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HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

BID DOCUMENTS

FOR

“250kVA & 400kVA Diesel Generating Sets”

FOR

(2x30 MW)

GIRI HYDRO-ELECTRIC PROJECT

AND

(4X16.5 MW)

BASSI HYDRO-ELECTRIC PROJCT

(Tender Specification No. HPSEBL/CEG/DB-3-1/2012)

Prepared by Checked by Approved by

(Rajiv Kumar Verma) (Rajesh Kapoor) (Rajnish Kumar Sharma)

Assistant Executive Engineer Superintending Engineer Chief Engineer

Chief Engineer (Gen.)

HPSEBL, Sunder Nagar

Distt. Mandi (H.P.) – 175 019.

Tel: - 01907 – 265337, Fax: 01907-265338, Email –cegen@hpseb.in

Month:- Sep/2012 Rs. 1500/-

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TABLE OF CONTENTS

Volume 1

Section No. I Information for Bidders (INFB) Part-I &II

Section No. II Instruction to Bidder (ITB)

Section No. III General Conditions of Contract (GCC)

Section No. IV Forms and Procedure (FP)

1 Bid Forms

2 Attachments Including Security

Forms

3 Price Schedule

4 Form of 'Notification of Award Contract' for supply of Plant and Equipment and their installation Services.

5 From of Contract Agreement.

6 Performance Security Forms.

7 Form of Completion Certificate. 8 Form of Operational Acceptance

Certificate. 9 Form of Trust Receipt for Plant,

Equipment and Materials received 10 Form of Indemnity Bond to be

executed by the Contractor for the Equipment handed over by the Owner for Performance of its Contract.

11(a) Form of Authorisation Letter for Bassi

Hydel Project. 11(b) Form of Authorisation Letter for Giri

Hydel Project. 12 Hand Receipt.

Section No. V Technical Specification

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SECTION-I

(Part-I)

Information For Bidders (INFB)

(2X30MW)

GIRI HEP

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INDEX

INFORMATION FOR BIDDERS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO. A. INTRODUCTION 1.0 INTRODUCTION 5 2.0 250kVA Diesel Generating Set 5 3.0 LOCATION AND ACCESS 5 4.0 PERSENT STATUS OF THE PROJECT 6 5.0 COMMUNICATION FACILITIES AT WORKS SITE 6 6.0 CLIMATE/WEATHER 6 7.0 SEISMICITY OF THE PROJECT AREA 6 8.0 LABOUR AVAILABILITY 6 9.0 TEMPORARY/TRANSIT ACCOMODATION 6 10.0 ELECTRIC POWER 7 11.0 CONTROL POINT 7 12.0 MATERIAL AND WORKSHOP FACILITIES 7 13.0 LAND FOR INFRASTRUCTURE & STORAGE 7 14.0 LABOUR LICENCE 7 15.0 MEDICAL FACILITIES 8 16.0 WATER SUPPLY 8 17.0 MAINTENANCE OF ACCESS ROADS DURING 8 CONSTRUCTION OF THE PROJECT

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INFORMATION FOR BIDDERS

1.0 INTRODUCTION

1.1 Himachal Pradesh State Electricity Board Limited has undertaken the execution of Supply, Installation, Testing & Commissioning of Diesel Generator Set for Giri HEP (2X30MW), Girinagar, Nahan, Distt. Sirmour to meet emergency supply and black start operation of the hydro Electric Project.

1.2 Plant Information

1.2.1 Giri Hydro Electric project is located in Distt. Sirmour utilising the water of river Giri Bata (Tributary of River Yamuna) for generation of 60MW of power. The project comprises of concrete diversion barrage 615.46 MTR (TOP LEVEL) Giri HEP is a run of river Project utilizing the water of Giri river.

2.0 250kVA Diesel Generating Set

2.1 One no. 250kVA, 3φ , 4 wire 415 Volts, 50 Hz 0.8pf Diesel Generating set, complete with all

accessories and equipment is proposed to meet emergency supply and black start operation

of the Giri Power House. 3.0 LOCATION AND ACCESS

3.1 Giri Hydro Project (2x30MW)

This Power House located at Girinagar on Nahan- Paonta Highway is a run of river Project utilizing the water of Giri river. On the road to Paonta Sahib 20 kms. from Nahan, it is worthwhile to stop and see a sprawling orchard consisting of citrus plants and mangoes and a fruit canning factory of various kinds of juices, jams, pickles and canned fruits. A little away from Dhaula Kuan is Kastasan Devi temple where Raja Jagat Singh defeated the advancing army of Rulam Quadir Rohilla in a great battle. Their victory is commemorated in the Devi Temple, built in gratitude by the Raja. Dhaula Kuan also has a research station of HP KVV where useful research on tropical fruits is carried out. Giri Nagar is situated at a distance of 7 kms. from Dhaula Kuan, this town has a power house of 60 MW capacity constructed after diverting the Giri river through a 6 kms. Tunnel. The Power House commissioned in 1978 has 2 Units each of 30MW. The annual average generation of this Project ranges between 170 MU to 240 MU against the designed potential of 240 MU.

3.2 The transport limitation by road from Kalka to the Plant site would be the governing factor in respect of the permissible package size and weight. Bidder should consider all factors as can be envisaged for transportation of equipment to avoid and overcome the hindrances/limitations on existing road on account of weather conditions and any other reasons without affecting the schedule.

3.3 The contractor at his cost shall be responsible for all safety aspects during transportation and during execution of the works. As such necessary protection barriers, warning signals &

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devices, posting of flags & flagmen at desired locations on the routes are to be used by contractor.

3.4 The contractor shall at all times comply with all traffic laws, bylaws, rules & regulations and

load restrictions in force on all bridges, road routes and culverts. HPSEBL shall not be responsible for violation of any of the above rules by contractors.

3.5 The contractor shall deem to have familiarized himself with the nature, environment, conditions

and any limitations or restrictions on road to be used by him during the period of the contract. The contractor shall also take into consideration access limitations that may results in the event of slips/slides of hill slopes or due to any other reasons arising due to the local climatic/geographical conditions. HPSEBL shall not entertain any claim from the contractor on this account.

PERSENT STATUS OF THE PROJECT

4.1 Access road to project site is available. 4.2 The Power House commissioned in 1978 has 2 Units each of 30MW. The annual average

generation of this Project ranges between 170 MU to 240 MU against the designed potential of 240 MU.

5.0 COMMUNICATION FACILITIES AT WORKS SITE

5.1 The work site is well connected with STD & ISD facilities. 6.0 CLIMATE/WEATHER

6.1 The rainfall is scanty. The south-west monsoon precipitation during June to September is

generally not heavy but at some times may contribute significantly towards flood run off. The winter precipitation falls mostly as rain or sometimes snow depending upon the altitude and other meteorological conditions. Summers are warm and winter temperature falls upto -12 degree Celsius.

7.0 SEISMICITY OF THE PROJECT AREA

7.1 According to Indian Standard code no. 1893 of 1972, the area has been placed in zone V and a

suitable factor of safety as required has to be incorporated in the design of engineering structures and equipment.

8.0 LABOUR AVAILABILITY

8.1 No skilled/unskilled labour is available locally. Most of the skilled/unskilled labour has to be brought from outside. However, the contractor shall make maximum efforts to explore the availability of local labour of various categories and employ them to the extent possible. Liaisoning and good relation with locals is very essential. To accommodate labour, contractors shall have to make their own arrangement.

9.0 TEMPORARY/TRANSIT ACCOMMODATION

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9.1 There is acute shortage of accommodations nearby project site, HPSEBL has constructed/developed some accommodation at different locations of the project for its own employees. Contractor has to make his own arrangement for the temporary/transit accommodation.

10.0 ELECTRIC POWER

10.1 Construction power at 11kV/415Volts shall be provided to the contractor to various sites,

colonies, offices etc. Each supply point shall be treated as separate connection. Arrangement for further distribution of power to the contractor's sites, plants equipment and machinery, workshop, colonies, offices etc. from the point of supply shall be made by the contractor at his own cost. The electric energy shall be measured by a suitable meter installed at the point of supply. The contractor will adhere strictly to provision of Indian Electricity Act 1910, Electricity (Supply) Act 1948, Indian Electricity Rules 1956, HPSEBL's abridged condition of supply and HPSEBL's schedule of tariff. HPSEBL does not undertake to meet with the demand of contractor nor to guarantee uninterrupted power supply. One shut down in a month may be availed by HPSEBL for general maintenance. The contractor shall make his own arrangement for generating sufficient standby construction power (diesel, gas etc.) to carry on the works during such or any other shut-off or interruption of power. HPSEBL shall not entertain any claim of the contractor on account of any damage or loss that may be caused to his plant, equipment and machinery and works as a result of any shut down, break down or voltage fluctuations in the power supply. He is expected to have necessary protection to his electrical equipment and sufficient standby arrangement.

11.0 CONTROL POINT

11.1 HPSEBL/ Owner shall provide suitable benchmarks at the location of works with elevation,

horizontal and vertical co-ordinates throughout the project site. The reference points shall be clearly identified at the ground and properly protected by the contractor against any damage. The contractor shall be responsible to ensure that these reference points are not interfered with during the course of work and shall report any suspected damage to the Engineer-in-Charge, who will then check the accuracy and make any necessary adjustment at the contractor's expenses.

12.0 MATERIAL AND WORKSHOP FACILITIES 12.1 All the material required for the main works and auxiliary works including consumables, steel

etc. shall have to be arranged by the contractor. No material shall be issued by HPSEBL/Owner.

12.2 Nearest workshop facilities for carrying out minor machinery jobs etc. will be available at Pounta Sahib, for major works facilities either at Chandigarh, Ludhiana or Batala shall be available.

