTOR shall comply with all the provisions of Employees Provident Fund and

Misc. Act 1952, Rules and Schemes made thereunder. CONTRACTOR shall get his establishments covered under the said Act, Rules and Schemes made thereunder and intimate to the OWNER the Account Number allotted or any other arrangement approved by the concerned authorities before starting working under this Contract. If CONTRACTOR fails to comply the aforesaid before commencing the work, ENGINEER/OWNER shall have the right to terminate this CONTRACT without any reference to the CONTRACTOR and in such cases, the CONTRACTOR shall be liable to pay to the ENGINEER/OWNER all the expenses and cost incurred or may be incurred owing to the cancellation of this CONTRACT. The ENGINEER/OWNER shall also have the right to recover any penalties levied by the concerned authorities for any failure on the part of the CONTRACTOR,

J. The CONTRACTOR shall comply with all the Provisions of the Factory Act, Rules and Regulations made thereunder.

K. The CONTRACTOR shall comply with all the provisions of the Maternity Benefit Act 1961 and Rules made thereunder in respect of female workers, if any engaged by them.




L. The CONTRACTOR shall furnish all the information required by the OWNER monthly or at such intervals to enable the OWNER to satisfy himself that all labour and welfare measures prescribed by Law have been fulfilled by the CONTRACTOR from time to time.

44.00 CONFIDENTIALITY: TITLE TO DRAWINGS AND TECHNICAL DOCUMENTATION

A. Title to all technical data including, but not limited to, Specifications, Drawings,

Bills of materials, How Diagrams, Layout details and the contents thereof, furnished by ENGINEER to CONTRACTOR shall remain with ENGINEER or with OWNER as the case may be.

1. Such data shall not be used or divulged to others by CONTRACTOR

except to the extent necessary in connection with CONTRACTOR‟s performance hereunder.

2. CONTRACTOR shall use his best efforts to prevent any disclosure of such

data to others by CONTRACTOR‟s personnel and shall take all reasonable steps necessary to prevent such disclosures.

3. At ENGINEER‟S request, any Specifications, Drawings or other technical

data furnished to CONTRACTOR by ENGINEER shall be returned to ENGINEER/OWNER upon

a) Complete or partial termination, as provided for herein, of CONTRACTOR‟s services:

or, b) Completion of the Work.

B. CONTRACTOR shall not have any title in Specifications, Drawings, Bills of

materials, Diagrams, Reports, Layout details, Memorandum as well as any other technical data and the contents thereof whether prepared by ENGINEER or CONTRACTOR and ENGINEER/ OWNER, as the case may be, shall have the full title thereof, such materials and data shall not be used or divulged to others by CONTRACTOR except to the extent necessary in connection with CONTRACTOR‟s performance hereunder.

C. The provisions relating to confidentiality of technical data as set forth above

shall not apply to technical data which

1. In the case of data furnished to CONTRACTOR by ENGINEER were known to CONTRACTOR prior to the time they were furnished in and in the case of data prepared thereunder or by any third party under CONTRACTOR‟s direction, were known to CONTRACTOR or such third party prior to their preparation hereunder (except if CONTRACTOR and/or




such third party are prohibited from disclosing such technical data by separate prior agreement) ; or

2. Is or later becomes generally available to public; or

3. Is received from third parties having a bonafide right to make such disclosure.

D. CONTRACTOR, before making disclosure to third party of any of the

information referenced in this Article, shall obtain a written commitment from such third party to abide by the provisions of this Article, Such commitments shall be approved by ENGINEER and shall expressly set forth the provisions contained in this Article and shall be signed by such third party,

E. No part of this CONTRACT nor any information relating to the project or any

portion thereof shall be made public by CONTRACTOR in any manner without the prior review and written consent of ENGINEER. In addition, CONTRACTOR shall not make public any information related to the progress of the work or any portion thereof.

F. Obligations arising under this Article shall survive complete termination of this CONTRACT.

45.00 CO-OPERATION WITH OTHER CONTRACTORS

45.01 CONTRACTORS and his sub-contractors, if any, shall co-operate with

OWNER/ENGINEER and other contractors on the project and shall so carry out their work so that other Contractors shall not be hindered, delayed or interfered with, in the progress of their work and so that the Work shall be properly and expeditiously completed. CONTRACTOR shall also plan his operations as to avoid interefence with the operations of OWNER or other Contractors or sub-contractors on the work site any portion thereof or other items of work in the area. Where precedence of the work between various Contractors is involved, the decision of ENGINEER/OWNER shall be final and without recourse.

46.00 STORAGE

46.01 CONTRACTOR shall provide or cause to be provided all storage yards, transit sheds

and warehouses necessary for the performance of his work at locations approved by ENGINEER / OWNER. Material supplies, equipment and plant stored by CONTRACTOR shall be effectively protected against pilferage and against damage by the elements. CONTRACTOR shall adopt all procedures, maintain all personnel and keep all records so that at all times CONTRACTOR can account for

- store receipts - storage locations




- inventories - disbursements - final destinations

of all stored items received for CONTRACTOR‟s work on the Works or/ and portion thereof.

47.00 PRIVILEGES

47.01 CONTRACTOR shall also pay, satisfy and discharge liens and all claims, obligations

and liabilities which may be asserted against ENGINEER or OWNER or his property by reason of or as a result of any acts or omissions of CONTRACTOR, his employees, representatives, licencees or suppliers or his subcontractors, in connection with or relating to the performance of this CONTRACT.

48.00 INVENTIONS AND PATENTS

A. If any officer or employee of CONTRACTOR, during the performance of the

Work, makes any invention directly related to the project, such invention shall be promptly disclosed to ENGINEER and OWNER.

B. CONTRACTOR agrees to indemnify, save and defend harmless

ENGINEER/OWNER from and against any and all suits, legal proceedings, claims, demands, damages, costs and attorney‟s fees incidental to any infringement or to any claimed infringement of any patent or patents in the manufacture, sale or use of any materials or apparatus furnished by CONTRACTOR under this CONTRACT. ENGINEER and/or OWNER may be represented in any such or legal proceedings by attorneys of their own selection.

49.00 REPORTS AND RECORDS

A. Within Fifteen (15) days of the award, Contractor shall submit to

ENGINEER/OWNER, CONTRACTOR‟s programme, the content and form of which shall be satisfactory to OWNER / ENGINEER, showing the order of procedure and method in which he proposes to carry out the work and time limit and sequence of carrying out the work and shall, whenever required by ENGINEER/OWNER, furnish for his information particulars in writing of CONTRACTOR‟s arrangements for the carrying out of the Work and constructional plant and temporary works which CONTRACTOR intends to supply, use or construct as the case may be, The approval by ENGINEER/OWNER of such programme or the furnishing of such particulars shall not relieve CONTRACTOR of any of his duties or responsibilities under this CONTRACT.




B. CONTRACTOR shall submit to ENGINEER/OWNER by the Fifth (5) day of each month for each part of his Work under this CONTRACT and in summary.

1. A month by month forecast and a historical record upto completion of his

requirements and actual use of:

- manpower by craft, type and position or other description.

- materials and supplies including quantity on hand and delivery status.

- construction equipment and plant furnished by CONTRACTOR.

2. A month by month forecast upto completion of the amount of work done and the amount remaining to be completed and all historical record of the work performed.

3. Such other reports as ENGINEER/OWNER may from time to time specify.

50.00 MEASUREMENTS

A. The mode of measurement shall be in accordance with Bureau of Indian Standard Specifications as laid down in BIS 1200 unless otherwise specified to the contrary. In the event BIS does not specify any mode of measurement for a particular item of work, the same shall be measured as directed by ENGINEER/OWNER.

B. ENGINEER shall, unless otherwise stated, ascertain the value and work done in accordance with this CONTRACT. ENGINEER shall, when he requires any part or parts or the work to be measured, give notice to CONTRACTOR who shall forthwith attend or send a qualified agent to assist ENGINEER or ENGINEER‟s representative in making such measurement and shall furnish all particulars required by either of them. Should CONTRACTOR not attend or neglect or omit to send such agent, then the measurement made by ENGINEER or approved by him shall be taken to be the correct measurement of the work.

C. RECORDS OF MEASUREMENTS

I. Progress payments of all Work in place will be on the basis of measurement

sheet/books.

II. All pages of measurement books/sheets shall be machine numbered. All receipts and issues of measurement books/sheets shall be recorded in a register. The eventual return of all measurement books/sheets shall be recorded and carefully preserved.




D. DETAILED MEASUREMENT

All measurement shall be neatly written on the measurement books/sheets. Each set of measurments shall commence with entries stating

a) Full Name of Work as given in the Contract. b) Location of work. c) Name of CONTRACTOR. d) Date of CONTRACT entered into with CONTRACTOR. e) Date of Commencement of work, f) Date of completion of work. g) Date of measurement.

At the end of measurements, dated signature, designation of the person, who recorded the measurements shall be made.

E. CONTRACTOR‟s SIGNATURE ON MEASUREMENT BOOK

51.00 T A XES

Measurements entered in the Measurement Book shall invariably be signed by CONTRACTOR or his authorised agent in token of his acceptance. Should CONTRACTOR fail to sign, ENGINEER shall note this in such Measurement Book and the measurements recorded by ENGINEER shall be final and binding on and conclusive to the Parties. 51.01 CONTRACTOR shall pay all contributions, fees, taxes and premiums payable under

all applicable laws relating to the employment and/or measured upon the payroll of employees engaged in the performance of work under CONTRACT and all sales tax, excise, octroi, royalty, transportation, privilege, occupational and other taxes and duties applicable to Equipment, materials and supplies furnished or work performed which CONTRACTOR is required by law to pay and shall keep harmless OWNER from liability for such contributions, premiums and taxes. Under no circumstances shall CONTRACTOR be reimbursed for any income taxes or corporate taxes, fees or levies.

52.00 AUDIT

A. CONTRACTOR‟s accounts, related to the Work or any portion thereof shall be

available for audit by designated representatives of OWNER at all reasonable times.




B. Such representatives shall at all times be afforded proper facilities for inspection of CONTRACTOR‟s accounts and shall have access to CONTRACTOR‟s premises, work and materials, records, ledgers and vouchers of every description pertaining to CONTRACTOR‟s performance of this CONTRACT.

53.00 INDEPENDENT CONTRACTOR

53.01 In the performance of the work, CONTRACTOR shall act as an independent

Contractor and not as agent or employee of ENGINEER or of OWNER. 54.00 ASSIGNMENT

A. CONTRACTOR shall not assign this CONTRACT or sublet it in whole or in

part without prior written consent of OWNER, nor shall CONTRACTOR assign any moneys due or to become due hereunder without the prior written consent of OWNER. Any permitted assignment of subletting under this CONTRACT shall not release CONTRACTOR from his obligation to perform and any assignee or sub-contractor shall be considered the agent of CONTRACTOR and, as between the parties, hereto, CONTRACTOR shall be and remain liable as if no such assignment or subletting had been made.

B. Without restricting the foregoing, CONTRACTOR hereby agrees and

undertakes to include in his contract(s) with sub-contractor(s), in their essence, all the terms and conditions of this CONTRACT.

55.00 FORCE MAJEURE

A. Any delay, in or failure of performance of the CONTRACT by CONTRACTOR

or OWNER shall not constitute defaults by such party or give rise to any claim for damages against it, if and to the extent such delay or failure of performance is caused by acts of God, acts of war or hostilities, acts or omissions of Government, invasion, revolution, civil commotion, blockade, embargo, sabotage, fires, severe earth quakes, typhoons, cyclones, lightning, plague, epidemic or other act, omission or circumstances, (excluding monsoon) which are beyond the reasonable control of the parties affected which they could not have reasonably foreseen and guarded against and which by exercise of reasonable care and diligence, they are unable to prevent (hereinafter referred to as Force Majeure). ENGINEER/OWNER shall be the sole judge to decide whether or not an event is Force Majeure and decision is final and binding. Monsoon season is not considered a FORCE MAJEURE event.




B. The party affected by the occurrence of the event of Force Majeure shall promptly notify within 10 days of such occurrence to the other part hereto at its commencement and termination along with the copies of any documents, if any, showing the existing or termination of such event and its effect on the WORK. Delay occasioned by Force Majeure shall give rise to an extension of the time for performance of either party obligations under this CONTRACT commensurate with such delay.

C. Should CONTRACTOR or OWNER be prevented from fulfilling his obligations

as provided for under this CONTRACT by the existence of a cause of Force Majeure lasting continuously for a period of forty five (45) days, the party which is so prevented shall prior to the termination of the Force Majeure condition and after the expiry of the said period of forty five (45) days have the option to terminate this CONTRACT without further liability to either party, except that CONTRACTOR shall be paid for the work performed upto the date of such termination.

56.00 TERMINATION

Except as otherwise provided in Article 34, conditions under which the work may be caused to be completed, which Article, if applicable shall expressly, supersede the provisions of this Article, if either party hereto commits a breach of any of the terms and provisions contained in this CONTRACT and required to be observed/complied with on its part other than delay in payment or non-payment by OWNER and CONTRACTOR of any amounts when due, the party affected by such breach shall notify the other party of such breach and the party committing the breach shall have fifteen (15) clear days from the receipt of such notice to correct or commence action to correct such breach.

1. If the party committing the breach fail or neglect to remedy or commence action

to remedy such breach within the said fifteen (15) clear days from the date of service of the notice as aforesaid, the party affected by the breach may thereafter serve on the party committing the breach a written notice of seven (7) clear days terminating this CONTRACT.

2. In the event of termination of this CONTRACT by OWNER, as aforesaid,

OWNER subject to the provisions of paragraph (3) below shall pay to CONTRACTOR such amounts as may remain due and outstanding at the time of such termination in accordance with the terms and provisions of this CONTRACT.




3. If this CONTRACT is terminated by OWNER on account of breach of any of its terms and provisions which CONTRACTOR failed to remedy in spite of notices having been given to them as aforesaid, OWNER shall be entitled to make a claim on, and demand payment in respect thereof from CONTRACTOR for damages (including liquidated damages / consequential damages) arising as a result of such breach. For the purpose aforesaid, OWNER shall be entitled to deduct or retain amounts for such damages from moneys payable to CONTRACTOR any amount payable or which may become payable to CONTRACTOR in accordance with the terms and provisions of this CONTRACT.

4. If this CONTRACT is terminated by CONTRACTOR on account of breach of

any of its terms and provisions which OWNER failed to remedy in spite of notices having been given to him as aforesaid, CONTRACTOR shall be entitled to make claim and demand payment in respect thereof from OWNER for actual damages arising as a result of such breach.

5. OWNER shall have the right to terminate this CONTRACT hereunder on

fifteen (15) clear days notice without assigning any reason therefor, in which event OWNER will pay CONTRACTOR for all work performed upto the date of such termination in accordance with the Award. Such work performed shall be documented to the satisfaction of OWNER and OWNER shall take full credit for any amounts previously paid to CONTRACTOR. OWNER shall not pay or be liable to pay any damage or other claim by CONTRACTOR for his expected profit or interest on the value of the uncompleted items of Work and CONTRACTOR hereby waives any right of action in damages or otherwise against OWNER by reason of such termination.

57.00 MISCELLANEOUS

A. CONTRACTOR shall, at his own cost, provide the material for and execute all

temporary shoring, timbering and strutting and such other structures as are necessary during the execution of Work for stability and safety of all structures, excavations and work such that no damage, injury or loss is caused or likely to be caused to any person or property.

B. CONTRACTOR shall, at his own cost, provide such sheds, store

houses as OWNER/ ENGINEER may consider necessary for storing of materials and shall also, at his own cost provide all construction equipments.

C. Any demurrage charges that may be incurred owing to CONTRACTOR‟s failing

to unload or load the same on being called upon to do so, unload his own materials and equipments booked in the name of the OWNER will be debited to CONTRACTOR‟s account and shall be paid by him to the proper officer on demand or deducted from any sum which may be due to him from OWNER.




D. When work is being carried out in or around a running plant where the

plant must run uninterrupted, CONTRACTOR can only work at specified places and times mutually arranged. Progress of Work in certain areas might have to be expedited as required by ENGINEER/OWNER.

E. The use or sale of ardent spirits or other intoxicating beverages upon the work

spot and any other unlawful activities are strictly forbidden and CONTRACTOR shall strictly comply with these conditions.

F. Except where otherwise specified, CONTRACTOR, shall pay all tollage and

other royalties, rent and other payments or compensation (if any) for getting stone, sand, gravel, clay or other materials required for the Work or temporary works or any of them.

G. All operations necessary for the execution of the Work and for the construction

of any temporary works shall so far as compliance with requirements of the CONTRACT permits, be carried on so as not to interfere unnecessarily or improperly with the public convenience or the access to use and occupation of public or private roads, railway tracks and footpaths or to or of properties whether in the possession of OWNER or any other person and works of other Contractors and CONTRACTOR shall save harmless ENGINEER/OWNER and indemnify ENGINEER/OWNER in respect of all claims, demands, proceedings, damages, costs, charges and expenses whatsoever arising out of or in relation to any such matters.

H. CONTRACTOR shall use every reasonable means to prevent any of the

highways or bridges communicating with or on the routes to project from being subjected to extraordinary traffic of CONTRACTOR or any of his sub-contractors and in particular, shall select routes and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant materials and equipment from and to the project shall be limited so far as reasonably possible and so that no unnecessary damage or injury may be occasioned to such highways and bridges. Damages, if any, shall be rectified by the CONTRACTOR at his own cost.

I. Where the nature of the work is such as to require the use by

CONTRACTOR of waterborne transport, the foregoing provisions of this clause shall be construed as though highway included a lock, dock, seawall or other structural related to a waterway and vehicles included craft and shall have effect accordingly.




J. CONTRACTOR shall, in accordance with the requirements of ENGINEER/ OWNER, afford all reasonable facilities for any other contractors employed on the project and their workmen and for the workmen of OWNER and of any other properly authorised authority or statutory body, who may be employed in the execution on or near the location of any work not included in this CONTRACT or of any contract which ENGINEER/OWNER may enter into in connection with or ancillary to the project.

K. Should the general conduct of the work, including the premises of OWNER

under occupation of CONTRACTOR lead to infringement of the Indian Penal Code, either in consequence of the riotous or illegal proceedings of CONTACTOR‟s labour, supervising staff of others to such an extent as to necessitate the employment of Special Police or Magistrate, the cost of such extra force is to be defrayed by CONTRACTOR and not by ENGINEER / OWNER.

L. CONTRACTOR must take sufficient care in moving his construction plants and

Equipments from one place to another so that they may not cause any damage to the property of ENGINEER/OWNER or other person particularly to the overhead and underground cables and, in the event of his failure to do so, the cost of such damages, including eventual loss of working hours on any work as estimated by OWNER/ ENGINEER, is to be borne by CONTRACTOR.

M. All fossils, coins, articles of value or antiquity and structures and other

remains or things of geological or archeological interest discovered on the site shall be, as between OWNER and CONTRACTOR deemed to be absolute property of OWNER and CONTRACTOR shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article and shall immediately, upon discovery thereof and before removal acquaint OWNER / ENGINEER of such discovery and carry out OWNER / ENGINEER‟s orders as to the disposal of the same.

58.00 GOVERNING LAWS

58.01 This CONTRACT shall be governed and interpreted in accordance with the Laws in

India. Any provision, required to be included in a contract of this type by any applicable and valid law, ordinance, rule or regulation, shall be deemed to be incorporated herein.




59.00 SETTLEMENT OF DISPUTES

A. If at any time any question, disputes or difference of whatsoever nature shall arise between the Owner and the Contractor upon or in relation to or in connection with the Contract, either party may forthwith give to the other notice in writing of the existence of such question, dispute or difference and the same other than the questions, disputes or differences for the decision of which specific provisions have been made in the foregoing Articles of these conditions hereinafter referred to as “Excepted Matters” and the decision of such “Excepted Matters” according to the said provisions shall be final and binding on the Parties shall be referred to Arbitration by a sole arbitrator to be appointed by the Chairman cum Managing Director / Managing Director of the Owner or any person acting in such capacity.

B. When the Sole Arbitrator withdraws from his office for any reason

whatsoever, he shall be replaced by the Chairman cum Managing Director/ Managing Director of the OWNER or any person acting in that capacity. The arbitral proceedings shall continue from that stage onwards and the earlier hearings shall not be repeated.

C. The language to be used in the arbitration proceedings shall be English.

D. The award of the arbitrator shall be final, conclusive and binding on the Parties.

E. The provisions of Arbitration and Conciliation Act, 1996 and the Rules

there under and amendments thereto in force shall be applicable to this Contract.

F. The Venue of Arbitral Proceedings shall be only in Bangalore, India.

G. Only courts in Bangalore shall have jurisdiction regarding the matters relating to this arbitration.

60.00 NOTICES

60.01 Any written notices or other documents or drawing required by this CONTRACT

shall be sent by Registered Post, Postage prepaid or by cable or Telex, fax, courier, charges prepaid or hand delivered and shall be forwarded to the respective Address set forth below unless another address is substituted by written notice:

FOR OWNER:




FOR ENGINEER

FOR CONTRACTOR:

WITH A COPY TO: 61.00 AMENDMENTS

61.01 This CONTRACT may be amended by a writing specifically made in this behalf

which shall be mutually agreed upon and duly signed by the authorised representatives of the parties hereto.

62.00 WAIVER OF BREACH

62.01 Any failure by OWNER or ENGINEER, at any time or from time to time, to enforce

or require the strict keeping and performance by CONTRACTOR of any of the terms or conditions of this CONTRACT shall not constitute a waiver by OWNER or ENGINEER of a breach of any such terms or conditions and shall not affect or impair such terms or conditions in any way, or the right of OWNER or ENGINEER at any time to avail itself of such remedies as it may have for any such breach or breaches of such terms and conditions.

63.00 ENTIRE CONTRACT

63.01 This CONTRACT and any annexures attached hereto or documents referred to

herein shall constitute the entire CONTRACT and understanding between the parties hereto as to the subject matter hereof and shall supersede all prior agreements/CONTRACTS, negotiations and Letter of Intent, whether written or oral, pertaining to this Work and either party shall be bound by any conditions, definitions, warranties or representations with respect to the subject matter of this CONTRACT, otherwise than as expressly provided herein.

-----




FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT To The KIOCL Limited., Second Block, Koramangala, OR New Mangalore Port, OR Kudremukh, Bangalore - 560 034. Panarnbur, Chickmagalur Dist. 575 142.

Mangalore - 575010

In consideration of KIOCL Limited (hereinafter referred to as "Company") agreeing to pay to M/s…………………………………… (hereinafter referred to as, "Contractor") a sum of Rs ………………………… (Rupees ……………………………………..……… only) as and by way of advance in terms of Order No…………….. dated………………………………………… (hereinafter referred to as "Contract") on production of Bank Guarantee by the Contractor for Rs………. (Rupees........ only) we, ...................... (hereinafter referred to as "the Bank") do hereby covenant and agree with the Company as follows:

1. We hereby guarantee the payment to the Company the said advance of

Rs…………………… (Rupees………………………………………………………………………… only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered or that may be caused to or suffered by the Company by reason of any breach by the said Contractor of any of the terms and conditions contained in the said Contract.

2. Not withstanding anything contained hereunder, we

……………………………………… hereby unconditionally and irrevocably undertake to pay to the Company to the extent of Rs………………… (Rupees. ……………………………………………... only) plus interest thereon at 15.5 percent per annum from the date of demand till payment without any demur merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Contractor of any of the terms and conditions contained in the said Contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs . …………….. ( Rupees......................…………… only) and interest thereon as mentioned above from the date of demand till payment.




3 Our liability under this present Guarantee is absolute and unequivocal and we undertake to pay the Company the amount so demanded notwithstanding the Contractor raising any dispute and/or disputes or filing any suit or proceeding before any Court or Tribunal Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment hereunder.