13.0 LAND FOR INFRASTRUCTURE & STORAGE

13.1 The contractor shall at its own risk and expenses store all the plant and equipment at site, in the

way, the contractor judges most suitable under all the circumstances. The HPSEBL/Owner shall in no way be responsible for storage of the possible extent as mutually agreed to between the contractor and owner.

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14.0 LABOUR LICENCE

14.1 The contractor shall be required to obtain labour licence for deployment of labour from competent authorities.

14.2 The contractor shall strictly adhere to the labour laws and minimum wage act prevailing in the State of Himachal Pradesh.

15.0 MEDICAL FACILITIES

15.1 The contractor shall provide necessary medical facilities at the project site at his own expenses for his workers.

16.0 WATER SUPPLY

16.1 Water for construction and potable water of suitable quality shall have to be arranged by

the contractor at his own cost. There are also few natural water springs near the project site which can be tapped for potable water after seeking permission from Irrigation & Public Health department of the State Government/Local panchayat.

17.0 MAINTENANCE OF ACCESS ROADS DURING CONSTRUCTION OF THE

PROJECT 17.1 Punjab Public Works department and Himachal Pradesh Public Works department are

responsible for the maintenance of NH. The hill roads during monsoons are prone to damage and may get blocked due to land slide etc. In general, such road blocks and damages are promptly cleared by Punjab Public Works department and Himachal Pradesh Public Works department. The Bidder shall, however, take into account/consideration all such events and no time extension shall be allowed except when the road is blocked continuously for more than 10 days at one stretch and the contractor conclusively establishes that this blockage of more than 10 days has affected movement of his material/equipment leading to disruption of his work schedule.

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SECTION-I

(Part-II)

Information For Bidders (INFB)

(4X16.5MW)

BASSI HEP

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INDEX

INFORMATION FOR BIDDERS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO. A. INTRODUCTION 1.0 INTRODUCTION 11 2.0 400kVA Diesel Generating Set 11 3.0 LOCATION AND ACCESS 11 4.0 PRESENT STATUS OF THE PROJECT 12 5.0 COMMUNICATION FACILITIES & WORK SITE 12 6.0 CLIMATE/WEATHER 12 7.0 SEISMICITY OF THE PROJECT AREA 12 8.0 LABOUR AVAILABILITY 12 9.0 TEMPORARY/TRANSIT ACCOMODATION 12 10.0 ELECTRIC POWER 13 11.0 CONTROL POINT 13 12.0 MATERIAL AND WORKSHOP FACILITIES 13 13.0 LAND FOR INFRASTRUCTURE & STORAGE 13 14.0 LABOUR LICENCE 13 15.0 MEDICAL FACILITIES 14 16.0 WATER SUPPLY 14 17.0 MAINTENANCE OF ACCESS ROADS DURING 14 CONSTRUCTION OF THE PROJECT

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INFORMATION FOR BIDDERS

1.0 INTRODUCTION

1.1 Himachal Pradesh State Electricity Board Limited has undertaken the execution of Supply, Installation, Testing & Commissioning of Diesel Generator Set for Bassi HEP (4X16.5MW) Distt. Mandi to meet emergency supply and black start operation of the hydro Electric Project.

1.2 Plant Information

1.2.1 This Power House is one of the oldest Power House with HPSEB located at Jogindernagar in

District Mandi. This Power House has 4 machines each of 15 MW capacity. Its 1st three machines were commissioned in 1970-71 and 4th machine in 1981. The average annual generation of this Power House is 240 MU to 300 MU against designed generation of 300 MU. 1st phase of Renovation & Modernization of this Power House has been completed during 1997 to 2001 under which important components like Governors, Nozzles assemblies , Power cables, breakers, Air cooler etc. have been changed. Bassi Power House is on the downstream of Shanan Power House.

2.0 400kVA Diesel Generating Set

2.1 One no. 400kVA, 3φ , 4 wire 415 Volts, 50 Hz 0.8pf Diesel Generating set, complete with all

accessories and equipment is proposed to meet emergency supply and black start operation

of the Bassi Power House. 3.0 LOCATION AND ACCESS

3.1 Bassi Hydro Project (4x16.5MW)

Bassi Hydro Electric Project is located at about 55 Km immediate from Mandi on Mandi Pathankot National Highway-20 (Pathankot-Mandi). The project site can be reached by road from Chandigarh by Chandigarh-Kiratpur Sahib-Bilaspur-Mandi-Pathankot road. The nearest railhead is Kiratpur Sahib which is about 165Km from Project site. Kiratpur Sahib is on Sirhand-Nangal section of Northern Railway which is the nearest broad gauge railway station. All consignments shall have to be dispatched to Kiratpur Sahib (if opted to be transported from ex-works to site through railways), where unloading facilities are available. From Kiratpur- Sahib, the consignments have to be transported to site by road. The other option available is to transport the equipment directly from ex-works to site by road transport.

3.2 The transport limitation by road from Kiratpur Sahib to the Plant site would be the governing factor in respect of the permissible package size and weight. Bidder should consider all factors as can be envisaged for transportation of equipment to avoid and overcome the hindrances/limitations on existing road on account of weather conditions and any other reasons without affecting the schedule.

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3.3 The contractor at his cost shall be responsible for all safety aspects during transportation and during execution of the works. As such necessary protection barriers, warning signals & devices, posting of flags & flagmen at desired locations on the routes are to be used by contractor.

3.4 The contractor shall at all times comply with all traffic laws, bylaws, rules & regulations and

load restrictions in force on all bridges, road routes and culverts. HPSEBL shall not be responsible for violation of any of the above rules by contractors.

3.5 The contractor shall deem to have familiarized himself with the nature, environment, conditions

and any limitations or restrictions on road to be used by him during the period of the contract. The contractor shall also take into consideration access limitations that may results in the event of slips/slides of hill slopes or due to any other reasons arising due to the local climatic/geographical conditions. HPSEBL shall not entertain any claim from the contractor on this account.

PERSENT STATUS OF THE PROJECT

4.1 Access road to project site is available. 4.2 This Power House is one of the oldest Power House with HPSEB located at Jogindernagar in

District Mandi. This Power House has 4 machines each of 15 MW capacity. Its 1st three machines were commissioned in 1970-71 and 4th machine in 1981.

5.0 COMMUNICATION FACILITIES AT WORKS SITE

5.1 The work site is well connected with STD & ISD facilities. 6.0 CLIMATE/WEATHER

6.1 The rainfall is scanty. The south-west monsoon precipitation during June to September is

generally not heavy but at some times may contribute significantly towards flood run off. The winter precipitation falls mostly as rain or sometimes snow depending upon the altitude and other meteorological conditions. Summers are warm and winter temperature falls upto -2 degree Celsius.

7.0 SEISMICITY OF THE PROJECT AREA

7.1 According to Indian Standard code no. 1893 of 1972, the area has been placed in zone V and a

suitable factor of safety as required has to be incorporated in the design of engineering structures and equipment.

8.0 LABOUR AVAILABILITY

8.1 No skilled/unskilled labour is available locally. Most of the skilled/unskilled labour has to be brought from outside. However, the contractor shall make maximum efforts to explore the availability of local labour of various categories and employ them to the extent possible. Liaisoning and good relation with locals is very essential. To accommodate labour, contractors shall have to make their own arrangement.

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9.0 TEMPORARY/TRANSIT ACCOMMODATION 9.1 There is acute shortage of accommodations nearby project site, HPSEBL has

constructed/developed some accommodation at different locations of the project for its own employees. Contractor has to make his own arrangement for the temporary/transit accommodation.

10.0 ELECTRIC POWER 10.1 Construction power at 11kV/415Volts shall be provided to the contractor to various sites,

colonies, offices etc. Each supply point shall be treated as separate connection. Arrangement for further distribution of power to the contractor's sites, plants equipment and machinery, workshop, colonies, offices etc. from the point of supply shall be made by the contractor at his own cost. The electric energy shall be measured by a suitable meter installed at the point of supply. The contractor will adhere strictly to provision of Indian Electricity Act 1910, Electricity (Supply) Act 1948, Indian Electricity Rules 1956, HPSEBL's abridged condition of supply and HPSEBL's schedule of tariff. HPSEBL does not undertake to meet with the demand of contractor nor to guarantee uninterrupted power supply. One shut down in a month may be availed by HPSEBL for general maintenance. The contractor shall make his own arrangement for generating sufficient standby construction power (diesel, gas etc.) to carry on the works during such or any other shut-off or interruption of power. HPSEBL shall not entertain any claim of the contractor on account of any damage or loss that may be caused to his plant, equipment and machinery and works as a result of any shut down, break down or voltage fluctuations in the power supply. He is expected to have necessary protection to his electrical equipment and sufficient standby arrangement.

11.0 CONTROL POINT

11.1 HPSEBL/ Owner shall provide suitable benchmarks at the location of works with elevation,

horizontal and vertical co-ordinates throughout the project site. The reference points shall be clearly identified at the ground and properly protected by the contractor against any damage. The contractor shall be responsible to ensure that these reference points are not interfered with during the course of work and shall report any suspected damage to the Engineer-in-Charge, who will then check the accuracy and make any necessary adjustment at the contractor's expenses.

12.0 MATERIAL AND WORKSHOP FACILITIES 12.1 All the material required for the main works and auxiliary works including consumables, steel

etc. shall have to be arranged by the contractor. No material shall be issued by HPSEBL/Owner.

12.2 Nearest workshop facilities for carrying out minor machinery jobs etc. will be available at Mandi, for major works facilities either at Chandigarh, Ludhiana or Batala shall be available.

13.0 LAND FOR INFRASTRUCTURE & STORAGE

13.1 The contractor shall at its own risk and expenses store all the plant and equipment at site, in the

way, the contractor judges most suitable under all the circumstances. The HPSEBL/Owner shall in no way be responsible for storage of the possible extent as mutually agreed to between the contractor and owner.