4. We…………………………..further agree that the Guarantee herein contained shall

remain in full force and effect during the period that would be taken for the performance of the said Contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said Contract have been fully paid and its claims satisfied or discharged and till the Company certifies that the terms and conditions of the said Contract have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before …………………………… we shall be discharged from all liability under this Guarantee thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the

Company and shall continue to be enforceable till....... Should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of the Guarantee failing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and / or the Company has or has not terminated the Contract or preferred any claim against the Contractor.

6. We, ………………………………………………… further agree with the Company that

the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Contract or to extend time of performance by the said Contractor from time to time or to postpone for any time or from time to time exercise of any of the powers exerciseable by the Company against the said Contractor and to forbear or enforce any of the terms and conditions relating to the said Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor or for any indulgence by the Company to the said Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or

by your taking or varying or giving up any securities from the Contractor or any other person, firm or Company on its behalf or by the change in the constitution, the winding up, dissolution, insolvency or death as the case may be of the Contractor.




8. In order to give full effect to the Guarantee herein contained, you shall be entitled to act as if we were your principal debtors in respect of all your claims against the Contractor hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights, if any, which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We …………………………………………………………… also undertake not to revoke

this Guarantee during its currency except with the previous consent of the Company in writing.

Dated the ....................................... day of............... . 20

For

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

.............. ........... (indicate the name of Bank)

IMPORTANT NOTE


1. The Bank Guarantee should be on non-judicial stamp paper having a value as per Rules in

force.

2. The stamp paper should be purchased in the name of the Bank, who give the Guarantee and not in the name of the Contractor.



5. If any correction is made on the Guarantee, the same should be endorsed by the Bank

with its official seal.




FORMAT NO. KIOCL/B/TS/QF-03/REV-1

FORM OF BANK GUARANTEE FOR SECURITY DEPOSIT

In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No...................... Dated............... made between .................... And .................. for ............. (hereinafter referred to as „contract‟) of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs......... (Rupees..........................only).





3. Our liability under these presents is absolute and unequivocal and we undertake to pay to

the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or other Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4. We.............................further agree that the guarantee herein contained shall remain in




full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before..........................., we shall be discharged from all liability under this Guarantee thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the

Company and shall continue to be enforceable till.........................should it be necessary to extend Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company, and such extension shall be given one month before the expiry of this Guarantee filing which the amount covered under this Guarantee shall become forthwith payable, notwithstanding that the Contract is continuing and /or the Company has or has not terminated the Contract or preferred any claim against the Supplier (s) Contractor(s).

6. We................................. further agree with the Company that the Company shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.



8. In order to give full effect to the Guarantee herein contained you shall be entitled to act

as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/ SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.





Dated the ............................. day of ................................ 20

For.......................................................................................... (Indicate the name of Bank)

IMPORTANT NOTE

The following Points should be taken care of while submitting the Bank Guarantee:-

1. The Bank Guarantee should be on non-judicial stamp paper having a value of

Rs.200/-or as applicable in the State of Karnataka.

2. The stamp paper should be purchased in the name of the Bank, who give the guarantee and not in the name of the Supplier.

3. The Bank Guarantee should be strictly as per the profoma.

4. The Bank Guarantee should be from any of the Nationalised Bank, Scheduled Bank or any other bank

Acceptable to owner

5. If any correction is made on the guarantee the same should be endorsed by the Bank with its official seal.




FORMAT NO. KIOCL/B/TS/QF-04/REV-O

FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

In consideration of KIOCL Limited (hereinafter called "Company") having agreed to exempt................. (hereinatter called the said "Bidder") from demand under the terms and conditions of the tender documents vide No dated of Earnest Money Deposit for the due fulfilment by the said Bidder of the terms of conditions contained in the tender document on production of Bank Guarantee of Rs ……………………………….. (Rupees …………..……………………. ………………………. only).

1. We, ....................................................... …… (hereinafter referred to as "the Bank") at the request of Bidder do hereby guarantee the payment to the Company an amount not exceeding Rs…………. (Rupees………………………………………………. only) and interest thereon at 15.5 percent per annum from the date of demand till payment against any loss or damage caused to or suffered, would be caused to or suffered by the Company by reason of any breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents.

2. We, ……………………………… do hereby unconditionally and irrevocably undertake to pay to the Company an amount to the extent of Rs…………… (Rupees ……………………………………………… only) and interest thereon at 15.5 percent per annum from the date of demand till payment without any demur, merely on a demand from the Company slating thai the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Bidder of any of the terms and conditions contained in the said Tender Documents. Any such demand made on the Bank shall be conclusive as regards the amount due and pa yable by the Bank under this Guarantee. However. our liability under this Guarantee shall be restricted to an amount not exceeding Rs…………………… (Rupees. …….……………………only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under this present Guarantee is absolute and unequivocal and we

undertake to pay the Company the amount so demanded notwithstanding the Bidder raising any dispute and/or disputes or filing any suit or proceeding before any court or tribunal or other Authority. The payments so made by us under this Guarantee shall be a valid discharge of our liability for payment thereunder and the Bidder shall have no claim against us for making such payment.

4. We, . .................................................................. further agree that the Guarantee

herein contained shall remain in full force and effect during the period as required by the Company. Unless a demand or claim under this Guarantee is made on us in writing on or before……………………………, we shall be discharged from all liability




under this Guarantee thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the Company and shall continue to be enforceable till …………………… Should it be necessary to extend this Guarantee beyond the said date, we undertake to extend the validity of this Guarantee for such further period as may be required by the Company and such extension shall be given one month before the expiry of this Guarantee, failing which the amount covered under this Guarantee shall become forthwith payable.

6. We, ...................................... ……….. further agree with tile Company that the

Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Tender Documents or to extend time of finalising the bid from time to time and to forbear or enforce any of the terms and conditions relating to the Tender Documents and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Bidder or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Bidder or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or

by your taking or varying or giving up any securities from the Bidder or any other person, firm or Company on its behalf or by the change in the constitution, winding up, dissolution, insolvency or death as the case may be of the Bidder.

8. In order to give full effect to the Guarantee herein contained, you shall be entitled to act

as if we are your principal debtors in respect of all your claims against the Bidder hereby Guaranteed by us as. aforesaid and we hereby expressly waive all our rights of suretyship and other rights, if any, which are in any way inconsistent with the above or any other provisions of this Guarantee.

9. We, ………………………………………………………………. also undertake not to revoke this

Guarantee during its currency except with the previous consent of the Company in writing. .

Dated the . …………………………….. day of………………………… 20

For ……………………………………………………………………………

(indicate the name of Bank)




IMPORTANT NOTE


1. The Bank Guarantee should be on non-judicial stamp paper having a value as per Rules in force.

2. The stamp paper should be purchased in the name of the Bank, who give the

Guarantee and not in the name of the Bidder.



5. If any correction is made on the Guarantee, the same should be endorsed by the

bank with its official seal. . .

--------



KIOCL/TS/BFU/PDS/PKG-10/F-542/ET-233 GCC for supplies Sheet 1 of 24

GENERAL CONDITIONS OF CONTRACT FOR SUPPLIES (GCC -2) 1.0 DEFINITIONS

As used herein and any Contract documents, the following words shall have the following meanings.

1.1 “OWNER/PURCHASER” shall mean KIOCL Limited, a Government of India Enterprise having its registered Office at II Block, Koramangala, Bangalore, Karnataka.

1.2 “SUPPLIER/CONTRACTOR” shall mean the person, firm or body corporate

contracting with OWNER/PURCHASER for the supply to the OWNER/PURCHASER of any equipment, materials, spares/ and / or supplies as per the Contract, and shall be deemed to include Suppliers successors (approved by OWNER) representatives, heirs, executors and administrators, unless otherwise excluded by the Contract.

1.3 “SUB-CONTRACTOR” shall mean any individual, firm or body corporate contracting directly with the supplier and not OWNER to furnish Supplier with any portion of the work, other than the purchase of “off the shelf” items or Pre-fabricated machinery or supplies. Supplier shall remain fully liable and responsible to the owner for the work so sub-contracted as well as for all acts and / or commissions of SUB_CONTRACTORS.

1.4 “CONTRACT” shall mean and include the invitation to Tender, Instruction to Tenderers, the Tender, The General Conditions, the specifications, special Conditions, if any, and the acceptance of Tender/ Purchase Order Issued by OWNER all in respect of supply and delivery of the equipment, materials, spares and / or supplies called for by the SPECIFICATIONS and may also include any agreement if and when signed by and between OWNER and SUPPLIER and includes subsequent changes / amendments, if any.

1.5 “WORK” shall mean and include any and all labour, supervision, service, material, machinery equipment, tools, supplies and facilities required for the supply and delivery by Supplier of the equipment, materials, spares and / or supplies called for by the CONTRACT.

1.6 “TENDERER” shall mean the person, firm or body corporate submitting a Tender

against the invitation to tender and shall include his/its/their executors, administrators, legal representatives successors and permitted assignees.

1.7 “INVITATION TO TENDER”, shall include the specifications instructions to tenderers, the general conditions etc.

1.8 “TENDER” shall mean the formal quotation submitted by a tenderer proposing to

perform the work requested in the invitation to tender issued by OWNER.

1.9 “PATICULARS” shall mean and include.




1.9.1 Specifications: 1.9.2 Drawings: and 1.9.3 Proprietary mark or designated pattern denoting the product of an individual, firm

or body corporate. 1.10 “SPECIFICATIONS” shall mean and include the schedules, detailed designs,

statements of technical data’, performance and characteristics etc., relating to the work.

1.11 “INSPECTOR” shall mean any person nominated by owner and the said person nominated shall also ascertain the position of deliveries and expedite the same under the contract and periodically and finally inspect the work.

1.12 Words denoting “PERSON” shall include firms, companies, corporations, associations or bodies of individuals whether incorporated or not. Words denoting masculine gender or singular number shall also include the feminine gender and plural number and vice-versa where the CONTRACT so requires or permits. The words ‘ including” and include(s) as used herein are not to be construed as words of limitation unless the context otherwise requires or unless as contrary intention otherwise appears in the matter.

2.0 AUTHORITY OF PERSON SIGNING DOCUMENT 2.1 A person signing the Tender or any other documents forming a part of the Contract

on behalf of another shall be deemed to warrant that he has authority to bind such other and if, on enquiry, it appears that the person so signing had no authority to do so, OWNER may without prejudice to other civil and criminal remedies, cancel the contract and hold the signatory liable for all costs and damages. Any person so signing shall give satisfactory evidence of his authority.

3.0 SECURITY DEPOSIT 3.1 SUPPLIER shall within fifteen days of receipt of OWNER’s acceptance of tender,

deposit with the OWNER a security deposit equal to Ten percent (10%) of the CONTRACT value in any one of the following forms:

3.1.1 Cash or Demand Draft payable at Bangalore. 3.1.2 Bank Guarantee as per Annexure-I hereto from any Indian Nationalised Bank,

Scheduled Bank or any other established Bank acceptable to the OWNER. 3.2 The Bank Guarantee shall be for the due and faithful performance of the

CONTRACT BY SUPPLIER and shall remain binding, notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between OWNER and SUPPLIER under these General Conditions or otherwise and shall be in the form as per Annexure-l (enclosed) and the validity of the Bank guarantee shall be extended form time to time as required by OWNER.




3.3 If SUPPLIER fails to provide the Security Deposit within the period specified, such failure will constitute a Breach of Contract and OWNER shall be entitled to terminate the CONTRACT and to place the Purchase Order elsewhere at SUPPLIER’S risk and cost.

3.4 No interest shall be payable by OWNER on the Security Deposits.

3.5 On due performance and completion by the SUPPLIER of CONTRACT in all

respects the Security Deposit under the said CONTRACT will be returned without any interest thereon after the expiry of the warranty as per clause No.26 herein below.

4.0 RESPONSIBILITY FOR PERFORMANCE OF CONTRACT 4.1 GENERAL

The SUPPLIER shall be entirely responsible for the due performance of the CONTRACT in all respects according to the terms and conditions of the CONTRACT.

4.1.1 Supplies/items supplies shall strictly adhere to the specification stipulated and shall effectively perform its functions for which purpose it is ordered.

4.1.2 Any approval which OWNER and / or INSPECTOR may give in respect of the work

or workmanship involved in the CONTRACT (whether with or without tests carried out by the SUPPLIER / INSPECTOR) shall not absolve the SUPPLIER of this contractual responsibilities and obligations.

4.1.3 Notwithstanding any approval or acceptance given by INSPECTOR, it shall be

lawful for OWNER to reject the equipment, materials, spares and / or supplies if it is found that the equipments, materials, spares and / or supplies delivered and / or work carried out by SUPPLIER is not in conformity with the terms and conditions of the CONTRACT in all respects.

4.2 CO-OPERATION WITH OTHER CONTRACTORS / SUPPLIERS

SUPPLIER shall co-operate with OWNER, other SUPPLIERS and CONTRACTORS including SUB-CONTRACTORS, if any, for any associated plant and shall freely exchange all particulars and technical information with them to obtain the most efficient and economical design and to avoid unnecessary duplication of equipment, materials, spares and / or supplies. No remuneration shall be claimed by SUPPLIER from OWNER for such technical co-operation.




4.3 SUB-LETTING OF CONTRACT

SUPPLIER shall not sub-let, transfer or assign the CONTRACT or any part thereof without the express prior written approval of OWNER, other than the purchase of bought out items normally purchased from outside sources. In the event of SUPPLIER contravening this condition, OWNER shall be entitled to terminate the CONTRACT and to place the work elsewhere at SUPPLIER’S risk and expenses and SUPPLIER shall be liable for any loss or damage which OWNER may sustain in consequence or arising out of such replacing of the work.

5.0 RESPONSIBILITY FOR COMPLETENESS Any equipment, fitting, materials or supplies which may not be specifically mentioned in the SPECIFICATION or drawings but which are usual or necessary for carrying out the works under the CONTRACT within the Scope of the Supply / Work to be executed are to provided for and rendered by the SUPPLIER / CONTRACTOR without extra charge and the equipments / supplies must be complete in all respects.

6.0 QUALITY OF MATERIALS AND WORKMANSHIP 6.1 TENDERER / SUPPLIER shall be deemed to have carefully examined and to have

knowledge of these General Conditions, the PARTICULARS, special conditions, Instructions to Tenderers and other Documents forming the Invitation to Tender / Contract and also to have satisfied himself as to the nature of the work to be executed and other relevant matters and details.

6.1.1 Any information thus had or obtained from OWNER shall not, in any way, relieve

SUPPLIER of his responsibilities under Article 5-0 above. 6.1.2 If SUPPLIER / TENDERER shall have any doubt as to the meaning of any portion

of the Invitation to Tender, SUPPLIER / TENDERER shall, before signing Tender set forth the PARTICULARS thereof and submit them to OWNER in writing, in order that such doubt may be removed.

6.2 The work shall be of the best quality and workmanship according to the latest

engineering practices existing at the time of acceptance of the TENDER and shall be manufactured from materials of the best quality and highest class for the purpose.

6.2.1 Appropriate factors for safety shall be used throughout the design and specially in

the design of all parts subject to varied stresses. 6.2.2 All work shall be performed and completed in a thorough workman like manner

and shall follow the best practice in the light of modern developments in the manufacture of high grade equipments notwithstanding any omission in the SPECIFICATION.




6.2.3 SUPPLIER shall provide the equipments, materials, spares and / or supplies with proper safety devices for protection of workman and shall provide suitable removable safety guards for all exposed moving parts such as Gears, Rollers, Chains, Bells, Brake Wheels, Couplings and the like. SUPPLIER warrants that such work will meet the requirements of and be in conformity with, all applicable laws, rules, regulations and ordinances of the Government of India or any sub-division thereof.

7.0 DRAWINGS 7.1 Drawings required to be furnished by SUPPLIER shall be supplied free of cost to

OWNER. All drawings shall be supplied in five (5) sets unless otherwise specified

7.2 SUPPLIER shall furnish to OWNER, at the earliest for approval by Engineer, general arrangement drawings, erection drawings, electrical diagrams, bill of materials, equipment lists, and any other drawings and diagrams required for a complete and serviceable job, showing work to be completed by SUPPLIER and work to be completed by SUB-CONTRACTOR.

7.3 SUPPLIER shall also furnish to OWNER those specific drawings and any other

details / information as requested by OWNER. 7.4 Drawings submitted under 7.2 and 7.3 above will be reviewed by OWNER and

returned to SUPPLIER signed and stamped either “ APPROVED “Approved as noted; or “not approved Resubmit, “Approved and “Approved as noted”, drawings (following corrections); may then be issued for fabrication / manufacture. “ Not Approved Resubmit” drawings shall be corrected and resubmitted for OWNER’s approval.

7.5 After approval by OWNER or his authorised representative, Supplier shall forward one (1) approved reproducible (sepia) and six (6) copies of approved drawing to OWNER. The approval shall be in the form of duly authenticated stamps with signature on the drawing.

7.6 Approval of SUPPLIER’S drawings by OWNER shall not relieve SUPPLIER from

any responsibility covered by the requirements of the CONTRACT.

8.0 MANUALS 8.1 The SUPPLIER shall deliver free of cost, the following manuals in 6 (6) copies

along with the consignment for all equipments / supplies. 8.1.1 Operating manuals, covering general description, operating principles and

operating procedures. 8.1.2 Maintenance manuals covering preventive and corrective maintenance. 8.1.3 Calibration manuals, if applicable.




8.1.4 Spare parts catalogue for mechanical, electrical and instrumentation portion of equipment.

8.1.5 Any other documentation as required in the specification. 8.2 Manuals shall be printed in English good quality paper and shall be contained in

suitable durable bindings. 8.3 Manuals provided by SUPPLIERS or his SUB-CONTRACTOR/S shall be

completed and shall cover all equipments, materials, spares and / or supplies.

9.0 PROGRESS REPORTS

9.1 Progress reports wherever specified shall be submitted to OWNER once in a month or at frequent intervals in five (5) copies in a form acceptable to OWNER.

9.2 Such progress reports shall indicate, in suitable details, the progress of the procurements of raw materials manufactured both in SUPPLIER’S shops and SUB-CONTRACTOR’S shops, and any other work to be performed by SUPPLIER. Photographs wherever possible shall be submitted.

9.3 The progress reports shall further compare actual versus projected completion

dates and describe current and anticipated problems and delay factors, if any. Report shall also include corrective action taken or proposed to be taken without in any way relieving or affecting the SUPPLIER’S responsibility to deliver the equipments within the stipulated delivery date(s) (period)(s).

10.0 CHANGES 10.1 OWNER shall have the right to make such changes and / or variation in the

SPECIFICATIONS as may be necessary or desirable from time to time during the subsistence of the CONTRACT till the stage of testing and commissioning.

10.2 Prior to commencement of any additional work based on a change in SPECIFICATION as above involving compensating / reduction on the Contract price, SUPPLIER shall submit to OWNER a detailed estimate in writing of the price for such additional / reduced works.

10.3 Upon approval by OWNER, OWNER shall issue to SUPPLIER a written order

covering the changes in work and price, which shall then form part of the CONTRACT. SUPPLIER shall not proceed with any additional work prior to receipt of OWNER’S said written order.

11.0 PRICE 11.1 The prices shall be firm and fixed during the period of CONTRACT. The TENDRER

shall quote on the basis as specified in the Invitation to Tender. The transit insurance shall be covered by OWNER.




11.2 The validity of the quotation should be three (3) months from the due date for opening of TENDER.

11.3 STATUATORY LEVIES 11.3.1 Sales Tax, VAT, Excise Duty and other statutory levies shall be paid as applicable

during the period of delivery stipulated under the concerned CONTRACT.

11.3.2 Any claim in respect of any increase in price on account of any statutory increase or fresh imposition of Excise Duty, Sales Tax on account of any other Tax or Duty liveable in respect of the equipments/ materials / spares and / or supplies specified in the CONTRACT which takes place after the expiry of original delivery period stipulated in the CONTRACT shall not be admissible on such of the equipments / materials / spares and / or supplies as are delivered after said original delivery period.

11.3.3 Notwithstanding any stipulation in the CONTRACT for increase in price on any other ground no such increase which takes place after the date of delivery stipulated in the CONTRACT, shall be admissible on such of the said equipments / materials / spares and / or supplies, as are delivered after the expiry of the date of delivery stipulated in the CONTRACT.

11.3.4 The Owner shall be entitled to the benefit of any decrease in price on account of

reduction in or remission of Customs Duty, Sales Tax, VAT or on account of any other Tax or Duty or on any other grounds as stipulated in the CONTRACT which takes place after the expiry of the date of delivery stipulated in the CONTRACT.

11.3.5 OWNER is a 100% Export Oriented Unit (EOU) and is exempted from payment of terminal excise duty on indigenous capital goods, raw materials, components, spares and consumables in terms of notification No. 1/95-C.E dated 4/1/95 against CT-3 form forwarded to the SUPPLIER.

11.3.5.1 SUPLIER to furnish the following information to facilitate OWNER to issue CT-3

form: a) Full postal address of the factory of manufacture. b) Full postal address of Superintendent of Central Excise under whose

jurisdiction the factory falls. c) Central Excise Tariff / Chapter NO. Under which the item (s) included in the

Tender / Purchase Order are classified. d) Percentage of duty applicable.

11.3.5.2 TENDERER / SUPPLIER shall quote special price taking into account the

Deemed Export Benefit as applicable for supplies to 100% EOU.

11.3.5.3 The SUPPLIER should ensure that original, duplicate and triplicate of AR-3A with duplicate copy of excise invoice (Transporter’s copy) are sent to owner (paying authority) along with proof of despatch of goods for claiming 90% of the payment. In addition one photocopy of AR-3A should be sent to the final Consignee along with the consignment.




11.3.5.4 On request, OWNER shall get the Invoice (s) containing details of the relevant supplies certified, by Central Excise authorities to enable the SUPPLIER to claim deemed export benefits, for which purpose he shall forward separate invoice copies incorporating AR-3A details, on completion of supplies.

11.3.5.5 A Certificate of payment will be issued by OWNER on receipt of the items.

11.3.5.6 A disclaimer certificate confirming waiver of claming export benefits due to OWNER, if any will also be issued, where quotations are specifically given special price applicable to E.O.U.

11.3.5.7 The SUPPLIER should despatch materials only on receipt of CT-3 form,

wherever duty exemption is required by OWNER as indicated in the Purchase Order. In case OWNER is unable to furnish CT-3 form for any reason, the SUPPLIER will be specially advised in writing to make payment of Central Excise Duty under “Protest” and Scrupulously follow rule 233B of Central Excise rule 1944 as laid down in the Central Excise Manual.

11.3.5.8 Any demand for payment of Excise Duty issued by the Central Excise

Authorities on account of the failure of SUPPLIER to comply with Excise Procedures, will have to be borne by the SUPLLIER.

12.0 SPARES PARTS

SUPPLIER shall include in his TENDER a firm priced, itemised list of recommended spare parts necessary for the proper operation and maintenance of the equipments for a period of one (1) year. This quotation shall be valid for 90 days from the date of acceptance of TENDER for the main equipment. It shall be obligatory on the part of SUPPLIER to ensure uninterrupted supply of spare parts for the proper maintenance of the equipments.

13.0 TIME SCHEDULE 13.1 The time and date(s) of delivery of the equipments, materials, spare and / or

supplies as agreed to between SUPPLIER- OWNER shall be deemed to be the essence of the CONTRACT, and delivery must be completed not later than the date (s) / so specified.

13.2 Within fifteen (15) days, acceptance of Tender, SUPPLIER shall submit for

OWNER’S approval a progress schedule covering all phase of the work including design, procurement, fabrication / manufacture and transportation.

13.3 SUPPLIER shall allow all reasonable facilities to INSPECTORS and OWNER’S representative(s) including free and full access to SUPPLIER’S facilities and to all records having a bearing on the progress and quality of the work and deliveries under the CONTRACT.




14.0 INSPECTION

14.1 INSPECTOR shall have the right to inspect and test the work or any part thereof and to observe any test carried out by SUPPLIER at any time and SUPPLIER, on demand from INSPECTOR shall at no additional charges to OWNER, carry out such tests, in an appropriate manner in the presence of INSPECTOR.

14.2 SUPPLIER shall afford at his own expense full, free and safe access and facilities at his works and / or his SUB-CONTRACTOR’S works for INSPECTOR to carryout and / or observe such inspections and / or tests.

14.3 Any such inspection, examination or testing carried out by INSPECTOR or

observed by him shall not relieve Supplier from any of his obligations under the CONTRACT to be otherwise successfully performed by the SUPPLER.

14.4 SUPPLIER shall give INSPECTOR not less than one week’s notice in writing regarding any tests to be carried out by SUPLIER or SUB-CONTRACTOR and the period likely to be required for such testing. INSPECTOR shall give the SUPPLIER written notice within five (5) days of receipt of such notice as to whether, INSPECTOR intended to witness the said tests and indicating the dates normally not more than fifteen (15) days from the date of receipt of SUPPLIER’S notice on which Inspector will be available at SUPPLIER’S or his SUB-CONTRACTOR’S facilities for such tests failing which SUPPLIER OR SUB-CONTRACTOR may proceed with the test.

14.5 If INSPECTOR is not present, SUPPLIER shall immediately notify Inspector in

writing as to the Test results.

14.6 When the test and / or inspections have been complete to INSPECTOR’S satisfaction, INSPECTOR shall issue a certificate to that effect. No equipment’s, materials, spares or supplies for which tests and / or inspections are performed shall be despatched by SUPPLIER before such certificates are issued.

14.7 INSPECTOR may reject the whole or any part of the work at any time after testing / inspection, if the INSPECTOR at his sole discretion determines the work to be unsatisfactory or does not fulfil the requirements of the CONTRACT. INSPECTOR shall advice SUPPLIER and OWNER in writing as to the grounds for rejection. INSPECTOR’S decision regarding rejection shall be final and binding on the SUPPLIER.

14.8 In the event of any rejection as aforesaid, then without prejudice to the following provision, OWNER shall be at liberty to.

14.8.1 Allow SUPPLIER to offer once again, within a time specified by INSPECTOR, the equipments, materials, spares and / or supplies is replacement of those which have been rejected, the SUPPLIER bearing all costs for such replacement.

OR

14.8.2 Buy the quantity of equipments, materials, spares and / or supplies so rejected of the same or equivalent or the nearest specification from elsewhere at SUPPLIERS risk and cost without affecting SUPLIER’S liability as regards the supply of any consignments due under the CONTRACT in accordance thereto.




15.0 PACKING, MARKING AND SHIPPING SPECFICATIONS FOR MATERIALS 15.1 GENERAL

This specification covers packing, making and transports / shipments materials by Road /

rails / sea / Air. 15.2 This specification forms an integral part of the CONTRACT in addition to

SPECIFICATIONS drawings and instructions explicitly listed in the purchase order.

15.3 SUPPLIER shall comply with all applicable descriptions in this SPECIFICATION depending upon the nature of material. Lack of relevant information and / or documents shall not relieve the SUPPLIER of his responsibility.

15.4 PACKING: 15.4.1 GENERAL: Workmanship shall be of the highest standards throughout all operations of packing.

Materials used shall be in accordance with the best commercial practices and packing shall be withstanding all possible transit hazard for minimum period raging from 4 to 6 months. It shall be capable of withstanding multiple handling and to perform all its functions without any detrimental effect / pitting to the contents of the package / create, bundle etc. Methods used shall be such as to ensure safe delivery of the commodity to its ultimate destination. All packages shall be done in such a manner as to reduce volume as much as possible. Suitable reapers shall be provided on the bottom of the case /crates for easier handling by Fork lift Trucks (2” square reapers per less than 1 Tonne and 3 for more than 1 Tonne)

15.4.1.1 Heavy machinery which includes tables, rollers, counter-weights, machines

heads or other movable parts will be blocked and braced to prevent movement, items packed in bundles must be securely tied with steel wire or strapping. Steel reinforcing rods, bars, pipes structural members etc., shall be bundled in uniform length and the weight shall be within breaking strength of the securing wire or strapping.

15.4.1.2 Packages containing fragile articles must be packed with special precautions

against risk of breakages. 15.4.1.3 All equipments attachments, accessories, steel structures pipes and fittings

shall be painted / greased and or provided with suitable protective compound / oil to prevent rust, corrosion or damage due to bad weather.

15.4.1.4 All mechanical and electrical equipments and attachments shall be packed in wooden cases with adequate protection inside the case and wherever possible should be sent along with the major equipments. Each item shall be suitably tagged with identification of main equipment, item denomination and reference number to respective assembly drawing. Each item of steel structure shall be identified with erection markings with lettering height of minimum 15 mm. Such marking will be followed by the connection numbers / erection marking, with indelible paint.




15.4.1.5 A copy of the packing list shall accompany the material enclosed in a waterproof envelope fastened to each package.

15.4.2 MECHANICAL EQUIPMENT

Pumps, compressors, etc., shall be packed individually in wooden cases. 15.4.2.1Before packing, each assembly and / or each compartment shall be enveloped in

polythene bags containing silica gel or similar dehydrating compound. 15.4.3 ELECTRICAL EQUIPMENT 15.4.3.1 Motors and generators shall be packed (individually wherever necessary) in

wooden cases. Vents shall be waterproof sealed. Protective paper strip shall be slipped under brushes.

15.4.3.2 Switchgear assemblies shall be packed in wooden cases. 15.4.3.3 General items of electrical material shall be packed in wooden cases, each item

moisture proofed. Cable reels shall be wrapped with tar paper. Wooden strips shall be provided to protect reel edges. Ends of H.T. Cables shall be plumbed and sealed with a load-end and when finally planked the cable shall be strapped over with steel bands or hoops.

15.4.4 INSTRUMENTS: All instruments shall be packed in wooden cases with dial upward and embedded

in shock absorbing material. Each instrument shall be enveloped in polythene bag containing silica gel or similar dehydrating compound and with a tag specifying the unit it belongs to. When instruments are packed in several layers in the same case horizontal wooden partitions shall be provided suitably spaced and secured to case frame. Mercury ands other chemicals to be supplied with instruments shall be packed separately in suitable containers.

15.4.5.1 FITTINGS:

Packing shall be wooden cases or coated and valve flanges protected with plastic caps and tags should contain the type and specification of gland packings used.

15.5 MARKING: 15.5.1 Marking should be for the protect, consignee, consignor, Purchase Order No.,

gross and net weight dimensions etc., as per enclosed KIOCL Standard Format (Annexure-II)

15.5.2 Cases and crates should be marked with indelible waterproof ink in clear legible characters at least on three sides.

15.5.3 A distinct colour splash in say / red - black around each package / create / bundle

shall be given for identification




15.5.4 Additional marking such as “Handle With Care”, ”This Side Up” to be indicated by Arrow, ‘Fragile’ or any other Additional indications for protection and safe handling shall be added depending on the type of material.

15.5.5 In case of bundles the shipping marks shall be embossed on metal or similar tag

wired securely on each end. 15.5.6 All cases will bear warning signs on the outside denoting the centre of gravity and

sling marks. Specific marking for slinging should be provided for all heavy lifts weighing 5 tonnes and above. Top heavy containers will be so marked as either Top Heavy or Heavy ends.

15.5.7 For bulk and uniform material when packed in several cases, progressive serial

number shall be indicated in each case.

15.5.8 When packaging material is clean and light coloured, a dark black stencil paint shall be used, However , where packing material is soiled or dark, a coat of flat Zinc white paint shall be applied and allowed to dry before applying the specific markings

15.5.9 In case of large equipments like vessels, heat exchangers, etc., documents contained in the envelopes shall be fastened inside a shell connection with and identifying arrow sign “Documents” applied with indelible paint.

15.5.10 The Railway Receipts (RR) / Lorry Receipts (LR) Airway Bills (AWB) should be made out in favour of the OWNER at Bangalore / Mangalore / Kudremukh as the case may be.

15.6.0 DESPATCH DOCUMENTS: 15.6.1 All documents viz., RR/LR/AWB, Invoice, Packing List, Test Certificate, Drawings

and Catalogues should be in English Language. 15.6.2 In addition to the RR/LR/ AWB/ Invoices, packing lists, test certificate, shall be

made out against each despacth in as many number or copies as shown below at 15.6.5. The invoice and packing list specifically must show uniformly the marks and numbers, contents case wise consignees’ name, destination and all other particulars as per OWNER’S Standards Format enclosed (Annexure-II).

15.6.3 The invoice must show the unit rates and net total price. Items packed separately should also be invoiced and the value shown accordingly, packing list must show, apart from other particulars actual contents in each case net and gross weight and dimensions and the total number of packages. All documents should be duly signed by the SUPPLIER.

15.6.4 DESPATCH INFORMATION:

As soon as any despatch is made, the SUPPLIER shall send immediate information by way of telex / fax message to OWNER, and Insurance Company as specified in the Purchase Order giving particulars of the despatches, Zonal code and Wagon numbers / Name of Lorry Service and Lorry Registration numbers, (as




the case may be) Destination, Railway Receipt, LR. No, (as the case may be) Date, total freight amount with confirmation copies by post.

15.6.5 TRANSMISSION OF DESPATCH DOCUMENTS:

SUPPLIER shall obtain the DESPATCH documents in complete sets as quickly as possible after the despatch is made and mailed as shown below so that they are received as early as possible. SUPPLIER shall be fully responsible for any delay and / or demurrage / wharfage etc., in clearance of the consignment at destination due to delay in presentation of the despatch documents or submission of documents.

15.6.5.1 In terms of CONTRACT or otherwise, the complete original set of documents are

required to be sent to OWNER through bank, or as specified in the order.

15.6.5.2 Documents consisting of one copy of Lorry receipt / Railway receipt / Airway bill, Invoice, Packing List, Test Certificate, Catalogue / Drawing, if applicable, shall be sent to the following.

a) In-Charge (Stores), KIOCL Limited, Panambur, Mangalore-575010 b) In-Charge Materials, (I & P) KIOCL Limited, Second Block, Koramangala, Bangalore-560034. c) In-Charge (Finance & Accounts) KIOCL Limited, Second Block, Koramangala, Bangalore-560034. d) In-Charge (Inspection & Progress) KIOCL Limited, Second Block, Koramangala, Bangalore-560034.

16.0 TRANSIT RISK INSURANCE

Unless otherwise specified in the CONTRACT, all equipments / materials shall be insured against all marine and transit risk on warehouse to warehouse basis by OWNER.

17.0 TRANSPORTATION: 17.1.1 The SUPPLIER is required to transport the items only through reputed and bank

approved Transport Carriers or as specified by OWNER.




17.1.2 Wherever the items make a full truckload, the items should be despatched directly to the final consignee on door delivery basis at Mangalore / Bangalore as the case may be.

17.1.3 In case of piece consignments, the same are to be despatched to the Transporter’s

godown at Mangalore from where OWNER shall arrange to clear the goods. Transportation should be carried out only through such Carriers who are having Branch Office / Godown at Mangalore in case of piece consignments.

17.1.4 In all cases of transportation, the OWNER shall be responsible for transit insurance

unless otherwise specified in the CONTARCT. Thus the SUPPLIER is required to ensure that the goods are transported under the “Owners Risk” only. Non-compliance shall lead to recovery of the excess insurance premium charged by the transporter from the SUPPLIERS’ bills due for payment.

18.0 RECONSERVATION 18.1 The SUPPLIER should ensure prior to despatch, reconservation of equipment and

material for storage for a minimum period 6 months. 18.2 The SUPPLIER should give his recommendation on reconservation procedure to

be followed in case the equipments are stored beyond six months period.

18.3 The packages should be marked with the date of preservation of such equipments, which are liable to be damaged, if not reconserved within the specific period.

19.0 TEST ON COMPLETION 19.1 Wherever possible, all tests shall be carried out before despatch

19.2 The test certificates for all components / materials / equipments as required under

the technical specification shall be submitted. 19.3 Should however, it becomes necessary for the final tests as to performance and

guarantee (if any) to be held until the equipments materials or supplies to be erected. Such final tests shall be carried out by the OWNER in the presence of SUPPLIER or his designated representative within one (1) month (or such other time as the parties may reasonably agree to from the date of completion of erection or from the date on which the equipments materials and / or supplies are put into operation whichever is later. The cost of these tests shall be to SUPPLIERS account.

19.4 Should the results of these tests not come within the tolerance (if any) specified, the tests shall at OWNER’s option be repeated within one (1) month from the date of equipments, materials and / or supplie’s are ready for retesting.

19.5 The cost of such retesting shall be to supplier’s account.




20.0 FAILURE OF DELIVERY :

Should SUPPLIER fail to make despatch within the time period (s) specified in accordance with Article 13.0 above, OWNER shall be entitled immediately on such failure or at any time thereafter at the entire option of owner to either.

20.1.1 Purchase elsewhere, without notice to SUPPLIER at the risk and cost of the

SUPPLIER, the equipments, materials, spares and / or suppliers not delivered, of a similar or the nearest specification without cancelling the CONTRACT in respect of equipment, materials, spares and / or supplies not yet due for shipment / delivery

Or

20.1.2 Cancel the CONTRACT in full or the portion thereof in default, and if so desired to purchase elsewhere the full or defaulted equipment, material, spare and / or supplies or items of similar, or the nearest specification at the risk and cost of SUPPLIER.

21.0 DELAYED DELIVERY AND LIQUIDATED DAMAGES:

OWNER shall be have the option to accept delivery of material after the originally stipulated delivery period in the CONTRACT and in case of acceptance of delayed delivery OWNER shall recover or retain from SUPPLIER as agreed liquidated damages and not as penalty a sum equal to quarter percent (1/4%) of the price of any equipments, materials, spares and / or supplies which SUPPLIER has failed to despatch as aforesaid for each week or part of a week, during which such despatches may be delayed, subject to a maximum limit of five percent (5%) of Contract value.

22.0 FAILURE TO MEET TEST STANDARDS 22.1.1 If the erected equipments, materials and / or supplies fail to meet the test standards

under Article 19 shall be found to be defective or otherwise fail to fulfil the terms of CONTRACT. OWNER shall give SUPPLIER written notice setting forth the details of such defects or failure.

22.1.2 SUPPLIER shall immediately correct / remedy such defects and failures or alter

the equipments, materials and / or supplies to bring them into compliance with the CONTRACT terms.

22.1.3 If SUPPLIER fails to do so within a reasonable time, as may be stipulated by the OWNER, OWNER may reject and replace, at SUPPLIER’S sole expense, the whole or any portion of the equipments, materials, supplies which are defective or fail to meet CONTRACT terms. Such replacement shall be carried out by OWNER within a reasonable time and price and, where reasonable possible the same SPECIFICATION or the nearest specification.

22.1.4 SUPPLIER’S liability under this clause shall be satisfied by the payment to OWNER of the assessed difference, if any, between the replacement price of the rejected / non-conforming items including transportation cost, taxes, duties, other incidental expenses and CONTRACT price and any amount previously paid to supplier.




22.1.5 If OWNER is unable to replace the rejected items within, a reasonable time, SUPPLIER’S liability under this clause will be satisfied by repayment of all money paid by OWNER to SUPPLIER in respect of such items.

22.1.6 In the event of rejection by OWNER under this clause, OWNER shall be entitled to

use the rejected items in a reasonable and proper manner for time sufficient to enable OWNER to obtain replacement items. Thereafter supplier at his own cost shall immediately remove the rejected / non-conforming items from OWNER’S Premises. Such items shall be at Supplier’s risk from the time of discontinuance of use and if not promptly removed thereafter, OWNER may at his option, with regard to said rejected / non-conforming items return them to SUPPLIER, on ‘Freight collect’ basis or dispose of / or segregate the item as OWNER deems fit but in any event at SUPPLIER’S risk.

23.0 NEGLIGENCE

23.1 If the SUPPLIER shall neglect to execute the work with due diligence or expedition or shall refuse or neglect to comply with any reasonable order given to him in writing by OWNER / INSPECTOR, in connection with the work, or shall contravene the provisions of CONTRACT, the OWNER may give notice in writing to SUPPLIER calling upon him to make good the failure, neglect or contravention complained of, within such time as may be deemed reasonable and in default of the compliance, with the said notice the OWNER without prejudice to his rights under para below hereto, may rescind or cancel the Contract holding the supplier liable for damages that the OWNER may substain in this behalf. The making good of the failure, neglect or contravention hereunder will be governed by provision of Article 20 & 21.

23.2 If SUPPLIER fails to comply with such notices within a reasonable period from the date of serving thereof, in the case of failure, neglect or contravention capable of being made good, within that time or otherwise within such times as may be reasonable necessary for the same making good, then in such case without prejudice to the OWNER’S right under para above hereto, the OWNER shall have the option and be at liberty to take the work wholly or in part out of the SUPPLIER’S hands and may complete the work envisaged in the CONTRACT at a reasonable price with any other person or persons to execute the same or any part thereof.

23.3 If the cost of executing the work as aforesaid shall exceed the balance due to the SUPPLIER, the outstanding balance shall be paid by the SUPPLIER on the certificate of the OWNER.

24.0 RECOVERY OF SUMS DUE:

24.1 Whenever under this CONTRACT any such of money is recoverable from and payable by the SUPPLIER whenever the owner has preferred any claim against the SUPPLIER, the OWNER shall be entitled to recover and / or to retain such sum by appropriating in part or whole out of the security deposited by the SUPPLIER, and in the event of the Security being insufficient or if no security has been taken from the SUPPLIER, then the balance or the total sum recoverable, as the case may be, shall be deducted / retained from any sum then due or which at any time thereafter may become due to the SUPPLIER under this or any other CONTRACT with the OWNER. Should this sum be not sufficient to cover the full amount recoverable, the SUPPLIER shall pay to the Owner, on demand the remaining balance due.




25.0 PAYMENT: 25.1 All payments to SUPPLIERS shall be made through bank or paid through RTGS

or by cheque (less than Rs. 1.0 Lakhs) on a branch of state Bank of India / Union Bank of India as under:

25.1.1 90% of the price of the item(s) on completion of its despatch. SUPPLIER shall

submit to OWNER SUPPLIER’S invoice in 5 copies made out in favour of Owner together with consignee copy of Lorry Receipt / Railway Receipt / House Air way Bill, as the case may be, duly endorsed to OWNER together with Inspection Certificate issued by the authorised Inspection Agency and Test / Guarantee certificates (if required). In case of payment made through Bank at SUPPLIER’S request, all the related Bank charges shall be borne by the SUPPLIER.

25.1.2 Payment of the balance 10% price of the item(s) of the contract price within 30

days of receipt by OWNER of the final despatch under the CONTRACT upon presentation of OWNER’S Goods Receipt Note together with Invoice for the balance 10 % payment in 5copies drawn on OWNER.

25.1.3 In case of full Truck Load / door delivery, payment as at 25.1.1 shall be made on

delivery of the consignment at destination against SUPPLIER’S Invoice in 5 copies together with receipted Transporter’s bill / acknowledgement of receipt of material by the OWNER.

26.0 WARRANTY

26.1 SUPPLIER warrants all equipments, material, supplies and spares supplied under the CONTRACT against defects in workmanship and materials for a period of 12 months from the date commissioning / installation / use or 24 months from the date of the last despatch, whichever comes first. SUPPLIER shall replace any part that may fail or show signs of defects at Owner’s premises in case the same is not repairable. OWNER’S decision as to whether the part is to be repaired or replaced is final. The cost of replacement / repair shall be borne by the SUPPLIER.

26.2 The removal of the defective part(s) from OWNER’S premises shall be SUPPLIER’S responsibility and shall be made at SUPPLIER’S expenses.

26.3 In case of defective parts not repairable at OWNER’S premises, but essential, in the meantime for commercial use of the project, SUPPLIER shall allow OWNER to use the defective parts until they are replaced.

26.4 The provisions of clauses 26.1, 26.2, and 26.3 shall apply to all replaced and

renewed parts until the expiration of six (6) months from the date of renewal or replacement or until the end of the warranty mentioned in 26.1 above.

26.5 If any defect is not satisfactorily remedied within reasonable time, OWNER may proceed to make the repair / replacement at SUPPLIER”S risk and expense but without prejudice to any other contractual right, which OWNER may have against Supplier in respect of such defect.

26.6 This issuance of Inspector’s certificate of inspection or certificate of approval shall

in no way absolve SUPPLIER from the provisions of this article.




26.7 WARRANTY REPLACEMENT:

Warranty replacement shall be on site to site basis. The component under break-down would be handed over at site to the SUPPLIER / SUPPLIER’S duly authorised representative. He shall discuss with OWNER and settle the issue of warranty replacement. In case no response is received with in 10 days, it shall be presumed that the warranty replacement of all materials handed over shall be effected by the SUPPLIER. Within 7 days thereafter the component under break-down shall move out of the manufacturer’s works. In case the subject component is available in the stock of OWNER, the same would be utilised and the replacement could be send immediately.

27.0 INDEMNITY 27.1 SUPPLIER shall at all times save OWNER harmless and indemnify each of them

against all claims which may be made in respect of any equipments, material spares and supplies delivered by SUPPLIER under this contract for infringement of any right protected by any patent, registration of design and / or Trade mark. In this connection OWNER shall pass on to SUPPLIER all claims made against OWNER.

28.0 DOCUMENTATION 28.1 All drawings, SPECIFICATIONS, data, notices and other writings required under

the CONTRACT shall be in English language and dimensions, weight and volumes shall be in metric system.

28.2 All drawings, SPECIFICATIONS and other data shall be delivered to:

In-Charge (Materials)

KIOCL Limited, II Block, Koramangala Bangalore-560 034, INDIA

28.3 All Notices, claims, etc, shall be delivered to:

If to Supplier: at the address set out in the purchase order. If to Owner. In-Charge (Materials) KIOCL Limited, II Block, Koramangala Bangalore-560 034, INDIA

28.4 All invoices and other claims for payment by SUPPLIER to

In-Charge (Finance & Accounts) KIOCL Limited, II Block, Koramangala Bangalore-560 034, INDIA




With copy to: In-Charge (Materials) KIOCL Limited, II Block, Koramangala Bangalore-560 034, INDIA

29.0 INSOLVENCY AND BREACH OF CONTRACT: 29.1 OWNER may, at any time, by notice, in writing, summarily terminate the

CONTRACT without additional compensation to SUPPLIER on the happening of any of the following events that is to say;

29.1.1 If the SUPPLIER shall at any time, before final despatch, be adjudged insolvent or

to enter into any arrangement or composition with his creditors, or suspend payment or if the firm be dissolved under the partnership Act,

or

29.1.2 If SUPPLIER, being a Company shall pass a resolution or court shall make an

order for the liquidation of its affairs or

29.1.3 If SUPPLIER commits any act of breach of Contract not herein specifically provided

for, provided always that such termination shall prejudice any right or action or remedy which, shall have accrued or shall accrue thereafter to OWNER and provided also that SUPPLIER shall be liable to pay OWNER for any extra expenditure OWNER is the thereby put to, but SUPPLIER shall not be entitled to any gain on repurchase.

30.0 GOVERNING LAW 30.1 This CONTRACT and all rights’ hereunder shall be governed by the laws of the

Union of India for the time being in force and shall be subjected to the jurisdiction of the Courts situated at Bangalore, India.