14.0 LABOUR LICENCE

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14.1 The contractor shall be required to obtain labour licence for deployment of labour from

competent authorities. 14.2 The contractor shall strictly adhere to the labour laws and minimum wage act prevailing in

the State of Himachal Pradesh.

15.0 MEDICAL FACILITIES 15.1 The contractor shall provide necessary medical facilities at the project site at his own expenses for his workers.

16.0 WATER SUPPLY 16.1 Water for construction and potable water of suitable quality shall have to be arranged by

the contractor at his own cost. There are also few natural water springs near the project site which can be tapped for potable water after seeking permission from Irrigation & Public Health department of the State Government/Local panchayat.

17.0 MAINTENANCE OF ACCESS ROADS DURING CONSTRUCTION OF THE

PROJECT

17.1 Punjab Public Works department and Himachal Pradesh Public Works department are

responsible for the maintenance of NH. The hill roads during monsoons are prone to damage and may get blocked due to land slide etc. In general, such road blocks and damages are promptly cleared by Punjab Public Works department and Himachal Pradesh Public Works department. The Bidder shall, however, take into account/consideration all such events and no time extension shall be allowed except when the road is blocked continuously for more than 10 days at one stretch and the contractor conclusively establishes that this blockage of more than 10 days has affected movement of his material/equipment leading to disruption of his work schedule.

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SECTION-II

Instructions to Bidders (ITB)

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INDEX

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS .PAGES A. INTRODUCTION 1.0 GENERAL 18 2.0 SCOPE OF WORK 18 3.0 ELIGIBILITY AND QUALIFYING REQUIREMENTS 18 4.0 ELIGIBLE PLANT, EQUIPMENT AND SERVICES 19 5.0 COST OF BIDDING 20 6.0 LOCAL CONDITIONS 20 B. BID DOCUMENTS 7.0 CONTENT OF BID DOCUMENTS 20 8.0 CLARIFICATION OF BID DOCUMENTS 20 9.0 AMENDMENT TO BID DOCUMENTS 20 10.0 TIME SCHEDULE 21 C. PREPARATION OF BIDS 11.0 LANGUAGE OF BID 22 12.0 DOCUMENTS COMPRISING THE BIDS 22 13.0 BID FORM AND PRICE SCHEDULE 24 14.0 BID PRICES 24 15.0 BID VALIDITY PERIOD 26 16.0 BID SECURITY 26 17.0 FORMAT AND SIGNING OF THE BID 27 D. SUBMISSION OF BIDS 18.0 SEALING AND MARKING OF BIDS 28 19.0 DEAD LINE FOR SUBMISSION OF BIDS 28 20.0 LATE BIDS 28 21.0 MODIFICATION AND WITHDRAWAL OF BIDS 29

E. BID OPENING AND EVALUATION

22.0 OPENING OF BIDS BY OWNER 29

23.0 CLARIFICATION OF BIDS 30

24.0 PRELIMINARY EXAMINATION OF BIDS 30 25.0 CORRECTION OF ERRORS 31 26.0 EVALUATION AND COMPARISON OF BIDS 31 27.0 DEFINITIONS & MEANINGS 31 28.0 TECHNICAL EVALUATION 32 29.0 COMMERCIAL EVALUATION 32 30.0 CONTACTING THE OWNER 34

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F. AWARD OF CONTRACT

31.0 OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS 34 32.0 AWARD CRITERIA 34 33.0 NOTIFICATION OF AWARD 34 34.0 SIGNING THE CONTRACT AGREEMENT 35 35.0 CONTRACT PERFORMANCE SECURITY 35

36.0 PROCESS TO BE CONFIDENTIAL 35

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SECTION-II

INSTRUCTIONS TO BIDDERS (ITB)

A. Introduction

1.0 GENERAL

1.1 Himachal Pradesh State Electricity Board Limited /Owner has issued an invitation for bid (IFB)

and will receive bids, for the works mentioned in the Bid Documents, as set forth in the accompanying Bid Documents.

2.0 SCOPE OF WORK

The scope of work covers, design, manufacturer, assembly, testing at manufacturer’s works, packing, dispatch, transportation to site, insurance, delivery at site/ HPSEBL stores, complete installation/ erection, testing & commissioning and handing over to HPSEBL duly guaranteed for two (2) years after commissioning of “one (1) no. 250kVA D.G. Set for Giri HEP & one

(1) no. 400kVA D.G. Set for Bassi HEP, both 3φ , 4 wire 415 Volts, 50Hz 0.8PF Diesel

Generating set, complete with all accessories and equipments including electronic governor, auto starting and auto load transfer facility through micro processor, fuel system, instruments and wiring for making the equipment complete for emergency

supply/ black start operation of the power house. The details of scope of work

indicating major item of works to be done are elaborated in the Technical

Specification-V. The successful Bidder will be expected to complete the work within stipulated in the documents.

All material, labour, plant & equipment and machinery and services necessary for accomplishing the work shall be provided by the contractor.

Scope of work may be increased or decreased as per requirement of the project. The Bidders shall be required to offer their rates & prices for the entire package indicated

above. Bids not covering the entire scope shall be treated as non responsive and rejected. 3.0 ELIGIBILITY AND QUALIFYING REQUIREMENTS

3.1 The bidding is open to any manufacturer who meets the qualifying requirements stipulated

herein under. Further the Bidder shall provide satisfactory evidence that he:

a) is a manufacturer / Authorised Supplier who regularly manufactures and supplies the equipment of the type specified and has adequate technical knowledge and practical experience and during the last five years, has designed, manufactured and supplied, installed/erected and commissioned successfully the 250kVA & 400kVA or above capacity,

3φ , 4 wire 415 Volts, 50Hz 0.8PF Diesel Generating set, complete with all accessories

and fittings etc. and the equipment installed by them for at least minimum two different

location & must be in trouble free operation for the past two years as on the date of bid

opening. Satisfactory performance certificates for its successful operation of past two (2)

years of two different locations shall be furnished by the bidder from their end users.

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b) has adequate financial stability and status to meet the financial obligations pursuant to the work covered in the bid documents. The Bidders should submit a certificate from the chartered accountant regarding the financial stability of the firm.

c) has adequate design, plant and manufacturing capability and capacity available to perform the works properly and expeditiously within the time period specified. The evidence shall specifically cover written details of the installed manufacturing capabilities and present commitments (excluding the work under this specification) of the Bidder.

d) has established quality assurance systems and organization designed to achieve high levels of

equipment reliability, during his manufacturing process.

e) has adequate field service organization available to provide the necessary field installation/ erection and management services required to successfully install/erect, test and commission equipment properly and expeditiously within the time period as required by the specifications and documents. The evidence shall cover the details of qualification and experience of key site management and technical personnel available and proposed to be made available and proposed to be made available.

f) The Bidder shall also furnish an affidavit duly attested by Public Notary that he is not black listed by any state or agency.

g) has valid Income Tax Clearance Certificate.

h) does not anticipate change in the ownership during the proposed period of execution of works (if such a change is anticipated, the scope and effect thereof shall be defined);

3.2 In addition, satisfactorily establishing by the Bidder that he fully meets the qualifying

requirements specified in the accompanying Technical Specifications. It shall be essential for consideration of the Bidder’s proposal.

3.3 The documentary evidence of the Bidder’s qualifications to perform the contract, if its bid is

accepted, shall establish to the Owner’s satisfaction that the Bidder has the financial, technical, production, procurement, shipping, installation and other capabilities necessary to perform the contract, and in particular, meets the experience and other criteria outlined in the Bid Documents.

3.4 The above stated requirements are a minimum and the owner reserves the right to request for

any additional information and also reserves the right to reject the proposal of any Bidder, if in the opinion of the Owner, the qualification data is incomplete or the Bidder if found not qualified to satisfactorily perform the works.

3.5 Notwithstanding anything stated above, the owner reserves the right to assess Bidder’s capability and capacity to perform the works, should the circumstances warrant such an assessment in the overall interest of the Owner.

4.0 ELIGIBLE PLANT, EQUIPMENT AND SERVICES

4.1 For the purposes of these Bid Documents, the word "facilities" means the plant and equipment

to be supplied and installed, together with the services to be carried out by the contractor under the contract. The words "plant and equipment", "installation services", etc., shall be construed in accordance with the respective definitions given to them in the General Conditions of Contract.

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5.0 COST OF BIDDING

5.1 All costs and expenses incidental to preparation and submission of the bids including pre-award

discussions with the interesting Bidders, technical and other documentation etc. shall be to the account of the Bidder's. Owner will in no case be responsible or liable for these costs and expenses, regardless of the conduct or outcome of the tendering process.

6.0 LOCAL CONDITIONS

6.1 It will be imperative on each Bidder to fully inform himself of all local conditions and factors,

which may have any effect on the performance of the contract covered under these specifications and documents. In their own interest, the Bidders are particularly requested to familiarise themselves with the latest amended Income-tax Act, Companies Act, Custom Act, Sales Tax and other related acts and laws prevalent in India. The Owner shall not entertain any request for clarifications from the Bidders, regarding such local conditions.

6.2 It must be understood and agreed that such factors have properly been investigated and

considered while submitting the proposals. No claim whatsoever including those for financial adjustment to the contract awarded under these specifications and documents will be entertained by the Owner. Neither any change in the time schedule of the contract nor any financial adjustments arising thereof shall be permitted by the Owner which are based on the lack of such clear information or its effect on the contract.

6.3 The Bidder is strongly advised to visit and examine the site of work and its surroundings

including approaches to project & work site, and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into a contract. The cost of visiting the site shall be at Bidder's own expense. The Owner will assist interested Bidders to see and inspect the site of works.