31.0 FORCE MAJEURE 31.1 Any delay in or failure of performance of CONTRACT by either party hereto shall

not constitute defaults by such party or give rise to any claim for damages against it if and to the extent such delay or failure of performance is caused by acts of God, acts of war, hostilities, acts of commission or omissions of Government or Government agencies, invasion, revolution, civil commotion, strikes, lockout, blockade, Embargo, sabotage, fire, flood, severe earthquake, typhoon, cyclone, lightning, plague, epidemic or others etc. or omission or circumstance, which are beyond the reasonable control of the party affected, which they could not have reasonably foreseen and guarded against (hereinafter referred to as Force Majeure)

31.2 The party so affected by an event of Force Majeure shall notify the other parties of

the occurrence thereof within ten (10) days of its commencement.




31.3 The Force Majeure referred to above shall not be extended to the SUPPLIER’S SUB-CONTRACTORS works. The SUPPLIER shall be wholly responsible for timely off-loading in cases strikes, lockout, etc., in the SUB-CONTRACTOR’S works.

31.4 Except as provided below neither party shall be by reason of any event of Force Majeure be entitled to terminate this CONTRACT, nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance.

31.5 Performances and deliveries under this contract shall be resumed as soon as

practicable after the event of Force Majeure has ended or ceased to exist with appropriate extension to the time for completion equal to the period of the delay, and the decision of OWNER as to whether deliveries have been so resumed shall be final and conclusive.

31.6 Notwithstanding anything to the contrary stated herein OWNER shall have the right

prior to the end of the event of Force Majeure to terminate the CONTRACT without compensation to SUPPLIER if the CONTRACT is suspended by the occurrence of the event of Force Majeure for a period of more than forty-five (45) days. In case of such termination of the CONTRACT SUPPLIER shall repay to the OWNER all advances paid to him in respect of subject CONTRACT.

32.0 RISK OF LOSS 32.1 SUPPLIER guarantees the due return of all OWNER’s properly including

particulars issued to him and will be responsible for the full value thereof, to be assessed by OWNER, for all loss thereof or damage thereto from whatever cause happening while in possession or control of SUPPLIER, his servants, workman or agents.

33.0 ARBITRATION 33.1 If at any time any question, dispute or difference of whatsoever, nature shall arise

between OWNER and SUPPLIER upon or in relation to or in connection with the CONTRACT, either party may, forthwith give to the other notice in writing of the such existence of question, dispute or difference, and the same shall be referred arbitration by a sole arbitrator to be appointed by Chairman-cum-Managing Director of the OWNER or any person acting in such capacity.

33.2 Where the arbitrator withdraw from his office for any reason or otherwise the arbitrator is substituted, the Arbitral Proceedings shall continue from that stage onwards and earlier hearings shall not be repeated.

33.3 The language to be used in the Arbitral Proceedings shall be English. 33.4 The award of the Arbitrator shall be final, conclusive and binding on the parties.

33.5 The provisions of Arbitration & Conciliation Act 1996 and rules there under in force

shall be applicable to the CONTRACT.




33.6 The venue of arbitration proceedings shall be only Bangalore, India. 33.7 Only Courts in Bangalore shall have jurisdiction regarding the matters relating to

the arbitration.




FORM OF BANK GUARANTEE FOR SECURITY DEPOSIT In consideration of KIOCL Limited (hereinafter called Company) having agreed to exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under the terms and conditions of Purchase Order No...................... Dated............... made between .................... And .................. for ............. (hereinafter referred to as ‘contract’) of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the terms and conditions contained in the said contract on production of a Bank Guarantee for Rs......... (Rupees..........................only) we,.......... (hereinafter referred as "the Bank") at the request of Supplier, (s) Contractor (s) do hereby guarantee the payment to the Company an amount not exceeding Rs.............. (Rupees............only) and interest thereon at........ percent per annum from the date of demand till payment against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Supplier(s)/ Contractor(s) of any of the terms and conditions contained in the said Contract. 2. We.............. do hereby unconditionally and irrevocably undertake to pay to the

Company an amount to the extent of Rs. .................. (Rupees ............only) and interest thereon at .................. percent per annum from the date of demand till payment without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of breach by the said Supplier(s) / Contractor(s) of any of the terms and conditions contained in the said Contract or by reason of the Supplier(s)/ Contractor(s) failure to perform the said contract. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs...................... (Rupees.................................................................only) and interest thereon as mentioned above from the date of demand till payment.

3. Our liability under these presents is absolute and unequivocal and we undertake

to pay to the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or othert Authority. The payment so made by us under this Guarantee shall be a valid discharge of our liability for payment thereunder and the Contractor(s) Supplier(s) shall have no claim against us for making such payment.

4. We.............................further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Company certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before...........................we shall be discharged from all liability under this Guarantee thereafter.





6. We................................. further agree with the Company that the Company shall

have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Contract or to extend time or performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any time or from time to time in exercise of any of the powers exercisable by the Company against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and conditions relating to the Contract and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for any forbearance,act or omission on the part of the Company or any indulgence by the Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties, but for this provision, have effect of so relieving us.

7. This Guarantee shall not in any way be affected due to change in our constitution or by your taking or varying or giving up any securities from the CONTRACTOR(S)/ SUPPLIERS or any other person, firm or Company on its behalf or by the change in the constitution, winding up dissolution, insolvency or death as the case may be of the CONTRACTOR(S)/SUPPLIER(S).

8. In order to give full effect to the Guarantee herein contained you shall be entitled

to act as if we were your principal debtors in respect of all your claims against the CONTRACTOR(S)/SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship and other rights if any which are in any way inconsistent with the above or any other provisions of this Guarantee.





Dated the ..............day of ..................200 For........................................................................... (indicate the name of Bank)

IMPORTANT NOTE The following Points should be taken care of while submitting the Bank Guarantee:- 1 The Bank Guarantee should be on non-judicial stamp paper having a value of

Rs.200/-or as applicable in the State of, Karnataka 2 The stamp paper should be purchased in the name of the Bank,who give the

guarantee and not in the name of the Supplier. 3 The Bank Guarantee should be strictly as per the profoma. 4 The Bank Guarantee should be from any of the Nationalised Bank,Scheduled

Bank or any other bank Acceptable to owner 5 If any correction is made on the guarantee the same should be endorsed by the

Bank with its official seal

“© 2020 MECON Limited. All rights reserved”

KIOCL LIMITED BANGALORE

FORWARD AND BACKWARD INTEGRATION OF THE EXISTING

BLAST FURNACE UNIT PROJECT

TENDER DOCUMENT FOR

DESIGN, ENGINEERING, MANUFACTURE, SUPPLY, ERECTION,

TESTING AND COMMISSIONING OF

POWER DISTRIBUTION SYSTEM

ON TURNKEY BASIS AT KIOCL BF UNIT, MANGALURU

(VOLUME-2-TECHNICAL CHAPTERS)

MECON LIMITED BANGALORE

MEC/01/E1/TS/PDS/197C/PKG-010/0001, OCT’ 2020



MEC/01/E1/TS/PDS/197C/PKG-010/0001 Contents Sheet 1 of 1 “© 2020 MECON Limited. All rights reserved

CONTENTS SHEET

1. VOLUME-1 – COMMERCIAL DOCUMENT

2. VOLUME -2 – TECHNICAL WRITE UP

LIST OF CHAPTERS

CHAPTER No.

DESCRIPTION

1.0 INTRODUCTION

2.0 INTENT OF SPECIFICATION

3.0 SITE CONDITIONS

4.0 SCOPE OF WORK AND BATTERY LIMITS

5.0 EQUIPMENT SPECIFICATION

6.0 SPARES, TOOLS & TACKLES

7.0 COMPLETENESS

8.0 PROJECT SCHEDULE & PROJECT MONITORING

9.0 DRAWINGS AND DOCUMENTATION

10.0 INSPECTION AND TESTING

ANNEXURES & DRAWINGS:

A) LIST OF ANNEXURES

ANNEXURE-A PREFERRED MAKES

ANNEXURE-B QAP

B) LIST OF DRAWING

DRAWING NO. DESCRIPTION

MEC/01/E1/197C/SD/PDS/0001, R01 TYPICAL FEEDER SCHEMES OF 6.6 KV SWITCHBOARD



MEC/01/E1/TS/PDS/197C/PKG-010/0001 Chapter 1 Sheet 1 of 1 “© 2020 MECON Limited. All rights reserved”

01.0 INTRODUCTION

KIOCL Limited (formerly known as Kudremukh Iron Ore Company Limited is a Miniratna, central PSU under Ministry of Steel, Government of India, established in the year 1976 and is operating Iron ore Pellet plant at Mangalore. KIOCL also has 350 cu.m Blast Furnace complex at Panambur with facilities to produce Pig Iron, near Mangalore. The plant is not presently under operation. Now KIOCL plans to restart the Blast Furnace after up-gradation and go for forward integration of the plant by setting up of a Ductile Iron spun pipe plant. After upgradation, Blast Furnace is slated to produce 700T of Hot metal per day. In line with above, KIOCL is in the process of setting up a Ductile Iron Spun Pipe (DISP) plant of 200,000 t/yr capacity within the Blast furnace complex. MECON Limited, a Government of India undertaking has been appointed as EPCM consultant for this project. The base molten metal from the upgraded Blast Furnace will be the feed material for the proposed DISP plant which will be designed, supplied, erected and commissioned at plant site on Discrete Turn Key basis by other package tenderer appointed by client. It is proposed to feed the loads of DISP and other new plants (to be installed in the forward/backward integration project of Blast furnace), from the existing 6.6 kV Switchboard of MSDS with required retrofit works.




2.0 INTENT OF SPECIFICATION AND GENERAL INSTRUCTIONS

The intent of this specification is to enable the bidder to prepare & submit a detailed comprehensive offer for design, engineering, manufacture, supply, storage at site, erection, testing and commissioning of the power distribution package electrical woks including its service facilities on turnkey basis.

The bidder shall base the equipment design on the information furnished in this specification and relevant standards. The equipment shall be complete in all respects and any equipment or accessory not covered specifically in this specification, but essential for proper design and operations shall be deemed to be included in the scope of the bidder.

The technical specification shall be read in conjunction with the general conditions of contract irrespective of whether attention to the same has been specifically drawn or not.

These documents are to be taken as mutually supplementary and complementary to one another.

2.1 General Instructions 2.1.1 The bidder shall study the specification and is advised to undertake a site

survey by his representatives/ engineers before submitting the offer. The technical specification is only a guidance to the bidder and hence all the items necessary for safe and satisfactory operations and guaranteed performance of the proposed equipment shall be included in his offer and shall be deemed to have been included in the offer though these might not have been specifically mentioned in the technical specification.

2.1.2 The material used/ equipment offered shall be new and the best of its kind

available and shall conform to the relevant latest Indian Standard (s) or equivalent International Standards.

2.1.3 The equipment offered shall be suitable for smooth, efficient and trouble free

service in the prevailing climate conditions of the proposed plant site. 2.1.4 All the equipment shall be designed in such a way that all components of

the equipment shall be easily accessible to facilitate inspection, maintenance and repairs. They shall be provided with suitable lifting




facilities, lugs, etc. to enable their handling during erection and maintenance.

2.1.5 All necessary mounting parts, foundation bolts, matching flanges, anchoring

parts and accessories special tools and tackles for erection and testing shall form the part of the offer. All matching flanges/ pipe connections at battery limits shall be included in the offer.

2.1.6 The bidder has to strictly agree to adhere to all the terms and conditions

mentioned in the tender documents as a whole and no deviation from them shall be acceptable.

2.1.7 All the equipment shall be provided with safety devices that may be required

under statutory regulations and the bidder has to comply with such rules and regulations as stipulated in the relevant factory acts/ State Government statutory acts, rules and regulations.

2.1.8 The approval of drawings wherever applicable and/ or inspection by Owner/

Consultant does not absolve or relieve the supplier from any or all of his obligations under this contract and bidder shall be wholly and solely responsible for the satisfactory operation and guaranteed performance of his supplies.

2.1.9 Metric system shall be followed and English shall be the language of all

communications. 2.1.10 The bidder shall be responsible for providing all equipment, material and

services including design and construction of all civil, structural and architectural works specified or otherwise which are required for the complete plant meeting the intent of this specification, ensuring high degree of reliability, availability, operationability and maintainability. The equipment, system/sub-systems and components shall conform in all respects to high standards of engineering, design and workmanship and shall be capable of performing in continuous commercial operation in a manner acceptable to the Owner and shall also be in line with the current practices for reliable and efficient functioning of plants of similar size and rating.

2.1.11 Bidder is required to carefully examine and understand the specifications

and seek clarifications, if required, to ensure that he has understood the specifications as intended by the Owner. In the absence of any specific clarifications made by the Owner during bidding stage, the interpretation of




Owner shall be final. The bidder’s offer should not carry any sections like clarifications, interpretations and/or assumptions. All such points are required to be clarified before submission of the bid.

2.1.12 The scope of supply and services shall be as specified and in accordance

with the requirement and conditions stated in this specification. Omission of specific reference to an item in the specification shall not relieve the bidder from the responsibility of providing all items of supply and services required to provide complete plant meeting the overall performance requirements stated in the specification.

2.1.13 The drawings enclosed with the technical specification are indicative and for

reference only. Any variation arising during detailed engineering stage shall be taken into account by the Bidder without any extra cost and/ or time implication to the Owner.

2.1.14 In the event of conflict between requirements of any two clauses of this

specifications/ documents or requirements of different codes/ standards specified, the more stringent requirement as per the interpretation of the Owner shall apply.

2.1.15 Technical Part being submitted shall also consist of:

a) Detailed time schedule (Bar chart) indicating major milestones from start till commissioning and performance guarantee tests of the project.

b) Document submission as specified in the Technical specification.

c) Technical deviations, if any.

d) Other supporting documents which bidder wishes to submit

2.2 General conditions 2.2.1 All the equipment, systems and sub-systems offered in the bid shall be of

proven design. 2.2.2 The Bidder shall be responsible for proper and neat storage and also

undertake conservation of all consignments including damaged consignments. During storage of equipment, the Bidder shall take into account deterioration and carry out the re-conservation of the complete equipment/parts/ supplies as may be necessary as per the Storage




instructions of the Manufacturer of equipment/components. The Bidder shall also supply the consumables required for such re-conservation work and repair/replace parts required thereof for the proper functioning of the equipment after erection and commissioning.

2.2.3 The Bidder shall erect and maintain his own site offices, main stores and

site stores as required for the work and arrange for maintaining in a neat manner of the area placed at the Bidder’s disposal. The plans for the same shall be approved by the Owner.

2.2.4 The Bidder shall provide sufficient fencing, notice boards and lights to

protect and warn others as may be considered necessary by the Owner. 2.2.5 The equipment shall be erected as per the instructions of the suppliers and

under the supervision of the supervisory personnel to be deputed by the Bidder along with supervisory personnel of equipment supplier. For all major bought out items/equipment/systems, Bidder shall ensure availability of Supplier’s representative at site. The Bidder shall use to the maximum extent of pre-assembly and mechanization in order to fulfill erection targets.

2.2.6 All precision survey instruments including leveling instruments, theodolite,

etc. shall be arranged by the Bidder. 2.2.7 The present tender being turnkey project, KIOCL will not supply any items

for this project and the Bidder shall make arrangements for supply of all items required for the project at his own cost.

2.2.8 The Bidder shall deploy required number of supervisory, skilled, unskilled

and auxiliary labour as required for the erection work and comply with such reasonable instructions of the Owner in the interest of satisfactory progress and completion of the work according to the schedule. The Bidder shall work in 3 shifts per day basis for meeting the completion target, if required without any extra price. However, in such cases, Bidder shall obtain the prior approval from the Owner.

2.2.9 If the Owner is not satisfied with the progress of work at site, they shall direct

the Bidder to depute more numbers of supervisory personnel/workers to meet the project completion schedule as per the contract. Upon receiving such direction, Bidder shall deploy additional personnel within 7 days without any extra cost.




2.2.10 Materials brought to the site shall not be removed from the site without the written consent of the Owner. Any material brought to site and rejected by the Owner shall be removed by the Bidder from the site of work immediately at Bidder’s expense.

2.2.11 The Owner may during the progress of work, order the removal of part or

whole of the work executed, found not in accordance with the approved drawings / specifications / instructions. No extra claims shall be entertained for re- executing or altering of such work.

2.3 Training of owner’s operation & maintenance personnel during

commissioning

The Bidder shall be responsible for the setting to work, commissioning and operation of plant up to the issue of the Taking Over Certificates. The owner will provide operation personnel to be involved in the commissioning process, working to the instruction of the bidder as a part of training program.

2.4 Completeness

Any supply and services as set forth herein above and which might not be even specifically mentioned in this Contract relating to the Project or in the specifications and drawings in respect of the Plant and equipment package under the scope of work of the Bidder and which are not expressly excluded there from but which are necessary for the performance of the Plant and Equipment in accordance with the specifications as an integral part of the Plant and/or for normal and efficient running and maintenance under Indian conditions, shall be provided for and rendered by the Bidder without any extra cost within the time schedule.

2.5 Responsibility for performance of contract

The Bidder shall be responsible for the due and faithful performance of the Contract in all respects according to the intent and meaning of the drawings, specifications and all other documents referred to in this Contract. Any approval which the Owner may have given in respect of the stores, materials, supplies or other particulars and the work or the workmanship involved in the Contract (whether with or without test carried out by the Bidder or the Owner) shall not bind the Owner and notwithstanding any approval or acceptance given by the Owner, it shall be lawful for the Owner




to reject the material on arrival at site, if it is found that the materials supplied and/or erection work carried out by the Bidder are not in conformity with the terms and conditions of the Contract in all respects.

2.6 Type, Quality of Materials and Workmanship 2.6.1 The Bidder shall be deemed to have carefully examined and to have

knowledge of the equipment, the conditions, specifications, schedules, drawings, etc, forming part of the Contract and also to have satisfied himself as to the nature and character of the work to be executed and the type of the equipment and duties required including wherever necessary of the site conditions and relevant matters and details. Any information thus had or otherwise obtained from Owner / Consultant shall not in any way relieve the Bidder from his responsibility and contractual obligations for designing, manufacturing and supplying the Plant and Equipment at site and executing the work in terms of the Contract.

2.6.2 Codes and standards referred in Contract documents shall be followed.

Codes and standards of other countries can be followed with the prior written approval of Owner, provided materials, supplies & equipment according to the standard are equal to or better than the corresponding standards specified in the Contract.

2.6.3 All meters, gauges, recorders and other types of indicating, integrating or

recording devices shall be calibrated in metric system and degree Celsius. Where vernier attachments are related, English system gearing must be changed to produce result on a true decimal (metric basis). Functional and instruction plate shall be in English language.

2.6.4 Brand names mentioned in the Contract documents are for the purpose of

establishing the type and quality of products to be used. The Bidder shall not change the brand name and qualities of the bought-out-items without the prior written approval of the Owner. All such products and equipment shall be used or installed in strict accordance with original manufacturer’s recommendations, unless otherwise directed by the Owner.

2.7 Errors and Omissions 2.7.1 The Bidder shall be responsible for any discrepancies, errors and /

omissions in the drawings or other information submitted by him,




irrespective of whether these have been approved, reviewed or otherwise accepted by the Owner or not.

2.7.2 The Bidder shall take all corrective measures arising out of discrepancies,

errors and omissions in drawings and other information referred to in relevant clauses within the time schedule and without extra cost to the Owner.

2.7.3 The Bidder shall also be responsible for any delay and/or extra cost if any,

in carrying out site works by other agencies arising out of discrepancies, errors and relevant clauses as well as of any late revision/s of drawings and information submitted by the Bidder.

2.8 Approval by the Owner 2.8.1 Drawings and documents as per technical specification shall be submitted

by the Bidder and shall be subject to the approval/review of the Owner. All changes from the agreed specifications/drawings shall be subject to the approval of the Owner.

2.8.2 All sub-contracts for design and engineering, manufacture, supplies and any

other work / services covered under the Contract shall be subject to prior written approval of the Owner.

2.8.3 While the Bidder shall make/execute/perform supplies, work and services in

terms of the Contract, the Owner shall have the right to check and approve design, type, quality, quantity, materials and workmanship of any or all items of supplies, work and services where considered necessary by the Owner to ensure that supplies, work and services made/executed / performed by the Bidder are in accordance with the provisions of this Contract.

2.8.4 To enable the Consultant/ Owner to accord approval/review, the Bidder shall

submit back-up data /calculations /assumptions as may be required by the Owner / Consultant.

2.8.5 Where approval of the Owner is necessary or implied but is not specifically

provided for elsewhere in this Contract, such approval shall also come within the purview of this contract.

2.8.6 Approval by the Owner/ Consultant in terms of this schedule shall not relieve

the Bidder of his obligations under this Contract.




2.9 Standard and compliance with laws & regulations 2.9.1 The design, engineering, manufacture, assembly, inspection, testing and

erection as well as performance of the equipment shall be in accordance with latest appropriate Indian Standards, Codes, IEC standards, Indian Electricity rules, regulation of relevant State Electricity Boards and Chief Electrical Inspectorate, Indian Boiler Inspectorate and any other statutory bodies as required. Where appropriate Indian Standards and Codes are not available, other suitable standards and codes as approved by the Consultant /Owner shall be used.

2.10 Statutory and other regulations 2.10.1 The Bidder shall, throughout the performance of this Contract, comply with

all laws, rules, regulations and statutory requirements of Government of India, State Government and other statutory bodies as far as such bodies have jurisdiction over the Contract work or any part of the site. Owner shall not be liable for any action of the statutes applicable due to non-fulfillment of statutory obligations by the Bidder.

2.10.2 Explosives shall not be used on the work by the Bidder without the

permission in writing of the Owner. Where explosives are used, the Bidder shall be responsible for complying with all statutory obligations in this respect and liable for any loss, damage or injury to any person or property.

2.10.3 The Bidder shall give all notices and pay all fees required to be given or paid

under any Central or State statute, ordinance or other law or any regulation or by-law of any local or other duly constituted authority in relation to the execution of the Contract work.

2.10.4 The Bidder shall conform in all respects with the provisions of any statute,

ordinance or laws as aforesaid and the rules, regulations or by-laws of any local or other duly constituted authority which may be applicable to the works or to any temporary works and with such rules and regulations of public bodies as aforesaid and shall keep the Owner indemnified against all penalties and liabilities of every kind for breach of any such statute, ordinance, law, rule, regulation or by-law.

2.10.5 All fossils, coins, articles of value of antiquity and structures and other

remains or things of geological or archaeological interest discovered on the




site of the works shall be deemed to be the absolute property of the Owner and the Bidder shall take reasonable precaution to prevent his workmen or any other person from removing or damaging any such article or thing and shall immediately upon discovery thereof and before removal acquaint the Owner of such discovery and carry out as to the disposal, removal or otherwise of the same.

2.10.6 Except where otherwise specified, the Bidder shall pay all tollage and other

royalties, rent and other payments or compensation, if any, for granting stone, gravel, clay, or other materials required for the work or in connection therewith.

2.10.7 All operations necessary for the execution of the works and for the

construction of any temporary works shall so far as compliance with the requirements of the Contract permits be carried on so as not to interfere unnecessarily or improperly with the public convenience or the access to use and occupation of public or private roads and footpaths or of properties whether in the possession of the Owner or any other person and the Bidder shall save harmless and indemnify the Owner in respect of all claims, demands, proceedings, damages, costs, charges and expenses, whatsoever arising out of or in relation to any such matters.

2.10.8 The Bidder shall use every reasonable means to prevent any of the

highways and bridges communicated with or on the routes to the site from being damaged or injured by any of his or any of his Sub-Bidder’s traffic. For any damage caused by the breach hereof, the Bidder shall be solely responsible.