6.4 The Bidder and any of his personnel or agents will be granted permission by the Owner to enter

upon its premises and lands for the purpose of such inspection but only upon the express conditions that the Bidder, his personnel or agents shall release and indemnify the Owner and its personnel or agents from and against all liability in respect thereof and shall be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which but for the exercise of such permission would not have arisen.

B. Bid Documents

7.0 CONTENT OF BID DOCUMENTS

7.1 The facilities required, bidding procedures, contract terms and technical requirements are prescribed in the bid documents. The bid documents together with any amendment, issued in accordance with ITB Clause 9.0 (Amendment of bid documents) hereof and any minutes of pre bid meeting (if held) will include the following :- Section no. Name of Document.

I Information for Bidders (INFB).

II Instruction to Bidders (ITB). III General Conditions of Contract (GCC).

IV Forms and Procedure (FP). 1 Bid Forms

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2 Attachments Including Security Forms 3 Price Schedule 4 Form of Notification of Award of Contract for

supply and installation of Plant and Equipment. 5 Form of Contract.

6 Performance Security Forms. 7 Form of Completion Certificate. 8 Form of Operational Acceptance Certificate 9 Form of Trust Receipt for Plant, Equipment

and Materials received 10 Form of Indemnity Bond to be executed by the

Contractor for the Equipment handed over by the Owner for Performance of its Contract.

11 Form of Authorisation letter. 12 Hand Receipt.

V Technical specifications 7.2 The Bidder is expected to examine all instructions, forms, schedules, terms, specifications and

other information in the bid documents. Failure to furnish all information required by the bid documents or submission of a bid not substantially responsive to the bid documents will be at Bidder's risk and may result in rejection of its bid.

8.0 CLARIFICATION OF BID DOCUMENTS

8.1 The bidder is required to carefully examine the specifications and documents and fully inform

himself as to all the conditions and matters which may in any way affect the performance of the contract or the cost thereof. If any bidder finds discrepancies or omission in the specifications and documents or is in doubt as to the true meaning of any part, he may notify the owner in writing or by fax, who will respond in writing or fax to any request for clarification of his bid document which the owner receives earlier than 10 days prior to the deadline for the submission of the bids. Fax and written copies of the owner response (including a explanation of the query but without identifying the source) will be sent to all the prospective Bidders who have received the bid documents. Owner shall not be held responsible for non receipt or late delivery of written clarifications and shall not be the basis for extension of bid submission date. All such interpretations and clarifications shall form part of the documents and specifications and accompany the Bidder Proposal.

8.2 Verbal clarifications and information’s given by the owner or his employee(s) or his

representative(s) shall not in any way be binding on the owner. 9.0 AMENDMENT TO BID DOCUMENTS 9.1 The Owner reserves the right to issue amendments, clarifications to the bid documents to all the

Bidders who have received the bid documents, giving reasonable time prior to the bid opening. Such amendments/ clarifications etc; shall be given due consideration by the Bidders while they submit the bids and invariably enclose such documents as a part of the bid. All such amendments, clarifications etc, shall be mailed by the Owner to the prospective Bidders at the address contained in the letter of request for issue of bid Documents. The Owner will bear no responsibility or liability arising out of non-receipt of the same in time or otherwise.

9.2 The amendment thus issued will be part of the bid documents, and will be communicated in

writing or by fax to all prospective Bidders who have received the bid documents and will be binding on them. Prospective Bidders shall promptly acknowledge receipt thereof by fax to the Owner.

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9.3 In order to afford prospective Bidders reasonable time in which to take an amendment into

account in preparing their bid, the Owner may, at its discretion, extend the deadline for the submission of bids.

10.0 TIME SCHEDULE 10.1 The basic consideration and the essence of the contract shall be the strict adherence to the time

schedule for performing the works under the proposal/contract. 10.2 The Owner's requirements of completion schedule for the works are mentioned in the GCC

Clause 10.0. 10.3 The completion schedule as stated in the GCC Clause 10.0 shall be one of the major factors in

consideration of the proposal. The Owner reserves the right to request for a change in the works schedule during pre-award discussions or during execution of contract with successful Bidders.

C. Preparation of Bids

11.0 LANGUAGE OF BID

The bid prepared by the Bidder and all correspondence and documents relating to the bid exchanged by the Bidder and the Owner shall be written in English. Supporting documents and printed literature furnished by Bidder in any other language shall be accompanied by its true and faithful translation of the pertinent passages in English. For the purpose of interpretation of the bid, the English translation shall govern. Failure to comply with this may disqualify a bid.

12.0 DOCUMENTS COMPRISING THE BID

12.1 Bid submitted by the Bidder shall comprise the following documents:

a) Bid Form duly completed and signed by the Bidder, together with all Attachments identified in ITB sub-clause 12.2 below.

b) Price Schedules duly completed by the Bidder.

12.2 Each Bidder shall submit with its bid the following attachments. (a) Attachment 1: Bid Security. A Bid Security furnished in accordance with ITB Clause 16.0 (Bid Security).

(b) Attachment 2: Power of Attorney.

A power of attorney, duly authorised by a Notary Public, indicating that the person(s) signing

the bid has the authority to sign the bid and that the bid is binding upon the Bidder during the

full period of its validity in accordance with ITB Clause 17.0 (Format and Signing of Bids).

(c) Attachment 3: Bidder's Qualifications

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The documentary evidence, established in accordance with ITB clause 3.0 (Eligibilities & qualifying requirements), that the Bidder is qualified to perform the contract if its bid is accepted. The documentary evidence of the Bidder’s qualification to perform the contract if its bid is accepted, shall establish to the owner’s satisfaction that the Bidder has the financial, technical, production, procurement, shipping, installation and other capabilities necessary to perform the contract and in particular meets the experience and other criteria outlined in the bid data sheet.

(d) Attachment 4: Eligibility and Conformity of the Facilities.

Documentary evidence established in accordance with ITB Clause 4.0 (Eligible Plant, Equipment and Services), that the facilities offered by the Bidder in its bid are eligible and conform to the Bid Documents.

The documentary evidence of the conformity of the facilities to the Bid Documents may be in the form of literature, drawings and data and 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 on a long term basis in accordance with provisions of contract; and

(iii) a commentary on the Owner's Technical Specifications and adequate evidence demonstrating the substantial responsiveness of the facilities to these specifications.

Bidders shall note that standards for workmanship, materials and equipment designated by the Owner in the bid 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 Owner's satisfaction that the substitutions are substantially equivalent or superior to the standards designated in the Technical Specifications.

(e) Attachment 5: Subcontractors Proposed by the Bidder for services.

The Bidder shall include in its bid details of all services that it proposes to avail for installation/ erection of equipments and shall give details of the name and nationality of the proposed subcontractor Bidders are free to list more than one subcontractor. Quoted rates and prices will be deemed to apply to whichever subcontractor is appointed, and no adjustment of the rates and prices will be permitted. The Owner reserves the right to delete any proposed Subcontractor from the list prior to award of contract and after discussion between the Owner and the Contractor; Appendix 5 to the form of Contract Agreement shall be completed, listing the approved subcontractors for each items.

(f) Attachment 6 & 6A: Deviations

Deviations, if any, from the terms and conditions or Technical Specifications shall be listed in the following attachments of the bid:-

i) Deviations in commercial terms and conditions: - Attachment- 6

ii) Deviations in technical specifications: - Attachments- 6A

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The Bidder shall also provide the additional price, if any, for withdrawal of the deviations. However, the attention of the Bidders is drawn to the provisions of ITB Clause 24.0 (Preliminary Examination of bid) regarding the rejection of bids that are not substantially responsive to the requirements of the bid documents.

Bidders attention is drawn to the provision of ITB Clause 24.0 (Preliminary Examination of bid) which requires the Bidders to indicate the cost of withdrawal for deviation proposed, if any, to critical provisions, relating to clause listed there in, failing which their bid will be rejected.

Bidders may further note that except for deviations listed in Attachment 6 and Attachment 6A, the bid shall be deemed to comply with all the requirement in the bidding documents and the Bidders shall be required to comply with all such requirements of bid documents and technical specifications without any extra cost to the Owner irrespective of any mention to the contrary, any where else in the bid.

Bidder may further note that deviations in commercial terms and conditions shall be listed in attachment 6 & technical in attachment 6A respectively.

(g) Attachment 7: Quality Assurance Programme containing the overall quality

management & procedures, which the Bidder proposes to follow during various phases of execution of the contract.

(h) Attachment 8: Milestone schedule showing the timing & sequence of all key activities necessary for successful completion of the contract and giving the important Mile Stone.

13.0 BID FORM AND PRICE SCHEDULE

The Bidder shall complete the Bid Form and the appropriate Price Schedules furnished in the bid documents as indicated therein and in the subsection "Bid Form and Price Schedules" of the bid documents, following the requirements of ITB Clause, 14.0.

14.0 BID PRICES

14.1 Unless otherwise specified in the Technical Specifications, 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 bid documents in respect of the design, manufacture, including procurement and subcontracting (if any), insurance, delivery, construction, installation and commissioning of the facilities including supply of Mandatory Spares (if any). This includes all requirements under the Contractor’s responsibilities for testing, witnessing of test and inspection, pre-commissioning and commissioning of the facilities and, where so required by the bid 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 bid documents, all in accordance with the requirements of the General Conditions of Contract.

14.2 Bidders are required to quote the price for the commercial, contractual and technical

obligations outlined in the Bid Documents. If a Bidder wishes to make a deviation, other than those stated in ITB sub-clause 24.4, such deviation shall be listed in the Attachment 6 of its bid. Deviation Schedule of bid proposal sheets. The Bidder shall also provide the additional price, if any, for withdrawal of the deviations.

14.3 Bidders quoting a system of pricing other than that specified run the risk of rejection.

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14.4 The Bidder shall fill in prices for all items as specified in the bid form whether quantities are

stated or not. Items against which no price is entered by the Bidder will not be paid by the Owner when executed and shall be deemed to be included in the other prices in the "Bid Form and Price Schedules", however, cost comparison on account of such items for evaluation of bid shall be considered.

14.5 The rates and amounts shall be quoted in decimal in such a manner that no interpolation is possible. Corrections, if any, shall be made by crossing out, initialling, dating and rewriting. Corrections should not be carried out by applying correcting fluid.

14.6 Bidders shall give a breakdown of the prices in the manner and details called for in the Price

Schedules in the following manner: - Separate numbered Schedules shall be used for each of the following elements. The total amount from each Schedule (1 to 3) shall be summarised in Grand Summary (Schedule 4) giving the total bid price(s) to be entered in the Bid Form.

Schedule No. 1 Plant and Equipment including mandatory Spare Parts

Schedule No. 2 Transportation and Insurance.

Schedule No. 3 Installation Services Schedule No. 4 Grand Summary (Schedules Nos. 1 to 3). Schedule No. 5 Recommended Spare Parts. Schedule No. 6 Taxes and Duties.

Bidders shall note the plant and equipment included in Schedule No. 1 above excludes all materials, consumables involved in installation, erection and other works at site. All such materials including consumables required for installation, erection, testing, pre-commissioning and commissioning activities, shall be included and priced under Schedule No.3, Installation Services.

14.7 In the Schedules, Bidders shall give the required details and a breakdown of their prices as

follows: -

(a) Plant and Equipment including mandatory spares (Schedule No. 1) shall be quoted on an EXW (ex-factory, ex-works, ex-warehouse or off the shelf, as applicable) basis, and shall be inclusive of all costs as well as duties and taxes paid or payable on components and raw materials incorporated or to be incorporated in the facilities.

However, Excise Duty, Sales Tax, Octroi and other taxes/ levies in respect of direct transaction between the Owner and the contractor shall not be included in the Ex-works price but shall be quoted separately in Schedule No. 6.

(b) Local transportation, insurance and other local costs incidental to delivery of the Plant

and Equipment including mandatory spares (Schedule No. 2).

(c) Installation Services shall be quoted separately (Schedule No.3) and shall include rates or prices for all labour, contractor's equipment, temporary works, materials, consumables, at site and all matters and things of whatsoever nature, including operations and maintenance services, the provision of operations and maintenance

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manuals etc., where identified in the Bid Documents, as necessary for the proper execution of the Installation. Services, including all taxes including sales tax on works contract, if any, duties, levies and charges payable as on twenty-eight (28) days prior to the dealing for submission of bids.

(d) Recommended spare parts shall be quoted separately (Schedule No. 5) as specified in

subparagraph (a) above. 14.8 It shall be mandatory for the Bidders to specify the unit rates and amounts for mandatory spare

parts specified in the Schedule of Prices, which shall be considered while evaluating the bids. The Owner, however, reserves the right, during the execution of Contract, to vary the quantity of mandatory spare parts specified in the schedule of prices. The variation in the contract price on this account shall, however, be limited to 50% of the total price under the sub-head mandatory spares.

14.9 Price quoted by the Bidder shall be Fixed and Firm, No PVC (Price Variation Claim) is

allowed.

15.0 BID VALIDITY PERIOD

15.1 Bids should be kept valid for acceptance for a period of six (6) calendar months from the date

of opening of bids prescribed in ITB Clause 22.0 (Opening of Bids by Owner). The bids valid for a period shorter than specified period shall be rejected as being non-responsive.

15.2 In exceptional circumstances, prior to expiry of the original bid validity period, Owner may

request the Bidder for a specified extension in the period of validity. The request and the responses thereto shall be made in writing or by fax. A Bidder may refuse the request without forfeiting his Bid Security. A Bidder agreeing to the request will neither be required nor permitted to modify his bid, but will be required to extend the validity of his bid guarantee correspondingly. The provision of ITB Clause 16.0 (Bid Security), hereof regarding discharge and forfeiture of Bid Security shall continue to apply during the extended period of bid validity.

16.0 BID SECURITY

16.1 The bidder shall deposit the bid security of amount Rupees Sixty thousand only. Out of the total amount payable as bid security, the amount up to Rs. 50,000/- shall be deposited in the shape of demand draft in the name of Accounts Officer O/O Chief Engineer (Gen.). HPSEBL, Sundernagar Distt. Mandi (HP) 175019 and the balance amount shall be deposited in the shape of Bank guarantee in favour of Accounts Officer O/O Chief Engineer (Gen.). HPSEBL, Sundernagar Distt. Mandi (HP) 175019 which shall be valid for (Twelve) 12 months from the date of opening of the bid. The fact that a firm is registered with D.G.S. & D, controller of stores or small scale manufacturer or a government undertaking will not absolve it of the obligation of depositing the bid security. However, firms registered with the HPSEBL for the items covered in this bid shall be exempted from the payment of bid security.

16.2 Bid Security is required to protect Owner against risk of Bidder's conduct which would warrant

the security's forfeiture, pursuant to ITB Clause 16.7.

16.2.1 No bid security is required to be paid by the local firms which are declared by the Director of Industries. HP Govt as small scale industrial Units and registered with HPSEBL after depositing a permanent security with the Himachal Pradesh State Electricity Board Limited.

16.3 Any bid not secured in accordance with ITB clause 16.1 above shall be rejected by the owner

as being non responsive pursuant to ITB clause 24.0

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16.4 Unsuccessful Bidder's Bid Security will be discharged / returned as promptly as possible but not later than thirty (30) days after the expiration of the period of bid validity prescribed by the Owner pursuant to ITB clause 15 (Bid validity period).

16.5 Successful Bidder’s bid security will be discharged upon execution of the contract pursuant to

ITB clause 34.0 (signing of contract agreement) and furnishing the required performance security pursuant to ITB clause 35.0 (Contract performance security)

16.6 No interest shall be paid by the owner on the bid security.

16.7 The bid security may be forfeited:-

i) if the Bidder withdraws or modifies unilaterally his bid during the period of bid validity or

ii) if the Bidder does not accept the correction of his bid price pursuant to ITB clause 25.0 (Correction of Errors)

iii) In the case of a successful Bidder, if the Bidder fails within the specified time limit to :-

a) accept the letter of award or b) sign the contract agreement or c) furnish the required contract performance security

17.0 FORMAT AND SIGNING OF THE BID

17.1 The bidder shall prepare an original and two copies/sets of the bid clearly marking one as: “Original Bid”, “Copy no. 1 & Copy no. 2.” etc. as appropriate. In the event of any discrepancy between them the original shall govern.

17.2 The original and all copies of the bid, each consisting of the documents listed in ITB clause

12.0 (Documents Comprising Bid), shall be typed or written in indelible ink and shall be signed by the Bidder or a persons authorised to signing the bid.

17.3 The name of all person or persons signing the bid should also be typed or printed below the

signature. All pages of the bid, except for unamended printed literature shall be initialled by the person or persons signing the Bid.

17.4 Bid by a partnership firm must be furnished with full names of all partners and be signed with

the partnership name, followed by the signature(s) and designations(s) of the authorised partner(s) or other authorised representative(s) (Authenticated copy of Partnership Deed shall be furnished alongwith the Bid)

17.5 Bid by corporation/Company must be signed with the legal name of the Corporation/Company

by the President, Managing Director, or by the Secretary or other person or persons authorised to sign bid on behalf of such Corporation/ Company in the matter.

17.6 A Bid by a person who affixes to his signature the word ‘President’, ‘Managing Director’

‘Secretary’, ‘Agent’, or other designation without disclosing his principal will be rejected. 17.7 Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be

furnished with the bid in the form of a Power of Attorney, duly authorised by a Notary Public, indicating that the persons signing the bid have the authority to sign the bid and that the bid is binding upon the Bidder during the full period of its validity. This shall be submitted as Attachment 2 to the bid under ITB sub-clause 12.2(b) (Power of Attorney).

17.8 The Bidder’s name stated on the proposal shall be the exact legal name of the firm.

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17.9 Any interlineations, erasures or overwriting shall only be valid if these are initialled by

signatory(ies) to the Bid. 17.10 Bids not conforming to the above requirements of signing may be disqualified.

D. Submission of Bids

18.0 SEALING AND MARKING OF BIDS.

18.1 The Bidders must submit the Bid in the following two separate sealed envelopes duly marking envelopes as "Original Bid" and "Copy no.1&2 ". The envelopes shall then be sealed in an outer envelope. (i) Bid Security

First Envelope.

(ii) Techno-Commercial and Price Bid Proposal (1 Original + 2 Copies) along with duly filled (wherever required) and signed copies of conditions of contract, General technical specifications.

Second Envelope.

18.2 The inner and outer envelopes shall:

a) be addressed to the “Chief Engineer (Generation), HPSEBL, Sundernagar, Mandi

(HP)-175019”. and: b) super scribed as “Proposal for design, supply, installation / erection and

commissioning of 250KVA & 400KVA Diesel Generator set complete with all accessories and fitting etc. for GIRI HEP and for BASSI HEP” and the statement “Do Not Open Before Dated 31.10.2012” at hrs.15.00.

18.3.1 The inner envelopes shall also indicate the name and address of the Bidder so that the Bid can be returned unopened in case it is declared "late".

18.4 If the outer envelope is not sealed and marked as required by ITB sub-clause 18.2 above, the

Owner will assume no responsibility for the bid's misplacement or premature opening. 19.0 DEAD LINE FOR SUBMISSION OF BIDS 19.1 Bids must be received in the office of the “Chief Engineer (Generation), HPSEBL,

Sundernagar, Mandi (HP)-175019.” on or before 13.00 hours at31.10.2012. In the event of the date of submission of bids being declared as holiday for the Owner, the bids will be received up to the appointed time on the next working day.