2.10.9 On completion of the work, all rubbish, kilns, vats, tanks, materials and

temporary structure of any sort or kind used for the purpose or connected with the construction work are to be removed and kept in a place designated by the Owner and all pits and excavations filled up and the site handed over in a tidy and workmanlike condition and no final payment in settlement of the account for the said work shall be held to be due or shall be made to the Bidder till such site clearance shall have been effected by him and such clearance may be made by the Owner at the expenses of the Bidder in the event of his failure to comply with this provision within 7 days after receiving notice in writing from the Owner to that effect. If it becomes necessary for the Owner to have the site cleared as indicated above at the expense of the Bidder, the Owner shall under no circumstances be held liable for any losses or damages to such of Bidder’s property as may be on such site due to such




removal there from, which removal may be effected by means of public sale of such materials and property or in such a way as seems fit and most convenient to the Owner.

2.10.10 The Bidder must take sufficient care in moving his construction plant and

equipment from one place to another so that they may not cause any damage to the property of the Owner, particularly to the overhead and underground services and in the event of his failure to do so, the cost of rectification of such damages including eventual loss of working hours in any plant as estimated by the Owner shall be borne by the Bidder.

2.10.11 The Bidder shall be responsible for the safety of his workmen and

employees. All accidents should be immediately reported to the Owner and statutory authorities.

2.10.12 The Bidder shall comply to the provisions of the payment of wages and the

rules made there under in respect of all the employees employed by him. 2.11 Possession prior to completion

The Owner shall have the right to take possession or use any completed or partially completed work. Such possession or use shall not be deemed to be an acceptance of any work done not in accordance with the Contract.

2.12 Inspection and tests at Bidder’s premises

2.12.1 The Consultant/Owner shall have the right of inspecting and testing the contract work or any part thereof at any time during the manufacture by himself or his authorized representative / agency and the Bidder on demand from the Consultant / Owner shall carry out such tests in appropriate manner in the presence and free of charge to Consultant / Owner’s Inspection Agency. Should a part of the plant be manufactured not on Bidder’s own premises but on other premises, the Bidder shall likewise obtain permission for the Owner to inspect and test the work as if the said plant were being manufactured on the Bidder’s premises. The inspection, examination or testing carried out by the Consultant/ Owner’s Inspection Agency shall not relieve the Bidder from any of his obligations under this Contract.

2.12.2 The inspection and tests shall be so conducted as not to unreasonably impede the progress of manufacture.

2.12.3 The Bidder shall bear all costs of any and all inspections and tests and extend all such facilities to the Owner or his authorized representative to accomplish the same. Where special tests in addition to agreed tests are




required by the Consultant / Owner, the Bidder shall bear the cost of the testing only if such special test proves that the equipment is not in accordance with the specifications.

2.12.4 The Consultant / Owner upon giving 7 days’ notice in writing and stating any grounds of objection, shall have the right to reject any or all equipment or demand rectification or replacement thereof.

2.12.5 The Bidder shall submit to the Consultant/ Owner quarterly programme of inspection and tests one month in advance of the commencement of the quarter. The Bidder shall give the Consultant / Owner a minimum of six weeks clear notice of any work being ready for inspection and tests specifying the period likely to be required for such inspection and tests. Thereafter, the Consultant / Owner or his inspector shall, unless inspection or test is voluntarily waived, on giving 7 days previous notice in writing to the Bidder attend at the Bidder’s or his Sub-Bidder’s premises, such inspection and tests. Should however the Consultant / Owner so instruct the Bidder, the Bidder shall proceed with the inspection and test which shall be deemed to have been made in the Consultant / Owner’s presence and shall forthwith forward to the Owner copies of inspection / test certificates for acceptance by the Owner. The proforma and number of copies for inspection/test certificates shall be mutually agreed and included in the project manual.

2.12.6 When the tests have been satisfactorily completed at the Bidder’s or sub-

Bidder’s premises, the Consultant / Owner shall forthwith issue a certificate to that effect. If the tests were not witnessed by the Owner or his representative, the certificate shall be issued on receipt of the test reports from the Bidder but not later than 30 days after the receipt of the test reports by the Consultant / Owner. No plant/ equipment shall be shipped or otherwise dispatched before such certificates have been issued.

2.12.7 In case any inspection/tests fails, re-inspection/ retest shall be carried out

after necessary rectification / replacement by the Bidder. 2.12.8 No plant & equipment and material shall be shipped before dispatch

instructions have been issued by the Consultant / Owner. 2.12.9 The satisfactory completion of inspection/test or issuance of the certificate

by the Consultant / Owner or his inspector / representative shall not discharge the Bidder of his liability should the equipment on further inspection / test during or after erection, be found not to comply with the requirement of the contract.




2.12.10 In the case of commissioning spares, operating & maintenance spares, the

same shall be offered for inspection only along with the main equipment, which has to be inspected and satisfactorily tested.



MEC/01/E1/TS/PDS/197C/PKG-010/0001 Chapter 3, Sheet 1 of 3 “© 2020 MECON Limited. All rights reserved”

3.0 SITE CONDITIONS 3.1 Location

KIOCL has 350 cu.m Blast Furnace complex at Panambur with facilities to produce Pig Iron, near Mangalore This KIOCL plant site is adjacent to the east boundary wall of Mangalore chemicals and fertilizers (MCF) plant. The national highway NH-17 is about 2 km towards southwest of the site. Two urban areas of Dakshina Kannada Districts – Suratkal and Mangalore are on the north and south directions respectively. Of these, Mangalore urban areas is closer to the site. The New Mangalore Port (NMP) is an all weather port on the shoreline of Arabian Sea. The project site is about 2.5 km from the NMP.

3.2 Infrastructure a) Climate

High humidity and oppressive weather mark the climate in hot seasons. Monsoon (June-September) is marked by heavy rainfall averaging 3500mm a year. July is the month of heaviest rainfall. Visibility reduces to 4 km or less during the heavy rainfall in the months of July (for about ten days). Pre-monsoon showers also occur during May with thunderstorms. The place also receives some showers during October-November due to northeast monsoon. Average number of rainy days during a year is 123. The surface wind varies in direction but during monsoon it varies between northwest to southwest. During strong monsoon conditions, it is predominantly westerly and attains strength of 20 to 30 knots.

The extremes of air temperature encountered in the region are given below:

Maximum temperature : 38.50C Minimum temperature : 180C RH : Varies between 65% and 96% Outside design data: SUMMER MONSOON WINTER DB 35.60C 29.40C 21.10C WB 27.80C 27.80C 17.80C




b) Transportation

The area is well connected to the road network via national highway NH-17 that is about 2 km from the site. Due to inadequacy of space for accommodating rail-yard inside the plant, rail facility shall not be available. The New Mangalore Port is situated about 2.5 km away from the site, which has adequate facilities to meet export / import requirement of the plant.

d) Power

Power supply for KIOCL plant is available at 110 kV from MESCOM (Mangalore Electric Supply Company) / KPTCL (Karnataka Power Transmission Company Limited). This is further stepped down using 110/6.9 kV, 12.5/16 MVA (ONAN/ONAF) MVA transformer for the plant power distribution.

e) Water

Industrial quality water is treated in water treatment plant and final quality of the water available is as follows: pH : 7.5 to 8.3 Suspended solids : 20 mg/l Iron : 0.3mg/l BOD 200C : 3 mg/l Colour : 4 Hazen units Turbidity : 5 NTU Amount of treated water available : 100 m3/hr




3.4 Site conditions

1 Location :Baikampadi Industrial layout, Panambur, Mangalore District, Karnataka State

2 Latitude : 12056’N

3 Longitude : 74050’E

4 Check Protect condition : Approximately 22m2

5 Atmospheric and Climatic conditions

a) Atmospheric pressure :1010.9 milli Bar (max) 1005.4 milli Bar (average) 1003.3 milli Bar (min)

b) Dry bulb temperature, 0C :24.7 (min) Winter 35.6 (max) summer 45 for Electrical equipment design

c) Wet bulb temperature. 0C : 27.8 (max), 17.90 (min)

d) Relative humidity, % :91 (high) 61 (low) 74 (average)

e) Climatic conditions : Hot, Humid and conducive to rust f) Max. Rainfall intensity : 4100 mm (mean annual) g) Average No. of rainy days/year : 122.7

h) Wind velocity : Basic wind speed at 10m height:

39 m/sec (as per IS: 875, Part-3, 1987)i) Predominant wind direction : From east

j) Earthquake load (basic zone factor Z)

: 0.16 seismic zone III as per IS: 1893-2002, Part-1

k) Importance factor : 1.5 l) Ambient air quality : Dust laden air containing iron ore dust

TENDER DOCUMENT FOR POWER DISTRIBUTION WORKS (PKG No. - 010)



4.0 SCOPE OF WORK, BATTERY LIMITS AND EXCLUSIONS General:

Power supply for KIOCL plant is availed at 110kV from KPTCL/MESCOM and

stepped down using 110/6.9 kV, 12.5/16 MVA Power Transformers in Main

Step Down Substation (MSDS). The MSDS houses 6.6 kV switchgear of ABB

make to cater to the KIOCL plant loads.

The broad scope of work and battery limits for the power distribution system

package is described in this chapter. Bidder shall note that the work shall be

carried out on a turnkey basis, in brown field in the existing MSDS. Bidder shall

ensure plant site visit for their own clarity about the site status and in order to

clearly understand their scope of work. Bidder shall collect information on

drawings / documents of existing systems / equipment / installation / plant site

as required for his engineering.

4.1 Scope of works:

The scope of work for power distribution shall include design,

manufacture/procurement, testing at works/ recognized Test centres, arranging

Owner’s/ Consultant’s inspection, supply (ie) packing and forwarding,

transport, receipt at site, unpacking and unloading at site, arranging for safe

storage, provision of watch and ward from receipt of material till successful

handing over, transportation to place of erection, retrofitting, erection, testing

and commissioning and liquidation of defect points and post commissioning

activities till issue of Final Acceptance Certificate (FAC) of all electrical

equipment as required for the power supply distribution system of MSDS

A. ENGINEERING

- Detailed engineering of the power distribution system within the battery limits

as specified.

- Submission of the detailed engineering drawings / documents and

manufacturer’s drawings for approval/ information.

- Submission of Relay setting calculations and relay coordination for all

numerical relays in the scope of supply of bidder for owner/consultant




review. Required input data viz., load details, CT ratio etc will be furnished

to bidder during engineering stage.

- Submission of required data / drawings/ information viz load data/ floor and

wall openings if any required and cut-outs/ embedded metallic inserts etc for

preparation of detailed civil engineering drawings.

B. SUPPLY

The major electrical equipment covered shall include but not be limited to the

following:

- Retrofitting works as mentioned below of existing outgoing feeders (empty

cubicles with existing bus bars) available in 6.6 kV Switch Board at MSDS.

List of cubicles is as mentioned in cl.4.2 of this chapter.

- Supply of fully tested 1250A (12 Nos.) & 2000A (2 Nos), 6.6 kV fully draw

out, floor mounted type VCBs with complete control circuit wiring.

- Type of feeder, protections, CTs/ PTs of ratios & rating as mentioned in cl.

4.2 for each feeders and as per typical feeder scheme drawing.

- Surge arresters of suitable rating where applicable.

- LV Control chamber components for each empty cubicle of 6.6 Kv

switchboard shall be provided with viz., Numerical relays, Meters, control

MCBs, Auxiliary relays, annunciators, indicating lamps, Breaker Control

switches, selector switches, Push buttons, terminal blocks, current

transducers etc. as per SLD/ TS. For fixing these components LV chamber

panel door shall be replaced with new door with necessary cut out / opening

required for fixing the components. The works for the same shall be done

at manufacturer’s works.

- 1 No of earthing truck housed in separate panels complete with PTs, alarm,

annunciation for earthing 6.6 kV VCB. Earthing truck shall be provided with

a 2.5 mm thick CRCA metal enclosed housing for parking while not in use.

- Panel wiring required for control supply & auxiliary power supply to be

provided by bidder for all these feeder cubicles at manufacturer’s works.

- All necessary electrical interlocks between Incoming, bus coupler & Tie

feeders shall be provided with necessary control wiring modifications by the

bidder.




- Inter panel wiring up to terminal blocks shall be done by bidder at site.

- Earthing system comprising of GI pipe electrode, GI strips / wire, etc as per

IS 3043 within battery limits.

- Supply of operational spares.

- Supply of all commissioning spares.

- Special tools and tackles required if any, for regular operation and maintenance

- Safety materials such as insulating mats of suitable voltage grades (as per

IS:15652) hand gloves, shock treatment charts, Danger/Caution boards, fire

extinguisher, fire buckets with stand etc

- Any item or equipment not specifically mentioned but essential for proper

installation, reliable operation, maintenance and safety of plant shall also be

included in the scope of work of the contractor.

C. SERVICES AND SITE ACTIVITIES

The bidder’s scope for services and site activities are as follows:

i) Erection of all electrics within battery limits etc under the scope of supply of

bidder.

ii) All retrofit/modification works shall be executed by bidder with proper and

mandatory safety measures/ protocols/ line clearance/ shut down.

iii) Bidder shall submit “Implementation schedule” for the entire erection works

viz., Mounting & fixing of new VCBs, inter panel wiring, fixing and levelling

of new panel etc. with proper shut down plan, restoration plan to Owner /

consultant well in advance for approval.

iv) Testing and commissioning of all electrics within battery limit in an

integrated manner along with the purchaser’s facilities fulfilling all

mandatory safety protocols as per client requirement.

v) The scope of works shall include minor civil works related to the placement

of panels/equipment being supplied by contractor in electrical premises viz,

chipping, grouting, making/closing, providing chequered plates for unused

openings etc.

vi) Core cutting works (for making floor cut outs) as per requirement to be done

at site in line with panel cut out requirements for each panels with rear




extensions to be provided by the bidder. Floor cut out plan drawings for all

such panels shall be submitted by bidder for approval of Owner/consultant.

vii) Grouting of all the equipment supplied by the Contractor shall be in the

scope of bidder.

viii) It shall be the responsibility of the bidder to provide data/information

required for the design by others of other associated systems forming a part

of the project. For example, this shall include details of embedded metallic

inserts, GI conduits etc for civil works being done by others.

ix) Bidder shall coordinate and co-operate with other agencies viz., in

particular enabling works package contractor and with other contractors in

general engaged by the purchaser for any data/information exchange,

hardware/ software requirements to enable proper engineering, erection,

testing and commissioning of plant as a whole in addition to Providing

clarification (wherever required), exchange of feedback data, interfacing

discussions etc, to meet the requirement of various other packages of

project, erection contractors, operation people, etc, Co-ordination with

Purchaser/ Purchaser’s Consultant and other contractors as required.

Attending various co-ordination, progress review meetings, design

conferences, etc.

x) For installation work at site, bidder shall be fully responsible for arranging

the required handling equipment, winches, pulley, drilling machines, tools

and tackles, welding sets, pipe bending machine, cable crimping tools,

gauges, scaffoldings, ladders, temporary water and power connections as

required for smooth execution of work.

xi) On completion of the installation but before energization of the system, all

installations shall be physically checked and properly tested. These checks

and tests shall be conducted by the bidder under the supervision of

purchaser’s Consultant. The contractor shall furnish the final status and test

results. Any defect observed during such check and tests shall be rectified

by the bidder free of cost within contract completion period.

xii) Supply of necessary technical literature and document in “English language

only”, operation and maintenance manuals, safety manual, erection

drawings/ manuals, list of spares, approved general arrangement drawings,

assembly and sub-assembly detailed drawings of the equipment,




manufacturer’s test report, as-built drawings, manufacturing drawings for

all items and components, catalogues and data sheets specification &

drawings of consumables, etc. The above data/drawings/documents shall

be furnished in requisite number of copies in hard and soft in CD/ DVD as

indicated in the relevant chapter.

xiii) Furnish in soft copy in the form of pen drives of all drawings such as

earthing and equipment layout drawings, basic civil assignment drawing if

any including foundation bolts / inserts details as required, general

arrangement/SLD drawings of the equipment etc. However, some of the

drawings such as civil assignment etc, which shall be intimated by

Purchaser during detailed engineering, shall be submitted in AutoCAD

format.

xiv) Submission of manufacturer’s test reports of all equipment in the scope of

supply.

xv) Submission of documentation on safety and statutory measures.

xvi) All equipment covered under this package shall conform to the latest Indian

Electricity Rules as regards safety, earthing and other essential provisions

specified therein for installation and operation of the plant. All items of

equipment shall also comply with the latest regulations of Inspectorate of

Factories, Pollution Control Boards and other applicable statutory bodies of

Government of India and the State Government, as applicable. Nothing will

be construed to relieve the contractor of his responsibility

xvii) Obtaining clearance from statutory authorities (i.e) approval by statutory

Government Authority like Electrical Inspector, Factory Inspector,

Insurance Officials, etc. Any modification in the equipment or installation

that may be demanded by them will have to be carried out by the Contractor

at no extra cost to KIOCL. The bidder shall take all necessary steps

to get the installation approved by the above authorities for the

equipment supplied by him and will assist KIOCL in all necessary

formalities and follow-up, if required, for obtaining the necessary statutory

approval.




4.2 LIST & DETAILS OF FEEDER CUBICLE RETROFITTING:

S.No Feeder description

Existing Panel

no.

Type of feeder

(as indicated in feeder scheme

drg.)

New feeder description

Proposed CT ratio

No of 6.6kV (UE), XLPE

cables to be terminated

1 250 kW Motor feeder-1 for DISP

5 Type-1 Outgoing feeder to Oxygen plant

200/1-1A – Class 0.5/ 5P20

(3CX240) of sq.mm XLPE cable

2 2.5 MW induction furnace-1 DISP

8 Type-2 CPP TIE Feeder

1600/1-1A – Class 0.5, Class 5P20,

5 Runs of (3C x 300) sq.mm XLPE cable


12 Type-1 Outgoing feeder to Nitrogen plant

200/1-1A – Class 0.5/ 5P20



15 Type-1 Outgoing feeder to New DISP

1250/1-1A – Class 0.5, Class 5P20


5 1.6 MVA transformer feeder -1 LCSS 8 DISP

18 Type-1 Outgoing feeder to PCI

200/1-1A – Class 0.5/ 5P20



19 Type-1 Outgoing feeder to Oxygen plant

200/1-1A – Class 0.5/ 5P20


7 200 kW Motor feeder

20 Type-1 Outgoing feeder to Coke Oven

200/1-1A – Class 0.5/ 5P20


8 1.6 MVA 23 Type-1 Outgoing 200/1-1A – (3CX240) of




S.No Feeder description

Existing Panel

no.

Type of feeder

(as indicated in feeder scheme

drg.)

New feeder description

Proposed CT ratio

No of 6.6kV (UE), XLPE

cables to be terminated

transformer feeder -2 LCSS 8 DISP

feeder to Nitrogen plant

Class 0.5/ 5P20

sq.mm XLPE cable


24 Type-1 Spare Outgoing feeder

200/1-1A – Class 0.5/ 5P20



25 Type-1 Outgoing feeder to New DISP

1250/1-1A – Class 0.5, Class 5P20



29 Type-1 Outgoing feeder to PCI

200/1-1A – Class 0.5/ 5P20



31 Type-1 Outgoing feeder to Coke Oven

200/1-1A – Class 0.5/ 5P20


13 Spare motor feeder for DISP

32 Type-2 Spare For CPP TIE Feeder

1600/1-1A – Class 0.5, Class 5P20,


14 2.5 MW induction furnace-1 DISP

38 Type-1 Spare Outgoing feeder

1250/1-1A – Class 0.5, Class 5P20


NOTE: i) 1250A, 40kA, 3 sec rated VCBs shall be provided for O/G feeders (12 Nos). ii) 2000A, 40kA, 3 sec rated VCBs shall be provided for CPP TIE Feeder. (2 Nos). iii) Where more than 2 runs of cable to be terminated rear extension panels shall be

provided for cable termination. iv) The TIE feeder indicated above shall act as TIE connection with proposed 6.6 kV

Switchboard of new CPP of owner.




4.3 Design parameters and Operating Conditions

System Voltage : 6.6 kV, 3-phase, 3-wire : 415 V, 3-phase, 4-wire Frequency : 50 Hz Voltage Fluctuation : + 10% Frequency Fluctuation : ± 5% Fault Level (For selection : 40 kA for 3 sec for 6.6 kV of equipment) : 50 kA for 1 sec for 415 V System grounding : 6.6 kV - Resistance earth : 415 V - Solidly earthed Control Voltage 6.6 kV vacuum circuit breaker, : 220 V DC contactor operation, auxiliary relays, LED indication lamps of 6.6 kV switchboards etc Space heater : 240 V, 1-phase, 50 Hz coil, auxiliary relays, LED indication lamps etc Contactor with DC coil : 220 V DC

4.4 Makes of electrical equipment

i) All electrical equipment will be selected from list of “Preferred makes of

Equipment”.

ii) Due consideration will be given to inventory control, interchangeability,

troubleshooting etc, in design and selection of equipment and control.

iii) In case, make of some equipment / components are not indicated in

purchaser’s “Preferred makes of Equipment”, the same shall be

finalized in consultation with Purchaser/ consultant during engineering.

iv) In case of electrical equipment which are imported, they will be

tropicalized. It will be ensured that the components used are also

available from Indian sources. Sufficient spares will be supplied for

imported equipment/components.

v) Contractor shall ensure against OBSOLESCENCE of equipment under

their scope of supply for a minimum period of 10 years. The Contractor




shall also guarantee that discontinuity of production of any item offered

as part of the system will not affect the maintainability of the system.

4.5 STANDARDS

Equipment to be supplied by the bidder shall conform to the requirements of

this specification, latest revisions of IEC, Indian Standards, IE Rules,

requirements of state electrical inspectorate. In case of conflict, the most

stringent one shall govern.

4.6 BATTERY LIMITS:

The battery limits for electrical power distribution works in MSDS, starts from

the feeder bus terminals of 6.6 kv Switchboard of MSDS and shall include the

retrofitting works of this existing 6.6 kV switchboard as mentioned in the scope

of works.

4.7 EXCLUSIONS:

- Supply, lay & termination of HT and LT power and control cables

external to 6.6 kV Switchboard.

- Area lighting.

- Earthing and lightning protection beyond battery limits.

- Air conditioning and ventilation of MSDS building.

- Civil works. (Minor civil works viz., core cutting & floor/ wall chipping etc

are included in bidder’s scope)

4.8 Drawings / Documents to be submitted by bidder:

A) Design Drawings and Documents:

- Contractor’s scope of work for all design drawings and documents shall

be as given below unless specifically indicated and agreed by

Purchaser in writing. All design, engineering and manufacturing

drawings shall be required to be approved by Purchaser’s Consultant.

- The contractor shall submit a list of all drawings and documents with a

serial number, description, equipment identification/tag number and

scheduled date of submission within two (2) weeks from date of




commencement of contract. The list will be approved by Purchaser’s

Consultant and may be modified if necessary.

- Contractor shall also furnish soft and hard copies of all the drawings

indicated below and drawings of technological layout/units.

B) Information / data / drawings to be furnished by the Contractor

after Placement of order.

Sl. No Drawing Description Category

1. Single line diagram with component rating of feeders of 6.6 kV switchboard.

Approval

2. GA drawings of 6.6 Kv Switchboard & its components viz., CT, PT, meters etc with plan, front view, dimensions, cut-outs, weights.

Approval

3. Control schemes for 6.6 kV switchboard with protection relay terminal connection details

Information

4. List of interfaces / data exchange with purchaser’s equipment.

Information

5. BOQ for modified portion of 6.6 kV switchboard Information

6. Terminal diagrams, external connection diagrams for all feeders.

Information

7. Operation and maintenance manual, Procedure for testing and commissioning of the entire electrical equipment.

Information

8. AS BUILT drawings with reproducible pen drives Information

9.