19.2 The Bidder has the option of sending the bid by registered post/courier or by submitting the bid in person. Bids submitted by fax/telegram / telex letter shall not be accepted. No request from any Bidder to the Owner to collect the proposal from airlines, cargo agents etc. shall be entertained.

19.3 The Owner may at its discretion, extend the dead line for submission of bids by issuing an

amendment in accordance with ITB Clause 9.0 (Amendment to Bid Document), in which case all rights and obligations of the Owner and the Bidders previously subject to the original dead line shall thereafter be subject to the new deadline as extended.

20.0 LATE BIDS

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20.1 Bids submitted after the time and date fixed for the receipt of bids as set in ITB Clause 19.0

shall be rejected and such bids if so desired by the said Bidder may be permitted to be collected back by such Bidder provided such requests are received by the Owner within fifteen (15) days from the date of bid opening.

21.0 MODIFICATION AND WITHDRAWAL OF BIDS

21.1 The Bidder may modify or withdraw bid after its submission, provided that the modification or

notice of withdrawal is received in writing by the Owner prior to the prescribed deadline for submission of bids.

21.2 The Bidder's modifications or notice of withdrawal shall be prepared, sealed, marked and

delivered as follows: (a) The Bidders shall provide an original and two (2) copies of any modifications to its bid,

clearly identified as such, in two inner envelopes duly marked "Bid Modifications-

Original" and "Bid Modifications-Copies". The inner envelopes shall be sealed in an outer envelope, which shall be duly marked "Bid Modifications."

(b) Other provisions concerning the marking and dispatch of bid modifications shall be in accordance with ITB sub-clauses 18.2, 18.3 and 18.4.

21.3 A Bidder wishing to withdraw its bid shall notify the Owner in writing prior to the deadline

prescribed for bid submission. A withdrawal notice may also be sent by cable/fax, but it must be followed by a signed confirmation copy, postmarked not later than the deadline for submission of bids. The notice of withdrawal shall:

(i) be addressed to the Owner at the address named in the bid data sheet, and

(ii) bear the contract name, the Tender Specification number, and the words” BID

WITHDRAWAL NOTICE ". Bid withdrawal notices received after the bid submission deadline will be ignored, and the submitted bid will be deemed to be a valid submitted bid.

21.4 No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified in ITB Clause 15.0 (Bid Validity Period). Withdrawal of a bid during this interval may result in the Bidders forfeiture of the bid security, pursuant to ITB Clause 16.0 (Bid Security).

E. Bid Opening and Evaluation

22.0 OPENING OF BIDS BY OWNER

22.1 All bids including modifications/withdrawals made pursuant to ITB Clause 21.0 (Modification and withdrawal of Bids) will be opened in the office of the Chief Engineer (Generation),

HPSEBL, Sundernagar, Mandi (HP)-175019, by the officer(s) duly authorised by the Owner for this purpose at 15.00 hrs. on 31.10.2012 in the presence of the Bidder's authorised representatives who may wish to attend. In the event of specified date of bid opening being holiday for Owner, the Bids shall be opened at the appointed time and location on the next working day.

22.2 Bidder's authorised representative (up to two persons) may attend the bid opening and they

have to sign a register provided by the Owner for evidencing their participation. No electronic recording device/mobile phones etc., shall be permitted during the bid opening.

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22.3 Envelopes marked "Withdrawal" shall be opened and read out first. Bid for which an acceptable notice of withdrawal has been submitted pursuant to ITB Clause 21.0 (Modification and withdrawal of Bids) hereof shall not be opened.

22.4 The techno-commercial (second envelope) of only those Bidders shall be opened whose bids

security envelope (first envelope) found to contain (after opening) the bid security in acceptable form. The bids with bid security deficient in requisite value shall be rejected and bid will be returned unopened.

22.5 The officer(s) of the Owner authorised for opening of bids will announce the Bidder's names,

written notifications of bid modification and withdrawals, if any, the presence or absence of the requisite bid security and other such details as the said officers at their discretion may consider appropriate.

22.6 Bids and modifications (sent pursuant to ITB sub-clause 21.2) that are not opened and read out

at bid opening will not be considered for further evaluation, regardless of the circumstances. 23.0 CLARIFICATION OF BIDS 23.1 To assist in the examination, evaluation and comparison of bids the Owner, may at its

discretion ask any Bidder for clarification of his bid, including break-up of unit rates. The request for clarification and the response shall be in writing or by fax, but no change in the price or substance of the bid shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Owner during the evaluation of the bids in accordance with ITB Clause 25.0 (Correction of Error) hereof.

24.0 PRELIMINARY EXAMINATION OF BIDS

24.1 The Owner will examine the bids to determine whether they are complete, whether any

computational errors have been made, whether required securities have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

24.2 The Owner may waive any minor infirmity, nonconformity or irregularity in a bid that does not constitute a material deviation, whether or not identified by the Bidder in Attachment-6 of its bid, and that does not prejudice or affect the relative ranking of any Bidder as a result of the technical and commercial evaluation.

24.3 Prior to the detailed evaluation, the Owner will determine whether each bid is of acceptable

quality, is generally complete and is substantially responsive to the Bid Documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bid 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 of performance of the Contract: (ii) that limits in any substantial way and /or is inconsistent with the bid Documents or the Owners rights or the successful Bidder's obligations under the Contract; or (iii) whose rectification would unfairly affect the competitive position of other Bidder's who are presenting substantially responsive bids.

24.4 Bids containing deviations from critical provisions relating to GCC Clauses 5.0 (Governing

Law), 6.0 (Arbitration)), 14.0 (Terms of payment), 15.3 (Performance Security), 16.0 (Taxes and Duties), 29.0 (Completion Time Guarantee), 30.0 (Defect Liability), 31.0 (Functional Guarantees), 32.0 (Patent Indemnity), 33.0 (Limitation of Liability), and Appendix-2 to Form of Contract Agreement (Price Adjustment) may be considered as non-responsive. However, the Bidders wishing to propose deviations to any of the above provisions must provide in the Attachment-6 of the bid, the cost of withdrawal of such deviations. If the deviation to any of these provisions is not priced, the bid will be rejected.

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24.5 At the time of Award of Contract, if so desired by the Owner, the Bidder shall withdraw these

deviations listed in Attachment 6 and Attachment 6A at the cost of withdrawal stated by him in the bid. In case the Bidder does not withdraw the deviations proposed by him, if any, at the cost of withdrawal stated by him in the bid, his bid will be rejected and the bid security forfeited.

24.6 If a Bid is not substantially responsive, it will be rejected by the Owner, and may not

subsequently be made responsive by the Bidder by correction of the non- conformity. 25.0 CORRECTION OF ERRORS

25.1 The errors/ discrepancies in respect of the specified amount in Price Sheets for an individual

item and / or sub-item and or in the sub-total of a schedule and/or in the Grand total of a schedule and/or in the lump sum price of the package either due to discrepancy between figures and words and/or simple arithmetical error while adding and/or multiplying and/or due to wrong extension of unit rates etc; the error will be rectified and computed by Owner as per the following method: -

(i) In case of discrepancy between figure and words, the value specified in the words will

be considered for computation.

(ii) Firstly, the unit rates in words will be considered for computation.

(iii) In case unit rates are not indicated in words then unit rates indicated in figure will be considered and will be used for deriving the amount from the quantities specified in the bid documents.

(iv) In case error is due to wrong extension of quantities, the quantities as specified in the

bid documents will be considered and multiplied by the quoted unit rates to obtain the amount. The amounts will be computed as per the extension of amount of individual item, sub-item, sub-total of a schedule, grand total of a schedule and lump sum price of the package based on the above consideration.

25.2 After computation of the amounts as above, the values as computed and as quoted will be

compared and higher of the two will be considered for the purpose of evaluation of bid and lower values will be considered for the purpose of award/payment (in case of successful Bidder). If the Bidder does not accept the above consideration, his bid will be rejected and the bid security may be forfeited.

26.0 EVALUATION AND COMPARISON OF BIDS

26.1 The bids will be evaluated by the Owner to ascertain the lowest evaluated, technically and commercially responsive bid for the complete scope of work, as detailed in the bid documents

27.0 DEFINITIONS & MEANINGS 27.1 For the purpose of the evaluation and comparison of bids, the following meanings and

definitions will apply: -

(a) 'Bid Price' shall mean the total price which is the summation of all break up prices quoted by each Bidder in this proposal for the complete scope of works as per Schedule-4 (Grand Summary)

(b) 'Cost Compensation for Deviations' shall mean the Rupee value of deviations to the Bid Documents declared by the Bidder in Attachment-6 and Attachment-6A to the bid.

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(c) 'Taxes & Duties ' shall mean the taxes & duties reimbursable/payable by the Owner to

the contractor as per the provisions of bid documents on transaction between the Owner & the contractor as indicated in Schedule-6.

(d) 'Evaluated Bid Price' shall mean the summation of 'Bid Price'(Schedule-4). Cost

Compensation for Deviations (Attachment 6 & 6A), ‘Taxes and Duties (Schedule-6) and' Deficiency in Mandatory spares (if any).

28.0 TECHNICAL EVALUATION 28.1 The Owner will carry out a detailed evaluation of the bids determined to be substantially

responsive in order to determine whether the technical aspect are in accordance with the requirements set forth in the bid documents. In order to reach such a determination, the Owner will examine and compare the technical aspects of the bids on the basis of the information supplied by the Bidders, taking into account the following factors: (a) overall completeness and compliance with the Technical Specifications and Drawings,

deviations from the Technical Specifications as identified in Attachment-6A of the bid and those deviations not so identified, suitability of the facilities offered in relation to the environmental and climatic conditions prevailing at the site and quality, function and operation of any process control concept included in the bid. The bid that does not meet minimum acceptable standards of completeness, consistency and detail will be rejected for non-responsiveness.