Shop tests and inspection reports, test reports Type tests certificates of all major equipment like, switchgear etc Final test and calibration certificates and guarantee certificate / warrantee certificate.

Information

The list of drawings above is illustrative and “Document submission schedule”

shall be furnished by contractor subsequent to award of order.

C) As built drawings After successful installation and commissioning, contractor shall incorporate

revisions / modifications if any in the hard copy and reproducible and submit

'AS BUILT' drawings in bound volumes for purchaser's record.

Comprehensive manuals for operation and maintenance of the equipment with

drawings shall be provided. This shall include the following:




1. Preventive maintenance schedule for equipment

2. Procedure for shut down and energisation

3. Safety procedures for safe operation of equipment and complete

system.

4. Specification and updated BOM of equipment installed along with

ordering specification.

5. Test procedure for site tests.

6. Spares list for each equipment for 2 year operation and maintenance.

7. All as built drawings.

8. Technical brochures.




5.0 EQUIPMENT SPECIFICATION 5.1 General

Power supply for KIOCL plant is availed at 110kV from KPTCL/MESCOM and stepped down using 110/6.9 kV, 12.5/16 MVA Power Transformer in Main Step Down Substation (MSDS) houses 6.6 kV switchgear of ABB make to cater to the KIOCL plant load.

5.2 Power Supply Conditions

Voltage level Voltage Variation

Frequency Variation

6.6 KV, non effectively earthed ± 10% ± 5%

415 V, solidly earthed ± 10 % ± 5%

Reference ambient temperature : 450C

Relative humidity : 100% not occurring simultaneously with maximum temperature

Height above Mean Sea level : Less than 1000 M 5.3 Utilization Voltages

Motors over 160 kW : 6.6KV Control Supply at 6.6 kV switchgear : 220V DC Space heaters : 240V, AC, Single phase

5.4 Standards

Equipment to be supplied by the tenderer shall conform to the requirements of this specification, latest revisions of IEC, Indian Standards, IE Rules, requirements of state electrical inspectorate. In case of conflict, the most stringent one shall govern.

5.5 Technical specification for 6.6 kV Switchgear Design Criteria – 6.6 kV Switchgear

1. Type : Indoor floor mounted, fully compartmentalized,

metal clad, horizontal draw out switchboard with air insulated bus bars (with full voltage Raychem




sleeving) and vacuum circuit breaker on floor mounted draw – out trucks in natural air cooled sheet steel enclosure conforming to IP4X. Fully type tested as per IEC 298. Inter compartmental partitions as per IP 2X

2. Thickness of sheet steel (Minimum thickness) Sides/ bottom/ partition between panels

: 2.0 mm hot rolled sheet steel

Front & rear hinged door & covers

: 2.0 mm cold rolled sheet steel

Frames & Load baring parts : 2.0 mm cold rolled sheet steel

3. Rated voltage : 3 phase, 50 Hz, 3 Wire 6.6 KV 4. Continuous rated current at

450C : As per requirement

5. Short circuit withstand

capability of switchboard including busbars

a) Short time rating : 40 kA (RMS) for 3 sec b) Dynamic rating : 100 KA Peak

6. Insulation level Impulse withstand value : 60 KVP 1 min. PF withstand value : 20 kV (RMS)

7. Busbars a) Material of busbars : Aluminium b) Temperature rise of busbars

at rated current over 450C ambient

: As per IEC 60694

c) Busbar joints : Zinc passivated bolts & tinned surfaces and Flexible connections if required

e) Insulation : Encapsulation of Main & feeder Busbars / sleeving and joints to full insulation for rated BIL.

d) Shrouds : At all joints & All tappings e) Material & size of earth bus : Shall match with existing switchboard f) Phase identification : Colour tapes g) Support insulators : Non-hygroscopic, non-tracking, resin cast

insulator. 8. Auxiliary connections : Silver-plated, 16A plug and socket with

necessary interlocks. 9. Safety shutters : Automatically operated shutters with facility to

lock the busbar and cable side shutters independently.

10. Locking facility : Special door locking with key Integral locking facility for carriage position lock

11. LSC Category : LSC2B-PM




12. IAC Classification : IAC-FLR,40 kA, 0.1 sec 13.Applicable Standards : IEC-62271 ( Part 200 ), IEC 60694 Accessories with each cubicle

a) Panel illumination lamp with switch

: To be provided in metering compartment

b) Space heater : 240V, AC, 50 Hz heater with thermostat & control switch

c) 3 pin power socket with switch

: To be provided

d) Base channel : Base channels as required shall be supplied as part of cubicle as per requirement

e) Termination accessories : LT power and control cables to be terminated in the panels.

f) Nameplates, inscription plates for components, switches and feeder identification.

: To be provided

g) Flexible copper connections between hinged doors and cubicle for earthing

: To be provided

h) Breaker accessories visible and accessible from outside with the cubicle door closed.

: Indications for Breaker position TEST/ SERVICE/ Breaker ON/OFF, spring charged Mechanical trip push button accessible from outside with panel door closed Mechanical closed push button accessible only after opening the door

i) Removable weld wire mesh behind the panel

: To be provided

j) Danger notice boards and instruction plates

: To be provided

k) Breaker operation counter : To be provided l) Components to be mounted on the front door of cubicle

: Push buttons, control & selector switches, lamps, meters, relays (all as per approved layout)

m) Cable entry i) Outgoing Cable : Bottom ii) Control cable : Bottom cable entry with necessary shielding.

n) Terminals : LT power, control, CT, D.C, A.C terminals shall be segregated and identified. CT terminal shall have shorting links.

o) Earthing trucks : Earthing trucks for and cable earthing with safety interlocks and audio/visual indication.

p) Enclosure : IP4X q) Indicating lamps : Front “ON/OFF/TRIP/Trip circuit Healthy/spring

charged “ Minimum safety clearances in air :




Between phases in mm :As per IEC

Between phase & earth in mm :Control Schemes : As per approved drawings Breaker 1) System

: 6.6 kV, 50 Hz, 3 phase 3 wire, system earthed through resistance

2) Highest system voltage : 7.2 kV 3) Design ambient : 450C 4) Ratings Rated current in IP4X

enclosure at 450C ambient : 1250A & 2000 A

5) Symmetrical breaking capacity : 40 kA (RMS) for 3 sec Making capacity & dynamic stability rating

: 100 kA Peak

Short time current rating : 40 kA for 3 sec. 6) Insulation level

One min. P.F withstand value kV RMS

: 20 kV

1.2/50 microsecond impulse withstand value kV (peak)

: 60 kVP

Operating duty : 0-0.3 sec-CO-3 min-CO 7) Total break time : Less than 5 cycles 8) Critical current : Shall be re-strike free

Arc extinction medium : Vacuum 9) First pole to clear factor : 1.5 10) Operating mechanism

Type of closing : Spring charged stored energy- manual independent closing

11) Method of closing : Manual and motor drive Spring charging motor 19) Rated voltage b) Operating voltage range

::

220 V DC 85-110% of rated voltage

Closing Coil 19) Rated voltage b) Operating voltage range

::


Shunt trip coil 19) Rated voltage

b) Operating voltage range

::


12) No. of poles/ phase : One 13) No. of breaks / pole : One 14) Auxiliary contacts : 6 NO + 8 NC

(Silver plated contacts) 15) Rating of auxiliary contacts

: 10A at 240 V AC 4A at 220 V DC




16) Wiring of auxiliary contacts

: All auxiliary contacts shall be wired to terminal block, external to draw out truck

17) Test, service position of breaker

: Without opening the door

18) Material of fixed & moving contacts

: Silver-plated copper moving contacts, contacts with self-aligning feature having sufficient contact pressure.

19) Breaker fully type tested as per.

: IEC - 62271, Part 100

Current transformer Type : Resin cast, bar primary Ratio : As indicated Burden, accuracy class cores As required. Shall be finalized during drawing

approval a) Short time rating : 40 kA for 3 sec. b) Dynamic stability current : 100 kA peak c) Insulation level Impulse withstand voltage kVP : 60 PF withstand voltage kV (RMS) : 20 Applicable standard : IS 2705, 1991 Potential transformers 1. Applicable standard : IS-3156 (1992) 2. Type

: Resin cast, natural air cooled

3. Ratio

: 6.6kV/3/110V/3/ 110V/3

4. Connection

: 3 phase, star/ star/delta

5. Rated burden : As per requirement. Shall be finalized during drawing approval. Class 0.5/ 3P

6. Voltage factor : 1.2 continuous, 1.5 for 30 secs

7. Neutrals

: Neutrals to be brought out for earthing on HV & LV side

8. Insulation level Impulse withstand voltage, kV peak

: 60

PF withstand voltage , kV (RMS)

: 20

9. Protection HV side : HRC fuse

LV side : MCB with auxiliary contacts




10. Mounting of PT

: At Panel rear side with suitable extension as required

Metering System 1) Type of meters : Flush mounting type Microprocessor based

composite meter for current, voltage, frequency, power, power factor including energy functions (KWh, KVARH & KVAH) with serial communication port (RS 485)

Auxiliary equipment 1) Protection relays : Numerical, multi-function, communicable

protection relays with adequate binary I/Os. Numerical type aux. voltage 220 V DC (Schneider/ ABB / SIEMENS make)

2) Control switches : 16A, 440 V AC / 10A, 220 V DC Quick make, quick break, flush mounted, stay put/ spring return, IS 4064

3) Push buttons : 2A, 220 V DC / 10A, 440 V AC 1 No +1 NC, Flush mounted, IS 1336

4) Indicating lamps : LED type suitable for flush mounting. Assembly for bulb is from the front.

5) Control circuit protection : MCB 6) Paint : Epoxy paint, Shade will be finalised during

approval to match with existing panel.

Technical Specification

i) General

The switchgear shall comply with list of applicable codes and standards and enclosed specification. The switchgear shall be factory assembled and fully type tested as per IEC for the following:

Current rating and fault rating Switching capacity Insulation level Switching over voltages

ii) Type of gear

The switchgear shall be metal clad, dead front, air insulated, natural air cooled, fully compartmentalized, fully draw-out, and self-standing




indoor cubicle conforming to IP4X. Each cubicle construction shall be based on unit principle. Metal clad switchboard fabricated with CRCA sheet steel having enclosure degree of protection of IP4X without forced ventilation. It shall be possible to perform all switching operations with door closed. Interlocks required for safe switching, operation and maintenance shall be provided. Wherever possible, mechanical interlocks shall be provided in addition to electrical interlocks.

iii) Cubicle

Cubicle shall be fully compartmentalized with metallic partitions having separate chambers for main busbars, CT's and cable terminations, switching device, LV chamber for metering, protection and control equipment. The metallic partitions shall be earthed and compartments thus formed shall be dust and vermin proof. This state of the compartments shall be maintained while switching device is in service position. Pressure relief flaps, which cannot be opened from outside shall be provided to vent upwards in case of arcing faults inside the cubicle. To ensure personnel safety, the following conditions shall be met for internal arcing faults. Further arcing fault tests shall be carried out in the cubicles in each compartment as per relevant IEC standards and the necessary test certificate for the tests shall be submitted along with the offer. Correctly secured doors, covers, etc, must not open. Parts, which may cause hazard to personnel, must not fly-off. Earthing connections must remain effective. Cubicle shall be suitable for bottom cable entry both for HT power cable and control cables, at the rear side of respective cubicle.

iv) Busbars

Busbars shall be made of Aluminium of suitable size to match the extension and connection with existing busbar. Maximum temperature of busbars, joints at rated current shall not exceed the limits specified. Provision shall be made for taking up changes in length of busbars due to change in temperature. Short time thermal withstand capability and dynamic stability of busbars shall as applicable to the




switchboard. Horizontal busbars shall be housed in totally enclosed compartments with removable bolted covers. Bus bar cross-section shall be selected to match the existing busbar. feeder busbars shall be rated correspondingly to breaker rating. Feeder busbars shall be fully insulated and busbar joints shall be provided with removable insulation shrouds. Entire bus work, CT’s shall be supported on resin cast insulators of adequate creepage distance. Busbars shall be tinned at joints. High tensile bolts with suitable spring washers shall be used for busbar joints. Prior to joining, oxide-inhibiting grease shall be applied after cleaning the surfaces. Busbars shall be supported on non-hygroscopic anti-tracking, flame retardant insulating supports. Busbar chamber of each panel shall be segregated from the busbar chamber of adjacent panel. LV compartment, switching device & termination compartments shall be segregated from those of adjacent cubicles. Busbars chamber shall be provided preferably with seal-off bushings to segregate busbar chambers of adjacent panels and prevent spread of fire from one panel to next. Lockable lift-off type front door shall be provided for switching device compartment. LV compartment shall have independent hinged door with locking facility. Rear side of cubicle shall be provided with removable covers with special tools. All mechanical indications of breaker truck / carriage positions, Breaker ON/OFF/ Trip conditions, spring charged/ discharged indications shall be freely visible from outside. Emergency trip push button shall be accessible from outside. All control switches, indication lamps, meters, protection and auxiliary relays shall be flush mounted on the swing panel of respective LV compartment. v) Circuit breaker The circuit breaker shall be three-pole vacuum break, horizontal draw-out type with stored energy spring charged operating mechanism.




The circuit breaker shall be three-pole vacuum break, horizontal draw-out type with stored energy spring charged operating mechanism. The circuit breaker design shall ensure re-strike free operation. The breakers shall be provided with “contact wear indicator” visible from the front of the equipment, without requiring opening of the cubicle door, allowing the operator to assess the conditions of the interrupters whilst the unit is in service. It shall be possible to isolate easily the vacuum interrupter unit from the operating mechanism for mechanical testing of the interrupter to check loss of vacuum. The Vacuum Circuit Breakers shall be complete with surge arrestors to provide protection to the equipment against switching surges (where specified).

Surge diverter should be provided as indicated in SLD.

The air clearance between phases and between phase to earth at the breaker incoming and outgoing terminals shall not be less than those indicted in the IEC/IS, corresponding to the basic insulation levels of the circuit breaker.

Floor mounted withdrawable trucks shall be provided for VCBs/Line PTs etc. The design of the CB trucks shall be such that CB trucks of same rating are only interchangeable with each other and it shall not be possible to insert a lower rated CB truck in a higher rated panel. All CB/PT earthing trucks shall be provided with suitable mechanical guide to ensure proper alignment of the truck power isolating contacts. The circuit breaker design shall ensure re-strike free operation and have very low value of chopping current under all switching duties, switching surge voltages while switching ON or OFF of low inductive currents, locked motor currents, capacity currents etc., shall not exceed 2.5 PU (Max.). In case switching voltage is more than 2.5 PU, the value shall be indicated in the offer. In case of possibility of high transient voltage, more than 2.5 PU, metal oxide, gap-less surge arrestors shall be provided. The breaker with its operating mechanism and surge arrestors shall be suitable for high frequency of operation (switching ON and OFF) and shall be able to operate reliable with a long period of interval between maintenance. Further the surge arrestors shall be provided with pressure relief vents. Provision of mechanical indication for the arrestor’s failure is preferred. The air clearance between phases and between phase to earth at the breaker incoming and outgoing terminals shall not be less than those indicted in the IEC/ British Standards, corresponding to the basic




insulation levels of the circuit breaker or as indicated in the design criteria. In case of breakers with multiple poles in each phase, equal current sharing between poles shall be ensured by means of current balance scheme. Each pole of the phase shall, preferably have rated switching and fault capacity. If the poles are not identical, switching sequence shall be accordingly ensured with positive mechanical interlocks. Parts of the breaker required for maintenance, inspection or replacement shall be easily accessible.

vi) Operating mechanism All circuit breakers shall be provided with motor operated stored energy, manual independent closing and shunt trip mechanism with built in anti-pumping feature and trip operating mechanism conforming to IEC. The shunt trip and closing coil and spring charging motor shall be suitable for AC or DC control supply as indicated in design criteria. In case of circuit breakers with more than one operating spring, they shall be so interlocked that the springs are charged to the same extent and the breaker can be closed only if all the springs are charged to the required values. In the event of manual charging of springs, it is preferred that means shall be provided through a limit switch in the operating mechanism to cut off the electrical circuit of spring charging motor on insertion of the operating lever. In order to ensure the reliability and long operating life for the mechanism, the mechanism shall be light, with a high mechanical strength and abrasion resistance to avoid high rate of wear and tear and with few components. The number of components in the breaker and operating mechanism shall be kept to a minimum and they shall be designed to be free of undue stresses during normal or short circuit operations. Further they shall ensure a high frequency of operations indicated in technical particulars. All the moving parts of the mechanism requiring inspection, maintenance and lubrication shall be easily accessible. The life of the operating mechanism shall not be less than 50, 000 operations.




Trip coil shall operate satisfactorily between 70% and 110% of rated voltage while closing coil and spring charging motor shall operate satisfactorily between 85% and 110% of rated voltage. The closing and tripping circuits shall be self-opening on completion of their respective functions, irrespective of position of the breaker ON/OFF switch. Mechanical breaker ON/OFF and spring charged indication shall be provided positively coupled to the operating mechanism and visible from the front with cubicle door closed. Each breaker shall be provided with mechanical trip push button, accessible with door closed.

vii) Auxiliary contacts

Each circuit breaker shall have required number of auxiliary contacts to control circuit changes for indication, protection, interlocking, supervision, metering and others. All auxiliary contacts shall be positively operated by the main apparatus and all contacts shall be adequate to make, carry and interrupt the currents in their circuits. Minimum of 4 NO + 4NC auxiliary contacts shall be available for Owner’s exclusive use at site. Multiplication of breaker auxiliary contacts shall be avoided. However in case of necessity, electrically reset, mechanically latched relays shall be used. Further these contacts shall be available in both test and service positions. Breaker auxiliary contacts available in test and service position and those available in service position only shall be clearly indicated. All the contacts for customer’s use shall be wired upto the terminal block. Advance and retard contacts as required by the control circuits shall be provided. Contact sequence diagram shall be provided. Interlock with door limit switch shall be provided to ensure that the breaker cannot be closed in service position with door open. A readily identifiable mechanical emergency trip device as well as provision for manual charging of springs through the cubicle door shall be provided for each breaker.




viii) Breaker truck/ carriage The circuit breaker with its control units, operating mechanism, isolating and interlocking gears, auxiliary switches, isolating contacts and wiring shall be carried on a horizontally with-drawable, sheet steel dead front truck / carriage on wheels / guide channels. The truck / carriage shall be provided with handles for maneuvering the breaker into position. All Circuit breaker trucks / carriages of same rating shall be identical in all respects and shall be interchangeable at site. The circuit breaker truck / carriage shall have three clear position viz. the service position where the control and power terminals of the circuit breaker are engaged; The test position, where the power terminals of the circuit breaker are isolated, while the control terminals remain engaged; maintenance position where both power and control terminals of the circuit breaker are isolated. The service and test position of the circuit breaker shall be within the cubicle and it should be possible to keep the door closed, with the breaker truck carriage in either test or service position. However, the maintenance position can be with door open. The truck movement inside the cubicle shall be within guide ways, on metal / nylon roller and the movement of the truck shall be smooth and reasonably effortless. At the end of the travel i.e. in service position or in test position it shall be ensured that the breaker terminals engage positively. Further mechanical indications shall be provided to be visible from the front of cubicle door for the position of the truck / carriage. The truck / carriage shall be provided with locking arrangement for locking them in either test or service position, to prevent movement due to short circuit forces. Spring loaded, sliding earth terminals shall be provided on both sides of the truck/ carriage, making positive connection with the earth strip provided with cubicle to ensure that all non-conducting metal parts are securely earthed before moving the breaker truck / carriage to test and service positions. The location of the earth terminal shall be such that, it should be first to make and last to break to ensure personal safety. All the non-conducting metals parts shall be bonded together and connected to the earth terminal by means of a separate connection. Bolted connections of the framework of the truck / carriage shall not be used as earth continuity conductors.




ix) Interlocks Mechanical interlocks shall be provided on each truck/ carriage to prevent mal-operation and in particular to ensure that: a) The truck cannot be moved in or out of its cubicle with the circuit

breaker closed. b) The circuit breaker can only be closed when the truck is in one of

the positions i.e. the service position, a definitely located test position or fully out of the cubicle in the maintenance position. the necessary contacts for the same shall be provided on the truck / carriage at these locations.

c) The truck cannot be pushed to service position, if either set of

safety shutters is not free and not in its normal closed position. d) The truck cannot be pushed to service position without making the

connections of control isolating contacts.

e) In case of plug and socket connections for isolating contacts, it shall be ensured that the correct sequence of connections is maintained.

x) Isolating contacts and shutters

Power isolating contact assembly shall have self-aligning silver faced contacts with replaceable fingers or equivalent construction. The moving contact shall engage with the fixed contacts through opening in the bus bar and current transformer chambers. Each opening shall be covered by vermin proof spring-loaded with automatic safety shutters. With the safety shutter closed, it shall not be possible to introduce even small tools such as screwdrivers and complete protection shall be offered against accidental contact with live terminal, in line with protection class of enclosure specified in the design criteria. a) Independently operable, bus bar and cable end shutters shall be

provided, operated by the movement of the truck/ carriage, so that when the breaker truck is moved out of service position, the shutters shall enclose the live terminals to prevent inadvertent access to these terminals. The shutters shall be provided with independent locking arrangement.




b) The shutters shall preferably be of transparent polycarbonate material to enable visual inspection of bus bar terminals and finger contacts with the shutters closed.

c) Shutters shall be positively operated by the travel of the truck/

carriage and each shutter independently of the other. d) Bus bar shutters shall be labeled to distinguish them from feeder

shutters and both shutters shall be independently lockable in the closed position.

xi) Auxiliary control connections

The wiring on each truck/ carriage shall be connected to the wiring on its cubicle by means of plug and socket connections or by means of spring loaded sliding finger contacts. In case of plug and socket arrangement interlock shall be provided so that plug is removed before the breaker is withdrawn to maintenance position and breaker cannot be moved into service position without inserting the plug into the socket. Further there shall be an interlock to prevent improper connections. In case of finger contact arrangement, perfect alignment of male and female contacts shall be ensured and the contacts shall be of high conductivity, electrical grade copper with silver facing. Clear distinction shall be made between the contacts, those available in test and service position and those available in service position only.

xii) Cable Termination The cubicle shall be suitable for terminating cables or bus trunkings as specified. Sufficient space and support arrangements shall be provided for terminating specified no of power cables with bottom entry as specified. If the required number of cable terminations cannot be accommodated in the respective cubicle, shall be provided. Where core balance types CT’s are specified, the same shall also be enclosed inside the cubicle. Blank G.I plates gasketed and bolted to the cubicle for glanding and terminating low voltage control and power cables shall be provided. Double compression type brass cable glands shall be supplied for LT and control cables of specified type and size. Heavy duty tinned copper lugs of crimping type shall be provided.




xiii) Instrument transformers

Current transformers The instrument and protection current transformers shall be supplied as specified and shall have the ratings, outputs and accuracy as specified or required. The current transformers ratio specified are provisional and are subject to alteration and confirmation later. Where outputs and accuracy are not specified, these shall be such as may be required by the metering or protective circuit in which they are used. Same shall be finalized during drawing approval. Separate cores shall be used for metering & protection. All current transformers shall be designed to have over current factors to withstand the fault currents of the associated system as applicable to the switchboard. Current transformers used for protection shall have an accuracy limit factor not less than 10 for motors and 20 for transformers. Those used for metering shall have a saturation factor 5 and accuracy corresponding to class 1.0. All current transformers shall have 1Amp. secondaries and shall be of the air insulated, plain ring type, encapsulated in thermal setting resin and with bar primary. All CT’s shall be mounted in a separate chamber on the fixed portion of the cubicle, on the outgoing side of the circuit breakers, so that circuit breaker trucks of same rating and of different circuits having different C.T ratios are interchangeable. Polarity of primary and secondaries of all the CT’s shall be clearly marked. Short time thermal rating & dynamic fault current withstand rating of CT’s shall match with the switchboard rating.

Voltage transformer (PT)

The instrument and protection potential transformers shall be supplied as specified and shall have the ratings, outputs and accuracy as specified or required. The Potential transformers ratio specified are provisional and are subject finalization during engineering. The potential transformer outputs and accuracy are provisional and same shall be finalized during drawing approval.




Voltage transformers shall be built-up of CRGO electrical steel. The voltage transformers shall be resin cast dry type, mounted on draw-out trucks. The PTs shall be single phase, connected in star/ star or star/star/open delta type as required, fully insulated with neutral points brought out for earthing on both sides.

Basic features of draw-out truck/ carriage specified for breaker shall also applicable for draw-out truck of PT including safety shutters. HT side of PTs shall be protected by HRC fuses, mounted on draw-out truck. LT side shall be protected by means of MCBs. LT terminals shall be terminated on separate power terminal block located in the same panel. Primary side neutral point shall be earthed through a removable link and one phase shall be earthed on the secondary side, through a removable link.

xiv) Accessories Numerical relays

General requirements

All protective relays shall be of numerical design and shall conform to IS: 3231 & IEC: 255. All Relays shall be compliant with IEC 61850 protocol. All relays shall be flush mounted in dust proof cases and shall match the appearance of the instruments mounted on the same panel. Each relay shall be identified with relay number indicated in the approved control schemes both on its case and on drawout part. Protective relays shall be of the easy withdrawable type. Trip circuits shall be automatically broken and current transformer secondary circuits shorted, when a relay is withdrawn from its case. A marking strip shall be provided in front of each terminal block and a diagram plate at the back of each case to identify connections.

All mechanical relays shall have mechanically operated flag indicators. Indicators shall be capable of being reset without opening the relay case. It shall not be possible to operate the relay by hand or to alter is settling, without opening the case. All relays shall operate satisfactorily from 50 to 120% of rated voltage. Plug in type auxiliary relays are not preferred. The numerical relays shall satisfy the following requirements:

EMC: the relay shall be type-tested w.r.t. interference suppression, 1 MHz Burst disturbance, immunity to Electrostatic discharge, immunity to radiated




electromagnetic energy, electrical fast transient or burst, current/voltage surge immunity, immunity to conducted disturbances induced by radio frequency fields, power frequency magnetic field immunity.

The relay shall withstand one-minute power frequency voltage of 2 kV RMS and impulse voltage (1.2/50 micro second) of 6 kV. The relays shall be suitable for operation in a tropical climate and for the ambient temperature levels specified. Relays shall be provided with clearly inscribed labels describing their application and rating in addition to the general purpose labels. The relays shall have an integrated setting key-pad and an alphanumeric display The setting shall be menu-guided and setting values shall be entered as numbers. The setting ranges shall be limited and checked for plausibility. Setting shall be possible on-line without restart of the microprocessor system. The setting values shall only be valid after a final code word cheek. The display shall normally indicate selectable load values, such as currents or voltages, and shall automatically change over to fault indications, such as faulted phase, tripping time, etc., when system faults occurs. The function assignment of binary inputs, relay outputs and indications shall be freely programmable. The functions shall be selectable from a library in the relay manual.

Displays on the Relays

The following important information must be displayed without operator action:

a) Protection information arising from network disturbances.

b) Information about internal faults and monitors, possibly group indications.

c) Status indications.

These indications may be by LED or displays or a combination of both. Display shall be in English language and shall be textual.

Protection information about network disturbances, internal faults and monitors shall be indicated with red LEDs. Status shall be indicated with red LEDs. Ready for operation shall be indicated with green LEDS. Freely optional shall be indicated with red LEDS.




For graded protection (e.g. d.m.t. and i.d.m.t), run-time indication must be available. Range 0-approx. 6s with 10 ms resolution. Run-time indication must be started by the general pick-up signal and stopped by dropout.

Protective relays must be designed as to show the last eight event. Information must be retained for 24 hours if the power supply fails and displayed when power is restored.

Further, it shall possible to display further information on request (e.g. fault impedance, fault current at instant of TRIP command, line values as primary values). The software version must be displayed on request.

The relay shall have a keypad on relay front face and multi-line alphanumeric LCD display unit. It shall be possible to parameterise the relay, test the relay functions and check measured values, check fault records, circuit breaker ON/OFF operation etc. from the front pad and the display unit of the relay as well as through the rear port from SAS. The relay shall have one LED to indicate the healthy condition of the relay and another to indicate the faulty condition of the relay. These LEDs are over and above the programmable LEDs. Unhealthy status of relay to be communicated to SAS.

Contacts

Potential free, freely assignable output contacts shall be provided. In addition, one dedicated output contact indicating relay healthiness shall be provided.

Remote interrogation via serial ports Provision must be available, which will allow information to be interrogated from serial ports (for off-line PC's and on-line central units). Scope of data dependent on protection type and application, e.g.: System fault reporting Fault records (currents and voltages, time resolution 1 to 2 ms). Status indications Relay monitor Line parameters. Setting values. The protection relay shall also used for detection and storage of protection information and for fault record. In such a case the requirements are:




Fault reporting data shall be stored for at least the last three events (three general start signals). The memory shall be arranged in a first-in, first-out manner. Fault record must be started by the general pick-up signal and the preceding 100msec must also be recorded. When the memory is full, always the earliest record shall be erased. The relationship between protection information and analogue disturbance values must be definitive. For the use of numerical relays without a central unit, models must be available which correlate date and time to the protection functions. Time recording accuracy of 1 minute in 1 month is adequate. Date and time settings must be possible both via the serial port and keyboard on the relay. Power failure reserve of at least 24 hours is required. External signal inputs The relays shall have required binary inputs to receive individual signals from other relays (e.g. a buchholz signal to a numeric relay) or from devices located in the field. Operation from keypad

Numerical relays shall be interrogated both from an integral keypad and from a serial port. Resetting indicators Resetting must be possible at the relay but must only affect the indications and not the memory content. The same applies for remote reset. For relays in individual housings, reset must be possible without opening the case. A reset button must be provided on the front of relays built into cabinets, Erasure of stored information in memory It must be possible to erase data stored in memory (e.g. after testing), but the method must be such that accidental erasure is prevented. Selection of indications Selection of indications in the display must be possible, on the relay, and from remote. Setting and interrogation For setting and interrogation of the set values, relays must have integral operating elements. These functions must be possible without reference to the handbook - menu guided or sufficient instructions on the relay.




Inputs, which are outside the design range, must be rejected. Design must prevent accidental or careless alteration of set values. e.g. a password. Input of parameters must be in secondary values. Serial Communication Interfaces It shall be possible via a serial port (RS 485), to set and interrogate relays, using an external device. Operation and setting of the various makes and types of relays must be possible with common PC hardware. Communication shall be based on approved standard. This serial port shall be located in relay front. For integration into a numerical, coordinated protection and control system or a substation automation system, relays must be provided with an additional serial interface located at the back of the relay. Unless agreed otherwise, this port shall be RS 485 port. Fibre optic interface (IEC61850) shall be provided for Incomers & Tie feeders. Communication via this port shall be through IEC61850 protocol to suit the substation automation system envisaged in MRS Control room. Self-monitoring and failure annunciation The protection systems must provide the best possible level of self-monitoring. Failure of the self-monitoring function must be indicated and signaled. The occurrence of a failure (in hardware or software) shall not lead to nuisance trip of the relay. A separate, potential-free contact shall be provided for DC supply monitoring. The contact must be reset and the relay automatically made ready for service when the supply returns. Auxiliary Power supply and battery Relays which rely, for their operation, on an external DC supply shall be catered to from the station battery at 220V DC. The relay shall be suitable for a ripple content of 12% in the auxiliary source. DC/DC converters shall provide galvanic isolation between the internal static circuits and the external station battery. The relay shall be provided with an internal battery back up to ensure back up to the internal clock, switching statistics, fault/status record, values of parameters such as voltage/current/time at fault. The battery condition shall be monitored and a message shall be generated in case of weak battery. An integral DC voltage buffer shall ensure uninterrupted performance of the relay in case of DC voltage interruptions <50 msec.

xv) Indicating instruments

All indicating instruments shall conform to IS 1248.




Indicating instruments shall be Microprocessor based communicable composite meters with RS485 port & Modbus protocol for downloading on serial communication to PC/HMI (Currents, Voltages, frequency, power factor, kWH, kVARH, kVAH) and conform to 0.5 accuracy class for Incomers & class 1.0 for all others, unless specified otherwise. Meters shall be suitable for PT secondary of 110V (line) and CT secondary of 1A. Taut band, square dial, 96 x 96 mm, Accuracy class 1 indicating type ammeter with selector switch shall be provided for feeders as per SLD.

xvi) Control switches

All circuit breaker operating switches shall be of the pistol grip type, spring return to neutral and lockable in that position. They shall be arranged to close the breaker by being turned clockwise. The trip, neutral and close positions shall be clearly indicated. The movement shall be such that the switch cannot be operated inadvertently and that it is mechanically interlocked to trip before close. Control switches shall be suitable for use in DC circuits upto 220 V and AC circuits upto 440 V. The switch shall have break rating of 2A at 110V DC & 5A at 440 V AC. Where specified, the switch shall have lost motion device. Switches for any purpose other than circuit breaker operation shall be of a different design. Local/ remote control switches shall be stay put type, The switch shall be quick make, quick break type.

xvii) Annunciators General Abnormal operating condition in the Switchboards are brought to the notice of operating personnel through microprocessor based Annunciators having audio and visual annunciation. Constructional details Annunciators shall be microprocessor based and enclosed in flush mounting type dust and vermin proof sheet steel enclosure. Annunciator shall have Facia Window display – local on panel. Replacement of facia inscription plates and lamps shall be possible from the front of the panel.

Power supply Annunciators shall be suitable for AC & DC supply and rated voltage shall be as specified and shall operate satisfactorily for input supply variations of plus or minus 20%. Internal power supply shall be fully regulated with current limit, ensuring permanent protection against short circuit. It shall have protection




against sequence malfunction during “switch on” and power supply interruptions. Over voltage protection to guard internal circuits against regulator failure shall be provided. Special features Annunciator shall be suitable for operation on normally open contact which close on fault or normally closed contact which open on fault. It shall be possible to use all windows on ‘NO’ or ‘NC” initiating contacts, which can be changed at site without any modification. It shall be suitable for potential free input contacts wired through multicore, 1.5 sq.mm copper control cables conforming to IS : 1554, 1988 having lead resistance upto 1000 ohms at input. It shall also be suitable when used with multicore control cables, where other cores are wired to 220V DC and 240V/415V AC control circuits. It shall have suitable transient pick up suppressors. It shall have test facility to check complete sequence including audio and visual annunciation. Logic and lamp test facility shall not interfere with and shall be automatically disabled by a real fault incidence. The fault shall be annunciated as per sequence. Provision shall be made in each annunciator for remote annunciation. AC operated relay with lamp, buzzer, push button shall be provided for annunciation of DC supply failure. Circuit test, lamp test, accept/acknowledge, reset push buttons shall be provided as required. Further the annunciation system shall also be provided with first up alarm feature.

xviii) Wiring & Ferrules

All wiring shall be carried out with 1100 volts grade single core wires having stranded copper conductor of 2.5 sq. mm and control supply shall be 110V AC/ 220 VDC. Wire shall be insulated with fire resistant material HR-PVC-1050C. All control wiring shall be terminated using eye type tinned copper lugs on to the stud type terminals. More than two wires shall not be terminated onto a single terminal. All holes or tubes for wiring runs shall be bushed and shall have room for reasonable future additions.




Control cables when laid in HT busbar chamber, cable shall be taken through PVC conduits. No joints or tees shall be made in wires between terminals. The wire shall be identified by numbered ferrules at both ends all in-accordance with the connection diagram; equi-potential terminals shall have the same ferrule numbers.

All ferrules shall be tubular type and made of non-deteriorating materials. They shall be white except in case of warning ferrules, which shall be red. Ring type ferrules shall have the character engraved on it. The ferrules shall be firmly located in each wire so that they cannot move freely on the wire. Wiring across hinges shall be by flexible wires. The colour code for control wiring shall be as enumerated below: Spring charging motor and metering circuits – Black Closing tripping, protection relays and main power supply circuits – Red Annunciation and indication circuits – White

xix) Control circuit protection

All incoming control power circuits shall be fed through MCB’s. Closing circuit, tripping and control circuit, lamp circuit shall be segregated and protected by independent MCBs.

xx) Inscriptions

Each unit and each component shall be clearly labeled to indicate its purpose. Owner’s nameplates at front and back of each cubicle shall be engraved on white back ground with black lettering of 10mm size. Each component label shall include the component symbol shown on the connection or schematic diagram. All components mounted inside the cubicle shall be provided with screwed inscription plates. The characters to be engraved on the cubicle labels shall be furnished at a later stage. xxi) Earthing

Two earth terminals shall be provided on each switch cubicle, at the back near the floor. An earth bus of adequate cross section to match the existing earth bus size & material and shall be fixed to these terminals. The earth bus bar shall be electrically continuous and shall run the full extent of each board. Each unit shall be constructed to ensure satisfactory electrical continuity between all metal parts not intended to be alive and the earth terminals of the unit.




xxii) Painting

The switch unit cubicle shall be finished with colour shade conforming to IS 5-1978 paint shade shall match with existing switchboard. Breaker truck also shall be same colour as cubicle. The sheet metal parts shall be subjected to following pre-treatment before final painting:

Degreasing

Pickling for complete rust removal Phosphating Corrosion resistant primer painting - Two final coats spray-painting shall be given. xxiii) Special tools

The switchboard shall be supplied with a set of special tools required for its normal operation and maintenance. Removable louvers for charging the spring by hand in case of emergency shall be provided. Minimum 6 Nos. shall be supplied per switchboard. xxiv) Testing & commissioning

Each cubicle and switchboard shall be tested at works and at site as specified. xxv) Tests

Current transformers At works Ratio test Verification of terminal making & polarity Accuracy class test Power frequency high voltage test for 1 minute Measurements of knee point voltage and secondary winding resistance Insulation resistance test Physical inspection as per the approved drawings At site Ratio test

Measurement of terminal marking and polarity Measurements of knee point voltage and secondary winding resistance Power frequency withstand test for 1-minute along with switchboard. Insulation resistance test if required Physical inspection as per the approved drawings




Switchboard

At works

1. Type test reports – Type test reports (not older than 5 years) for type test carried on similar units manufactured in India shall be furnished along with the tender.

2. The switchboard shall be subjected to the routine tests as per applicable standards. These tests shall include.

Cubicle

At works Insulation resistance test Power frequency high voltage withstand test for minute. Milli-volts drop across incoming and outgoing jumpers connection with C.B closed and in service position. Physical inspection as per the approved drawings and checking of clearance Operational tests as per relevant standards Tests to prove correct operation of control gear at 80% and 120% of control voltage and master trip relay at 50% and 120% rated voltage. Tests to prove correct wiring of switchboard. At site Insulation resistance test Power frequency high voltage withstand test for 1 minute. Tests to prove correct wiring / operation of: Isolating contacts, plug and sockets etc., Protective relays including indication and alarms

Instruments Milli-volts drop across incoming and outgoing jumper connection with C.B closed and in service position Tests to prove correct operation of control gear at 80% and 120% of control voltage and master trip relay at 50% and 120% rated voltage.




Circuit Breaker At works Insulation resistance test Power frequency high voltage withstand test for minute. Milli-volt drop across circuit breaker terminals Operation tests at rated auxiliary voltage and pressure (30 make & 30 break operations) Test to prove satisfactory operation of closing and tripping mechanisms at 80% rated voltage and 50% rated voltage respectively. Power consumption for closing and opening operations. Functional tests Physical inspection as per the approved drawings. At site Insulation resistance test Power frequency high voltage test for minute Milli-volt drop across circuit breaker terminals Test to prove satisfactory operation of closing and tripping mechanisms at 80% rated voltage and 50% rated voltage respectively. Operational and Functional tests




6.0 SPARES, TOOLS AND TACKLES 6.1 Commissioning spares

The bidder shall include in his scope of supply, adequate quantity of spares, tools and tackles required for commissioning of the plant and equipment. The commissioning spares shall be supplied along with the equipment. The list of commissioning spares required for plant and equipment to be furnished by the bidder.




7.0 COMPLETENESS

The bidder’s scope of supply shall include all equipment and materials

mentioned in the technical specification including the safety aspects as

indicated below. However, any equipment fitting, materials or supplies, not

specifically mentioned in the technical specification but required to make the

plant complete and necessary for its safe and smooth operation, shall be

included in the tender. The power distribution system must be complete in all

respects and shall be in perfect running condition to comply with the

guaranteed performance.

Safety:

i) All equipment shall be complete with approved safety devices wherever a

potential hazard to personnel exists with provision for safe access of

personnel to and around equipment for operation and maintenance

functions. The design shall include all reasonable precautions and provisions

for the safety of operating and maintenance personnel.

Special care shall be taken to make enclosed equipment proof against entry

of rats, lizards and other creeping reptiles which may create electrical short-

circuit inside live equipment.

ii) All precautions shall be taken by the successful bidder to prevent

damages to existing installed equipment, cables etc in areas where the

Bidder will have to work and shall make good free of charge any damage

caused by him.

iii) Adequate safety measures shall be taken by the successful Bidder while

working in existing energized installations and shall take full

responsibility of the safety of personnel deployed by him as well as

ensure smooth operation of energized equipment , cable and lines.

EMPLOYER’s ENGINEERS shall not be liable for any accident to the

bidder’s personnel . All recommended safety procedures and practices in

electrical work as per IS: 5216 shall be followed.




8.0 PROJECT SCHEDULE AND PROGRESS MONITORING 8.1 General

The project envisages supply and installation of 6.6 kV VCBs and other equipment / components as mentioned in scope of work chapter forming part of the Power Distribution System Package in existing MSDS of KIOLC. The System shall be successfully commissioned within six (6) months from the date of order placement. The date of commencement of contract shall be as defined in the General Conditions of Contract. The project will be executed on a turnkey concept.

8.2 Project Schedule

8.2.1 The project shall be successfully commissioned within 6 months from

the date of order placement.

The Bidder shall submit the following along with the offer:

i) Overall bar-chart schedule

The overall bar-chart schedule shall be planned in weeks. The major activities to be covered in the schedule shall broadly be as follows: Basic engineering and approval. Submission of feedback data and Load data for civil works to be

executed by others if any. Preparation and issue of ordering/ technical specifications for sub-

vendors, as applicable for bought-out items. Placement of orders on sub-vendors. Submission of equipment drawings for approval. Minor Civil works if any. Manufacture and supply of equipment. Erection / retrofitting works of Equipment. Testing and commissioning. Handing Over to Purchaser.

The major milestones for the project are to be highlighted in the overall bar-chart schedule.




ii) The Bidder shall submit an overall erection plan for the plant and equipment under his scope of supply along with the tender. The plan shall include the following :

Requirement of construction water. Requirement of construction power. Requirement of construction and storage area. Off-site/On-site organization chart for execution of the project.

8.2.3 The successful Bidder shall submit the following -

i) Input Data, within one (1) month from date of order placement, to

enable the completion of engineering & execution of civil works by others. This shall cover the details of openings, floor inserts etc.

ii) The format of progress report to be discussed and agreed upon, within

one (1) month from date of commencement of contract. iii) Updated Level-II network along with progress reports (in approved

format) every month. iv) The Level-III network schedule in detail during execution stage are to

be submitted two (2) months before start of execution of site activities at site. However, the Level-III network schedule shall only cover the critical activities.

8.3 Progress Monitoring

8.3.1 An effective system of progress monitoring shall be evolved to ensure

timely completion of project activities. In general, progress of the

following major activities are to be reported.

Issue of ordering/ technical specifications and placement of

orders on sub-vendors for bought out items / components

Detailed design and engineering including submission of

drawings and their approval.

Manufacturing activities at the works of the Bidders/ associates/

sub-vendors.




The progress report on inspection status.

Despatch of equipment to site.

Site activities including receipt of material/ equipment at site,

erection, testing and commissioning.

The Bidder shall submit a schedule for site-execution, along with

quantitative program in terms of month-wise physical targets for

various disciplines of work.

A monthly progress report with exception report showing current

status of various activities including status of ordered/ yet to be

ordered items shall be submitted to the Purchaser’s consultant

by the Bidder.

The monthly progress report shall indicate progress of activities

against targeted dates and targeted quantities. Reasons for

shortfalls, if any, shall be clearly brought out and proposed

remedial measures to arrest the delays shall be indicated by the

Bidder in the progress report, wherever applicable.

The Bidder shall furnish information on site activities, viz: daily,

weekly and monthly progress reports for construction, receipt of

equipment, monthly construction/ erection plan, etc. The Bidder

shall also indicate resource deployment at site, highlights of

critical areas and constraints in the progress reports.

Other information related to site activities as may be required by

the Purchaser/ Purchaser’s consultant, shall also be submitted

by the Bidder.

In the interest of timely completion of the project, if required, the area of

monitoring may be altered in consultation with the Purchaser/

Purchaser’s Consultant.

8.3.2 The Purchaser/ Purchaser’s Consultant shall also have the right to:




Summon the successful Bidder for monthly/ fortnightly meetings

to review the progress of each activity

Depute Purchaser’s authorised representatives for ascertaining/

expediting progress at Bidder’s works/ works of his sub-vendor

Suggest remedial actions to bridge the time gap between

planned progress and observed progress.




09.0 DRAWINGS AND DOCUMENTATION

09.1.0 General

The scope of Bidder includes supply of all drawings, documents, operation and maintenance manuals, catalogues, as built drawings of equipment supplied and work done, for comments/ approval/ information/ reference of Purchaser/ Consultant, at no extra cost.

All drawings, specifications, furnished by the Consultant shall be treated as

strictly confidential property of the Purchaser. All drawings & information furnished by the Bidder shall become property of the Purchaser.

09.2.0 Approval of drawing / documents / manuals

The Bidder shall furnish drawings as mentioned in Technical Specification for

approval of the Purchaser/ Consultant according to agreed time schedule.

Bidder shall furnish, if requested, additional drawings, calculations, and information to the Purchaser/ Consultant to enable him to examine/ study the drawings for approval.

If incomplete drawings/ documents not meeting the Purchaser/ Consultant

requirement are sent, the responsibility for any delay in approval shall be that of Bidder.

Where drawings are returned to the Bidder with marking “Commented”, the

Bidder shall resubmit the revised drawing for approval.

Where the drawings are returned to the Bidder with marking “Approved as Noted”, Bidder shall make the necessary modifications/ changes and resubmit revised drawings for final approval.

If any subsequent alterations are found necessary and approved by the

Purchaser/ Consultant, all drawings and data affected by such alteration shall be duly revised and re-submitted for approval.

Bidder shall be responsible for correctly incorporating all the points conveyed

to him and resubmit the drawings to the Purchaser/ Consultant for final approval.

If the Bidder is unable to incorporate some of the comments, such non-

compliance shall be clearly stated in forwarding letter with reasons without




delay. However, it shall be at the discretion of Purchaser/ Consultant to accept or reject the non-compliance.

Work shall be carried out exactly as indicated on the approved drawings and

data and no alterations shall be made without the written approval of the Purchaser/ Consultant.

Approval of drawings by purchaser/ his consultant shall not relieve the Bidder

of his contractual obligations and responsibility for engineering, design, workmanship, materials and performance of the equipment.