(b) achievement of specified performance criteria by the facilities.

(c) type, quantity and long term availability of mandatory and recommended spare parts and maintenance services.

(d) any other relevant factors, if any, listed in the bid data sheet, or that the Owner deems

necessary or prudent to take into consideration. 29.0 COMMERCIAL EVALUATION

29.1 The comparison shall be of the EXW price of plant and equipment including mandatory spares such price to include all costs as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the plant and equipment including mandatory spares, plus the cost of transportation, insurance, all installation and other services required under the contract. The Owner's comparison will also include the costs resulting from application of the evaluation procedures described in ITB sub-clause 29.3.

29.2 The Owner's evaluation of a bid will take into account, in addition to the bid prices indicated in

Price Schedules Nos. 1 through 4, the following costs and factors that will be added to each Bidder's bid price in the evaluation using pricing information available to the Owner's, in the manner and to the extent indicated in ITB sub-clause 29.3 and in the Technical Specifications:

(a) the cost of all quantifiable deviations and omissions from the contractual and

commercial conditions and technical specifications as identified in Attachment 6 & 6A to the bid.

(b) cost of deviation to Terms and Procedures of Payment.

(c) the extra cost of work, services, facilities etc., required to be provided by the Owner or

third parties.

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29.3 Pursuant to ITB sub-clause 29.2 the following evaluation methods will be followed:

(a) Cost Compensation for Deviation

Subject to the provisions in ITB Clause 24.4 any deviations from bid Documents shall be listed in Attachment 6 and 6A along with cost of withdrawal of the deviations. For the purpose of evaluation and comparison the bid price for a fully compliant bid will be arrived by applying these costs. HPSEBL will have freedom to accept or not to accept these deviations in the final contract. If there is a deviation, which is not costed, HPSEBL will use its best judgement in determining the cost, provided the deviation is accepted, if not, the bid may be rejected.

Except for the deviations listed in Attachment 6 and 6A, the bid shall be deemed to comply with all the requirements in the bid documents, and the Bidder shall be required to comply with all such requirements of bid documents and technical specification without any extra cost to Owner irrespective of any mentions to the contrary, any where else in the bid.

(b) Deviations to Terms and Procedures of Payment

Bidders shall state their bid price for the payment terms outlined in Appendix-1. Bids will be evaluated on the basis of this base price. Bidders are, however, permitted to state alternative terms of payment and indicate the reduction in bid price they wish to offer for such alternative terms of payment. The Owner may, if determined acceptable to him, consider the alternative terms of payment offered by the selected Bidder.

(c) Time Schedule (Program of Performance)

The plant and equipment covered by this bid are required to be transported/ installed, and the facilities shall have the commissioning completed within Eight (8) months from the issue of notice of award. No credit will be given for earlier completion. Bids offering a completion date beyond Eight (8) months period shall be rejected.

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

Where bids include the undertaking of work or the provision of services or facilities by the Owner in excess of the provisions allowed for in the bid documents, the Owner shall assess the costs of such additional work, services and/or facilities during the duration of the contract. Such costs shall be added to the bid price for evaluation.

(e) Mandatory / Recommended spares

The cost of Mandatory Spares indicated in Schedule 1 shall be considered for evaluation. The price of recommended spare parts quoted in price Schedule No. 5 shall not be considered for evaluation.

29.4 TAXES AND DUTIES 29.4.1 For the purpose of evaluation, all applicable taxes and duties payable/ reimbursable by the

Owner to the Bidder in line with the provisions of the bid documents will be considered. This will include excise duty, Sale tax, and Octroi (as applicable) payable by the Owner to the Bidder in respect of direct transaction between the Owner and the Bidder.

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29.4.2 Rates of ‘Tax and Duties’ applicable as on the date of bid opening shall be considered for arriving at the quantum of taxes and duties for the purpose of evaluation.

29.5 Any adjustments in price that result from the above procedures shall be added, for purposes of

comparative evaluation only, to arrive at an “Evaluated Bid Price”. Bid price quoted by Bidders shall remain unaltered.

30.0 CONTACTING THE OWNER

30.1 Subject to ITB clause 23.0 (Clarification of Bids) no Bidder shall contact the Owner on any matter relating to its bid, from the time of the opening of bids to the time the contract is awarded.

30.2 Any effort by a Bidder to influence the Owner in the Owner’s bid evaluation, bid comparison

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

F. Award of Contract

31.0 OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

The Owner reserves the right to accept or reject any bid, and to annul the bid process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidder’s or any obligation to inform the affected Bidder or Bidders of the grounds for Owner’s action.

32.0 AWARD CRITERIA

32.1 Subject to ITB clause 31.0 (Owners Right to Accept any Bid) hereof, the owner will award the

contract to the Bidder whose bid has been determined to be substantially responsive to the bid documents and who has offered the lowest evaluated bid price pursuant to ITB clause 26.0 (Evaluation and Comparison of Bid) further provided that such Bidder has been determined to be eligible/qualified to perform the contract satisfactorily.

32.2 Except for the deviations, the Bidder would be required to comply with all the requirements of

bid documents failing which his bid security will be forfeited. Further, the Owner may request the Bidder to withdraw any of the deviations listed in the Attachment-6 & 6A to the bid document. In case the Bidder does not withdraw the deviations proposed by him, if any, at the cost of withdrawal stated in the bid, his bid will be rejected and bid security forfeited.

32.3 The Owner reserves the right to vary the quantity of any of the spares and / or delete any items

of spares altogether at the time of Award of Contract. 32.4 The mode of contracting with the successful Bidder will be as per GCC clause 8. 33.0 NOTIFICATION OF AWARD

33.1 Prior to the expiration of the period of bid validity, the Owner will notify the successful Bidder in writing by registered letter or by fax to be confirmed in writing by registered letter that his bid has been accepted. The notification of award will constitute the formation of the Contract.

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33.2 On furnishing of a performance security by the successful Bidder, pursuant to ITB clause 34.0 (Contract Performance Security), the Owner will promptly notify each unsuccessful Bidders and will discharge its bids security.

34.0 SIGNING THE CONTRACT 34.1 Within (30) thirty days of receipt of the letter of award, on a date and time mutually agreed

upon, the successful Bidder or his authorised representative shall attend the office of the Owner for signing of the Contract.

34.2 Failure on the part of the successful Bidder to comply with the requirements this clause will

constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. 35.0 CONTRACT PERFORMANCE SECURITY

35.1 Within 30 (Thirty) days after receipt of letter of award but not later than the signing of the

Contract, the successful Bidder shall be required to furnish to the Owner, a Contract Performance Security in the form of an irrevocable Bank Guarantee for an amount equivalent to 10% (ten percent) of the contract price as per proforma annexed to bid document for the faithful performance of contract in accordance with the conditions of the contract.

35.2 Failure of the successful Bidder to comply with the requirement of ITB clause 34.0 (Signing of

Contract ) and 35.0 (Contract Performance Security) shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event Owner may make the award to the next lowest evaluated Bidder or call for new bids.

35.3 Should the Contract period, for whatever reason be extended, the Contractor, shall at his own

cost get the validity period of Bank Guarantee in respect of performance security furnished by him extended and shall furnish the extended/revised Bank Guarantee to Owner before the expiry date of the Bank Guarantee originally furnished.

36.0 PROCESS TO BE CONFIDENTIAL 36.1 The information relating to the examination, clarification, evaluation and comparison of tenders

and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process.

36.2 The contractor shall not communicate or use in advertising, publicity in any other medium,

photograph or other reproduction of the works under this contract, or description of the site, dimensions, quantity, quality or other information, concerning the works unless prior written permission has been obtained from the Engineer-in- Charge of the project.

36.3 All documents, correspondence, decisions and other matters concerning the contract shall be

considered of confidential and restricted nature by the contractor and he shall not divulge or allow access to these to any unauthorised persons.

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SECTION-III

General Conditions of Contract (GCC)

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INDEX

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO.

A. Contract and Interpretation

1.0 DEFINITIONS 39 2.0 CONTRACT DOCUMENTS 41 3.0 INTERPRETATION 41 4.0 NOTICES 42 5.0 GOVERNING LAW 42 6.0 ARBITRATION 42

B. SUBJECT MATTER OF CONTRACT

7.0 Manner Of Execution Of Contract 44 8.0 CONSTRUCTION OF THE CONTRACT 44 9.0 SCOPE OF FACILITIES 44 10.0 TIME FOR COMMENCEMENT AND COMPLETION 45 11.0 CONTRACTOR'S RESPONSIBILITIES 45 12.0 OWNER'S RESPONSIBILITIES 46

C. PAYMENT

13.0 CONTRACT PRICE 46 14.0 TERMS OF PAYMENT 47 15.0 SECURITIES 47 16.0 TAXES AND DUTIES 48 17.0 DEDUCTION FROM CONTRACT PRICE 49

D. INTELLECTUAL PROPERTY

18.0 COPYRIGHT 49 19.0 CONFIDENTIAL INFORMATION 49

E. WORK EXECUTION

20.0 REPRESENTATIVES 50 21.0 WORK PROGRAMME 51 22.0 SUB CONTRACTING 52 23.0 DESIGN AND ENGINEERING 53 24.0 PROCUREMENT 54

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25.0 INSTALLATION 55 26.0 TEST AND INSPECTION 57 27.0 COMPLETION OF THE FACILITIES 58 28.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE 60

F. GUARANTEE AND LIABILITY

29.0 COMPLETION TIME GUARANTEE 61 30.0 DEFECT LIABILITY 61 31.0 FUNCTIONAL GUARANTEES 63 32.0 PATENT INDEMNITY 63 33.0 LIMITATION OF LIABILITY 64