09.3.0 As built drawings

All the drawings/ documents supplied by the Bidder for Purchaser’s/

Consultant’s comments/ approval, if required, shall be revised / modified, after approval, to incorporate all the modifications / changes necessitated at various stages of execution of contract viz.,

During inspection & testing at works and site

During erection, commissioning of individual equipment

Bidder shall furnish as – built drawings required for normal operation,

maintenance, testing of all equipment in specified number of copies. All the approved drawings, manufacturer’s drawings, installation drawings are included in as-built drawing.

09.4.0 Documents and Test reports

Bidder shall furnish any relevant calculations asked for. Documentation shall

also contain the manufacturer’s catalogues, operation and maintenance manuals for all types of relays used.

After completion of site testing of all equipment, Bidder shall furnish the site

test results of all equipment. This shall also indicate clearly rectification carried out during testing. In case site test results vary very widely with factory test results, commissioning engineer’s observation shall be clearly indicated against corresponding equipment, identified by manufacturer’s serial numbers.

Bidder shall furnish bound volume indicating list of spares supplied for each

equipment. The volume shall contain manufacturer’s catalogue number of components with description. It shall also indicate precautions to be taken for storing.




09.5.0 Operation, Instruction and Maintenance manual/ catalogues

Instruction manual shall give step by step procedure for

1. Erection, testing and commissioning 2. Operation

3. Maintenance and

4. Repair

Instruction manual shall also contain:

i) List of spare parts with ordering specifications and manufacturer’s

catalogues.

ii) List of consumables with specifications, brand names and annual consumption figures.

iii) Drawings relevant for erection, operation, maintenance and repair of

the equipment.

iv) Procedure for ordering spares.

09.6.0 Bidder shall submit the following drawing/ data/ documents in specified

number of copies and reproducible prior to handing over the installation to the Purchaser:

All drawings approved by consultant / owner Equipment manufacturing drawings submitted for information of

consultant/ owner.

Equipment drawings required for operation and maintenance Inspection reports, factory and site test certificates in bound volume As built drawings incorporating all site modifications

Instruction manuals and catalogues




09.7.0 Number of copies

The Bidder shall submit drawings, document “As Built” drawings, instruction

manuals etc. in following number of copies to the purchaser/ consultant

For approval/ resubmission : 8 copies

After approval : 10 copies

As built drawings : 10 copies,1 soft copy

Operating & maintenance

manuals, equipment and

system, catalogues, factory

and site test certificates

volumes, list of spares

volumes : 10 sets




10.0 INSPECTION AND TESTING

10.1 The Bidder’s scope includes testing of equipment at manufacturer’s works as per relevant IS and as per approved QAP. QAP format is enclosed in annexure – B.

Inspection of equipment by the Purchaser shall be only with a view to

ensure that the equipment is fabricated/ manufactured, assembled, tested, supplied as per approved drawings and prescribed specifications.

Inspection by Purchaser shall in no way relieve the Bidder of his

responsibilities as per Contract and shall be in no way binding on the Purchaser.

Bidder shall ensure inspection and testing of all the materials,

equipment and work at his cost through his engineers and technical staff. Bidder shall also ensure proper supervision and quality assurance during progress of manufacture, erection, testing and commissioning.

All equipment and accessories forming part of this specification shall

be subjected to inspection at Bidder’s / Vendor’s works at any stage of manufacture, by the Purchaser/duly authorized representative of the Purchaser.

The Bidder shall not restrict himself to carrying out only the tests

specified, but all tests as per IEC/ IS shall be conducted satisfactorily on equipment.

In case Purchaser desires to conduct tests specifically not mentioned

in this specification, to ascertain the quality of work done/ performance of equipment installed, the same shall be conducted by the Bidder.

In case some of the tests are to be repeated, at the request of

Purchaser, the same shall be carried out by the Bidder at no extra cost.



MEC/01/E1/TS/PDS/197C/PKG-010/0001 Annexure-A Sheet 1 of 6“© 2020 MECON Limited. All rights reserved”

ANNEXURE - A

PREFERRED MAKES

CONTENTS

SL. DESCRIPTION

01 Electrical

02 General instructuctions




1.0 ELECTRICAL

Sl. No.

ITEM DESCRIPTION PREFERRED MAKES

ELECTRICAL

1. 6.6KV VACUUM CIRCUIT BREAKERS WITH PANELS (HT BOARD, HTMCC, CICO)

SIEMENS/ BHEL/ CGL/ SCHNEIDER/ ABB/ MEGAWIN (for CICO Panels only)/

2. HT BUSBAR SLEEVING (HEAT SHRINKABLE)/ TAPPING

RAYCHEM

3. 6.6KV CURRENT TRANSFORMER (CT) & POTENTIAL TRANSFORMER (PT) (INDOOR)

PRAGATI/ INSTRANS/ PRAYOG ELECTRICAL/ ABB/ JYOTI/ KAPPA/ SCHNEIDER/ CGL/ MEHRU/ SIEMENS/ WABER-OERSTED/ AE/ SILKAANS/ MERLIN GREEN IMPORTED/ AEP

4. 33KV, 11KV AND 6.6KV SURGE SUPPRESSORS

OBLUM/ ELPRO/ WS-INSULATORS/ TOSHIBA/ SIEMENS/ MTL/ TELEMATIC/ TRANSTECTOR/ OBO BETTERMANN/ EXCO/ CGL/ GE/ ABB/ LAMCO/ JAYSHREE INSULATORS/ ARYCHEM/ AG/ SCHNEIDER

5. ELECTRONIC ENERGY METERS (TRIVECTOR/ KWH)

SEMS/ L&T/ SATEC/ CONZERVE/ DUKATI/ ABB/ SIEMENS/ SCHNEIDER/ AE/ IMP/ MECO/ RISHABH/ ENDRIS/ SIMCO/ BHEL/ REMCO/ DUKEARNICS/ RAIL/ EMERSON/ ELMEASURE/ SECURE

6. PROTECTION RELAYS (MICROPROCESSOR BASED)

ABB/ SIEMENS/ SCHNEIDER/ EASUN REYROLLE/ L&T / ELMA SURE/ GE

7. NUMERICAL PROTECTION RELAYS ABB/SIEMENS/SCHNEIDER/GE

8. COMPOSITE MOTOR PROTECTION RELAYS FOR MOTOR ABOVE 110KW AND INCLUDING HT MOTOR

/ MM-30 (MARKETED BY L&T)/ / / ABB/ GE/ SCHNEIDER/ SIEMENS (LATEST VERSION)

9. PROTECTION RELAYS/ AUXILIARY RELAYS (E/M)

ABB/ SIEMENS/ L&T/ SCHNEIDER/ C&S/ SEL/ GE/ EASUN REROYLLE

10. ANNUNCIATORS MINILEC/ SPA/ PROCON/ YASHMUN/ PYROTECH/ APLAB/ SIEMENS/ L&T/ ADVANI OERLICON/ CONTROL DYNAMIC/ ELEMECH

11. SINGLE PHASING PREVENTER L&T/ MINILEC/ SIEMENS

12. INDICATING METERS IMP/ AE/ MECO/ L&T/ MOTWANI/ CONZERVE/ RISHAB INSTRUMENTS/ SECURE METERS/ ABB/ SIEMENS/ EMERSON/ RAIL/ TOSHNIWAL INDIA/ ENERCON/ SEMS/ ENDRIS/ SIMCO/ BHEL/ REMCO/ DUKEARNICS/ SCHNEIDER

13. HT HRC FUSES S&S/ GE POWER CONTROL/ BUSMANN/ SIEMENS/ ABB/ PANICKKER/ SCHNEIDER/ CGL/ L&T/ STANDARD/ HAVELLS/ D&P




Sl. No.


14. MIMIC PANELS & ANNUNCIATION PANELS

L&T/ ADVANI OERLIKON/ GE POWER CONTROL/ BHEL/ BCH/ TRANSRECT/ MINILEC/ TIRUPATI ELECTRONICS/ ADVANCE POWER CONTOL/ CONTROL DEVICES/ AIM ENGG INDUSTRIES/ TECHNOCOMMERCE/ SWITCHING CIRCUITS/ CONTROL DEVICES/ VIDHYUT CONTROL/ MAKTEL CONTROL & SYSTEMS/ RISHA CONTROL ENGINEERS/ GEMCO CONTROLS POSITRONICS/ ELECTRO ALLIED PRODUCTS/ UNILEC/ POWER & PROTECTION

15. DIODE HIND/ USHA RECTIFIERS/ BHEL

16. SEMICONDUCTOR FUSE FERRAZ/ BUSSMAN-COPPER

17. MOULDED CASE CIRCUIT BREAKER (MCCB)

SCHNEIDER-TELEMECHANIQUE/ L&T/ ABB/ SIEMENS/ GE POWER CONTROL/ BCH/ INDOKOP/ HAVELLS/ MDS (LEGRAND)/ CONTROL & SWITCHGEAR/ LG/ MERLIN GERIN/ ANDREW YULE & COMPANY

18. MOTOR PROTECTION CIRCUIT BREAKERS (MPCB)

SCHNEIDER/ L&T/ ABB/ SIEMENS/ GE POWER CONTROL/ INDOKOP/ HAVELLS/ MDS (LEGRAND)/ CONTROL & SWITCHGEAR/ BCH/ MERLIN GERIN

19. MINIATURE CIRCUIT BREAKER (MCB)

SIEMENS/ L&T/ GE POWER CONTROL/ SCHNEIDER/ STANDARD/ INDOASIAN/ HAVELLS/ MDS (LEGRAND)/ ABB/ INDOKOP/ CONTROL & SWITCHGEAR/ BCH/ MERLIN GERIN/ HPL INDIA

20. SPACE HEATER WITH THERMOSTAT PYROX/ ASHOK

21. POWER CONTACTOR/ AUX. CONTACTORS/ RELAYS

ABB/ SIEMENS/ SCHNEIDER/ L&T/ GE POWER CONTROL/ CONTROL & SWITCHGEAR/ BCH/ CGL/ HAVELLS/ ANDREW YULE & COMPANY

22. DC CONTACTOR SIEMENS/ L&T/ BCH/ SCHNEIDER/ ABB/ CGL/ C&S/ BHEL/ CONTROL & SWITCHGEAR

23. DIGITAL TYPE MULTI-FUNCTION METER

CONSERVE/ L&T/ SECURE/ RISHABH/ SIEMENS/ ABB/ ENERDIS/ SCHNEIDER/ EL MEASURE/ AEP/ SEMS/ SATEC/ NEPTUNE/ MECO/ ELECTRONIC AUTOMATION/ ELECON MEASUREMENTS/ SELEC CONTROLS

24. RECORDING METERS SEMS/ ABB/ ENERDIS/ CONZERV/ SIMCO/ BHEL/ REMCO/ DUKE ARNICS

25. POWER MONITORS/POWER AND KVAR TRANSDUCERS

ENERIDS/ CONSERVE/ NEPTUNE/ RISHABH/ ABB/ AEP/ SIEMENS/ SCHNIEDER

26. CURRENT TRANSFORMER/ POTENTIAL TRANSFORMER (415V)

ABB/ JAYSHREE/ PRAGATI/ KAPPA/ INTRAVIDHYUT/ INDCOIL/ PRECISE/ AE/ SIEMENS/ SILKAANS/ WEBER-OERSTED/ SCHNEIDER/ BHEL/ PRYOG /CGL/ JYOTI/ TELK




Sl. No.


27. AMMETER/ VOLTMETER IMP/ AE/ MECO/ L&T/ MOTWANI/ CONZERVE/ RISHAB INSTRUMENTS/ SECURE METERS/ ABB/ SIEMENS/ EMERSON/ RAIL/ TOSHNIWAL INDIA/ ENERCON/ SCHNEIDER/ KAPPA/ SEMS/ ENERDIS/ SIMCO/ BHEL/ REMCO/ DUKEARNICS

28. VOLTAGE/ POWER/ CURRENT/ FREQUENCY/ ENERGEY TRANSDUCERS

ABB/ AEP/ SIEMENS/ SCHNEIDER

29. INDICATING LAMPS (LED) BINAY/ SIEMENS/ L&T/ ESSEN/ BCH/ VAISHNO/ TECKNIC/ OSRAM/ TELEMECANIQUE/ SCHNEIDER/ ESBEE/ CONTROL & SWITCHGEAR/ GE POWER CONTROL/ RASS/ TM/ ABB/ HOT LINE SWITCHGEAR

30. PUSH BUTTONS SALZER/ BCH/ L&T/ SCHNEIDER/ SIEMENS/ GE POWER/ VAISHNO/ CONTROL DEVICES/ ESSEN DEINKI/ TEKNIC/ CONTROL & SWITCHGEAR/ ESBEE/ VAISHNO/ EE/ HOT LINE SWITCHGEAR/ ABB/ TELEMECHANIC/

31. TIMERS & TIME DELAY RELAY ABB/ BCH/ L&T/ GE POWER/ SIEMENS/ ESSEN/ ELECTRONIC AUTOMATION/ TELEMECANIQUE/ OMRON/ SCHNEIDER/ EE/ MDS LEGRAND/ EAPL

32. SELECTOR SWITCHES & CONTROL SWITCHES

ABB/ GE POWER CONTROL/ BCH/ EPCC/ KAYCEE/ SIEMENS/ TEKNIK/ L&T/ CONTROL & SWITCHGEAR/ SCHNEIDER/ VAISHNO/ JYOTI/ SALZER/ STANDARD/ HHE/ SALZER/ HOT LINE SWITCHGEAR/ SWITRON DEVICE/ HPL INDIA/ RELIABLE ELECTRONIC COMPONENTS Pvt. Ltd.

33. TERMINAL BLOCKS EPCC/ ELMEX/ PHOENIX CONTACT/ CONNECT WELL/ ESSEN DEINKI/ WAGO/ LAPP/ S&S/ HANSEL/ TECHNO PLAST/ SCHNEIDER-TELEMECHANIQUE

34. SWITCH MODE POWER SUPPLY (SMPS)

SIEMENS/ IFM/ ROCKWELL AUTOMATION/ SCHNEIDER/ HONEYWELL/ ABB/ DELTA INDIA ELECTRONICS/ PYROTECH ELECTRONICS

35. TEMPERATURE SCANNER ADVANI OERLIKON/ ECI/ INSTRUMENTATION LTD/ MASIBUS/ PYROTECH/ SIEMENS/ TOSHINWAL

36. CONTROL TRANSFORMERS AEI/ AEP/ VOLTAMP/ INTRAVIDYUT/ INDCOIL/ KAPPA/ INDUSHREE/ SIEMENS/ BCH/ UNITECH INDUSTRIES/ JYOTHI/ PRAGATI/ PRECISE/ UNIVERSAL MAGNETICS/ KALPA




Sl. No.


37. PVC CONTROL CABLES LAPP/ UNIVERSAL/ RPG CABLES/ POLYCAB/ FINOLEX/ TOSHNIWAL/ DELTON/ KEI/ SPECIAL CABLES/ TCL CABLES/ RALLISON/ PARAMOUNT/ CORDS/ HAVELLS/ RAVIN/ NICCO/ CCI/ DECON/ IGUS/ UNIFLEX/ INDUSTRIAL CABLE/ FORT GLOSTER/ ASIAN CABLES/ THERMOPAD EPSILLON IMT CABLES/ DYNAMIC CABLE/ THERMO CABLE/ GOYO LENE/ IGNUS/ POWER FLEX/ EPSILLON CABLES/ TEMPSENS INSTUMENTS

38. PHOTO ELECTRIC CELL/ NATURE SWITCH

KAKATIYA ENERGY SYSTEMS PVT. LTD., HYDERABAD/ ADVANCE ELECTRONICS, KOLKATA

39. SWITCH SOCKET OUTLET / ANCHOR/ BCH/ CGL/ ESSEN/ BEST & CROMPTON/ SCHNEIDER

40. SINGLE PHASE EXHAUST FANS/ CEILING FANS

CGL/ CINNI/ KHAITAN/ POWERVENT/ VENTWELL/ BAJAJ/ USHA/ ORIENT/ HAVELLS

ERECTION MATERIALS

41. DOUBLE COMPRESSED CABLE GLANDS

LAPP/ HANSEL/ PHOENIX/ COMET/ PRECISSION-QUALITY/ SUNIL & CO./ ELECTROMAC/ HMI/ CCI/ DOWELLS/ COSMOS/ JANSON/ CGS

42. CABLE LUGS DOWELLS/ ISMAL/ JAISON/ COMMET/ CONNECTWELL/ PHOENIX/ MG ELECTRICA

43. GI CABLE TRAYS RUKMANI ENTERPRISES, KOLKATA/ VATCO ELECTRIC POWER PVT. LTD./ PATNI SYSTEM PVT. LTD./ INDIANA CABLE TRAYS/ ADVANCE POWER PRODUCT/ INDIA ELECTRICALS SYNDICATE/ RABI ENGG. WORKS/ RATAN PROJECT & ENGG. CO/ TECNO FAB MANUFACTURING/ UNITECH FABRICATOR & ENGINEERING/ GS ENGINEERS/ MAHAVIR ENGG/ SHERA TUBE FORGE/ INDMARK

44. GI PIPES NICCO/ TATA/ ZENITH/ JINDAL/ GSI/ SWASTIK/ AMBICA/ BHARAT/ SURY PRAKASH/ INDUS TUBE

45. MS PIPES MAHARASTRA SEAMLESS/ ELECTRO STEEL CASTING/ SAIL/ JINDAL SAW/ TATA/ ITC

46. PVC CONDUITS/ CASING & CAPPING MODI/ UNIVERSAL/ ATUL/ BAJAJ PLAST/ PREMIER/ SUDHAKAR/ FINOLEX/ ASTRAL-FLOWGUARD/ KISSAN/ SUPREME/ PRINCE/ RELINCE/ GARWARE/ GEROGE FISHER/ GODAVARI

47. GI CONDUITS ZENITH/ JINDAL/ TATA/ SAIL/ IISCO

48. EARTHING MATERIALS REPUTED MAKE WITH ISI CERTIFICATION

49. EARTHING RESISTOR BHEL/ BCH/ RESISTECH/ NARKHADE




Sl. No.


50. LIGHTNING ARRESTORS ABB/ OBLUM/ CGL/ ELPRO/ SCHNEIDER/ WS-INSULATORS/ LAMCO/ JAYSHREE INSULATORS

51. INSULATING MATS FOR DIFFERENT VOLTAGE GRADE

REPUTED MAKE WITH ISI CERTIFICATION

52. SAFETY ITEMS – HAND GLOVES, SHOCK TREARMENT CHART ETC.

REPUTED MAKE WITH ISI CERTIFICATION

2.0 General instructuctions 2.01 Bidders shall supply the equipment from the preferred vendor list given above.

2.02 If any names are to be proposed for change in sub supplier/ vendors and/or inclusion

of additional names, the same shall be furnished to the Employer for their consideration by the bidder and while forwarding such names to Employer following requirements to be fulfilled: The reason and justification for change of vendors and / or inclusion of new

names in the list of preferred makes. Regret letters from the preferred listed names with reasons for their inability to

supply the equipment Documentary evidence from such proposed new vendors establishing that the

they have successfully supplied such equipment for projects of similar nature in the past.

Specific confirmation from bidder that, the change of vendors and/ or inclusion of new names shall be without any cost and time implication to Employer.

After review of documents furnished by Bidder, based on MECON’s recommendation, KIOCL shall give approval for the new sub vendor name

2.03 If Bidder intends to supply technological equipment from OEM’s (which is not included

in the preferred vendor list), bidder shall furnish documentary evidence including technical literature and certificate from client indicating satisfactory performance of the said equipment in a similar type of plant for review and approval to CONSULTANT/EMPLOYER with full details & credentials of the proposed vendor immediately within three months of placement of order (LOA) on successful bidder by KIOCL.

2.04 The successful bidder during the engineering stage shall furnish the details and makes of process equipment required and obtain CONSULTANT/EMPLOYER approval within three months of placement of order (LOA) on successful bidder by KIOCL before finalizing the same. All makes shall be subject to approval of the Owner.

FORM NO.11.20(DQM) F-10 REV-0 CONTRACTOR PROJECT

ORDER NO. & DATE PACKAGE NO. SUB - CONTRACTOR PACKAGE NAME ORDER NO. & DATE

INSTRUCTIONS FOR FILLING UP : CODES FOR EXTENT OF INSPECTION, TESTS, TEST CERTIFICATES & DOCUMENTS :

1 QAP shall be submitted for each of the equipment separately with break Code Description Code Description DOCUMENTS : up of assembly / sub-assembly & part/component or for group of equipment having same specification. 1. Visual 14. Impalse Test. D1. Approved GA drawings

2. Dimensional 15. Partial Discharge Test. D2. Approved single line /2 Use numerical codes as indicated for extent of inspection & tests and 3. Fitment & Alignment 16. Heat run test/Temp. rise test. schematic diagram.

submission of test certificates & documents. Additional codes & des- 4. Physical Test(Sample) 17. Enclosure protection Test. D3. Catalogues / Approved data cription for extent of inspection & tests may be added as applicable for 5. Chemical Test (Sample) 18. Calibration. sheet. the plant and equipment. 6. Ultrasonic Test 19. Noise & Vibration. D4. Approved bill of materials.

7. Magnetic Particle Test(MPT) 20. Test Certificates for bought D5. Unpriced P.O.copy.3 Separate identification number with quantity for equipment shall be 8. Radiography test out components. D6. Calibration Certificate of all

indicated wherever equipment having same specification belonging to 9. Dye Penetration Test 21. Tank pressure test. measuring instruments and different facilities are grouped together. 10. Measurement of IR Value : 22. Paint shade verification. gauges.

a) Before HV Test 23. Short time rating.4 Weight in tonnes (T) must be indicated under column 5 for each item. b) After HV Test 24. Operation & functional

Estimated weights may be indicated wherever actual weights are not 11. High voltage test/Dielectric check. available. test. 25. Overspeed Test.

12. Routine test as per relevant 26. Flame proof test ABBREVIATIONS USED : IS/other standard. 27. Clearance and creepage

13. Type tests as per relevant IS/ distance. CONTR : CONTRACTOR other standard. 28. Acceptance Test

QUALITY ASSURANCE PLAN

FORELECTRICAL EQUIPMENT

CONTR : CONTRACTOR other standard. 28. Acceptance Test29. Response time

MFR : MANUFACTURER 30. Charactristic

E Q U I P M E N T D E T A I L S INSPECTION AND TESTS Raw Material and Inprocess Test Certificates & Acceptance Criteria

Sl. Description (with equipment Identification Quantity Manufacturer's Expected Sche- stage Inspection Final Inspection / Test by documents to be Standards/IS/BS/ REMARKS/No. heading,place of use and No. No / M T Name and Address dule of Final submitted to MECON ASME/Norms and SAMPLING PLAN

brief specification) Inspn MFR CONTR MECON MFR CONTR MECON Documents1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

PROJECT No. For MECON QAP NO. REV.

for MECON ( Stamp & Signature ) (Stamp & Signature ) SHEET : OFfor MECON ( Stamp & Signature ) (Stamp & Signature ) SHEET : OF

bgshashidhar

Text Box

ANNEXURE-B

CONTINUATION SHEET FORM NO.11.20(DQM) F-10 REV-0E Q U I P M E N T D E T A I L S INSPECTION AND TESTS

Raw Material and Inprocess Test Certificates & Acceptance CriteriaSl. Description (with equipment Identification Quantity Manufacturer's Expected Sche- stage Inspection Final Inspection / Test by documents to be Standards/IS/BS/ REMARKS/No. heading,place of use and No. No / M T Name and Address dule of Final submitted to MECON ASME/Norms and SAMPLING PLAN

brief specification) Inspn MFR CONTR MECON MFR CONTR MECON Documents1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

PROJECT NO. For MECON QAP NO. REV.

for MECON ( Stamp & Signature ) (Stamp & Signature ) SHEET : OF