G.RISKS DISTRIBUTION

34.0 TRANSFER OF OWNERSHIP 64 35.0 CARE OF FACILITIES 65 36.0 LOSS OF OR DAMAGE TO PROPERTY 66 37.0 INSURANCE 67 38.0 UNFORESEEN CONDITIONS 69 39.0 CHANGES IN LAWS AND REGULATIONS 69 40.0 FORCE MAJEURE 70 41.0 WAR RISKS 71 42.0 EXTENSION OF TIME FOR COMPLETION 72 43.0 SUSPENSION 73 44.0 TERMINATION 74 45.0 ASSIGNMENT 78 46.0 SPARES 78 47.0 OPERATION AND MAINTENANCE MANUALS 81 48.0 TAKING-OVER CERTIFICATE 81 49.0 PACKING, FORWARDING AND SHIPMENT 82

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GENERAL CONDITIONS OF CONTRACT

A. Contract and Interpretation

1.0 DEFINITIONS 1.1 The following words and expressions shall have the meanings hereby assigned to them:

"Commissioning" means Trial operation of the Facilities or any part thereof by the Contractor, which operation is to be carried out by the Contractor as provided in GCC sub-clause 28.1(Commissioning) hereof, for the purpose of carrying out Guarantee Test(s). "Completion" means that the Facilities (or a specific part thereof where specific parts are specified in the Contract Document) have been completed operationally and structurally and put in a tight and clean conditions, and that all work in respect of Pre-commissioning of the Facilities or such specific part thereof has been completed.

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

"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 Equipment" means all plant, facilities, equipment, machinery tools, apparatus, appliances or things of every kind required in or for transportation, installation, completion and maintenance of Facilities that are to be provided by the Contractor, but does not include Plant and Equipment, or other things intended to form or forming part of the Facilities .

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

"Contractor's Representative" means any person nominated by the Contractor and named as such in the Contract Document and approved by the Owner in the manner provided in GCC sub-clause 20.2 (Contract's Representative and Construction Manager) hereof to perform the duties delegated by the Contractor .

"Day" means calendar day of the Gregorian Calendar.

"Defect Liability Period" means the period of validity of the warranties given by the Contractor commencing at completion of the Facilities or a part thereof, during which the Contractor is responsible for defects with respect to the Facilities (or the relevant part thereof) as provided in GCC Clause 30. (Defect Liability) hereof.

"Effective Date" means the date from which the Time for completion shall be determined as stated in Article 3 (Effective Date for Determining Time for Completion) of the Form of Contract.

"Engineer in-charge" means the person appointed by the Owner in the manner provided in GCC sub-clause 20.1 (Engineer-in-Charge) hereof to perform the duties delegated by the Owner.

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"Facilities" means the Plant and Equipment to be supplied and installed, as well as the installation services to be carried out by the Contractor under the contract.

"GCC" means the General Conditions of Contract hereof.

"Government" means Government of India or Government of Himachal Pradesh and , (i) "Government of India" means President of India and his successors.

(ii) "Government of Himachal Pradesh" means Governor of Himachal Pradesh and his successors.

"Guarantee Test(s)" means the test(s) specified in the Technical Specifications to be carried out to ascertain whether the Facilities or a specified part thereof is able to attain the Functional Guarantees specified in the Technical Specifications in accordance with the provisions of GCC sub-clause 28.2 (Guarantee Test) hereof.

"Installation 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; i.e., transportation and provision of marine or other similar insurance, inspection, expediting, storage and preservation at Site, Site preparation works (including the provision and use of Contractor's Equipment and the supply of all construction materials required), installation, testing, pre-commissioning, commissioning, operations, maintenance, the provision of operations and maintenance manuals, training etc.

"Month" means calendar month of the Gregorian Calendar.

"Operational Acceptance" means the acceptance by the Owner of the Facilities (or any part of the Facilities where the Contract provides for acceptance of the Facilities in parts), which certifies the Contractor's fulfillment of the Contract in respect of Functional Guarantees of the Facilities(or the relevant part hereof) in accordance with the provisions of GCC Clause 31 (Functional Guarantees) hereof and shall include deemed acceptance in accordance with GCC Clause 28 (Commissioning and Operational Acceptance) hereof.

"Owner / HPSEBL" means the Himachal Pradesh State Electricity Board Limited having its registered office at Vidyut Bhawan, Shimla and includes the legal successors or permitted assigns of the Owner.

"Plant and Equipment" means permanent plant, equipment, machinery, apparatus, articles and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts to be supplied by the Contractor under GCC Clause 47.0 hereof), but does not include Contractor's Equipment.

"Pre-commissioning" means the testing, checking and other requirements specified in the Technical Specifications that are to be carried out by the Contractor in preparation for Commissioning as provided in GCC sub-clause 27 (Completion) hereof.

"Site" means the land and other place 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. "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.

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

2.0 CONTRACT DOCUMENTS

2.1 The term Contract Documents shall mean and include the following, which shall be deemed to

form an integral part of the Contract.

(a) This Contract Agreement and the Appendices hereto. (b) Notification of Award. (c) Forms and Procedures (d) Technical Specifications, Drawings and Technical Data sheets. (e) General Condition of Contract. (f) Information for Bidders. (g) The Price Schedules and quality assurance programme.

2.2 All the aforesaid Contract Documents including the letter of award shall form an integral part

of the Contract Agreement, in so far as the same or any part thereof conforms to the Bid Documents and what has been specifically agreed to by the owner and brought out in its letter of Award. Any matter inconsistent therewith, contrary or repugnant thereto or any deviation taken by the Contractor in its "Proposal" but not agreed to specifically by the owner in its letter of Award shall be deemed to have been withdrawn by the Contractor.

2.3 The documents mentioned at clause 2.1 above forming the Contract are to be taken as mutually

explanatory of one another. 3.0 INTERPRETATION

3.1 Language 3.1.1 All Contract Documents, 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 that language .

3.2 Singular and Plural

The singular shall include the plural and the plural the singular, except where the context otherwise requires.

3.3 Headings

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 Entire Agreement

The Contract constitutes the entire agreement between the Owner and the Contractor with respect to the subject matter of Contract and supercedes all communications, negotiations and agreements (whether written or oral) of parties with respect thereto made prior to the date of Contract.

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3.5 Amendment

No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party hereto.

3.6 Independent Contractor The Contractor shall be an independent Contractor performing the Contract. The Contract does not create any agency, partnership, joint venture or other joint relationship between the parties hereto.

Subject to the provisions of the Contract, the Contractor shall be solely responsible for the manner in which the contract is performed.

3.7 Severability

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

4.0 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, airmail post, special courier, cable, telegraph, telex, facsimile or Electronic Data Interchange (EDI) to the address of the relevant party, set out in the General Conditions of Contract, with the following provisions:

4.1.1 Any notice sent by cable, telegraph, telex, facsimile or EDI shall be confirmed within two (2)

days after despatch by notice sent by airmail post or special courier, except as otherwise specified in the Contract.

4.1.2 Any notice sent by airmail post or special courier shall be deemed (in the absence of evidence

of earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope containing such notice was properly 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 cable, telegraph, telex, facsimile or EDI shall be

deemed to have been delivered on date of its dispatch. 4.1.4 Either party may change its postal, cable, telex, facsimile or EDI address for receipt of such

notices by ten (10) 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. 5.0 GOVERNING LAW

The Contract shall be governed by and interpreted in accordance with laws of India. 6.0 ARBITRATION

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6.1 Any dispute(s) or differences(s) arising out of or in connection with the Contract shall, to the extent possible in the first instance be resolved amicably between the Contractor and the Owner's Engineer.

6.2 If at any time, any dispute or difference shall arise between the Owner and the Contractor

hereto in connection with or arising out of the Contract or the carrying out of the Contract scope (whether during the progress of such scope or after their completion and whether before or after the termination, abandonment, or breach of the Contract), which cannot be settled amicably, either party shall as soon as reasonably practicable, but not earlier than three (3) months after a request to settle the dispute amicably has been made to the other party, give notices to the other party, of its intention to commence arbitration, as hereinafter provided as to the matter in disputes and no arbitration in respect of this matter may be commenced unless such notice is given.

6.3 Any dispute in respect of which a notice of intention to commence arbitration has been given,

in accordance with GCC sub-clause 3.6.2 shall be finally settled by arbitration. Arbitration may be commenced prior to or after completion of the Facilities.

6.4 Any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed

of three arbitrators, in accordance with the provisions set forth below. 6.5 The owner and the contractor shall each appoint one arbitrator, and these two arbitrators shall

jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two arbitrators do not succeed in appointing a third arbitrator within twenty eight (28)days after the latter of the two arbitrators has been appointed, the third arbitrator shall, at the request of either party, be appointed by the Appointing Authority designated as under:-

President, Institution of Engineers (India). 6.6 If one party fails to appoint its arbitrator within forty-two (42) days after the other party has

named its arbitrator, the party which has named an arbitrator may request the Appointing Authority to appoint the second arbitrator.

6.7 The arbitration proceedings shall be conducted in accordance with "Indian Arbitration

and Conciliation Act 1996 or any statutory modification thereof. Language of the

arbitration proceedings shall be in English.

6.8 The venue of Arbitration shall be Shimla, India. The courts of Shimla shall have exclusive

jurisdiction. 6.9 The cost of arbitration shall be borne in such manner as may be specified in the award of

arbitrator. However, expenses incurred by each party in connection with the preparation, presentation etc; of its cases prior to, during and after the arbitration proceeding shall be borne by each party itself.

6.10 The decision of the Arbitrator shall be final and binding and shall be enforceable in any court of

competent jurisdiction as decree of the court. The parties thereby waive any objections to or claims of immunity from such enforcement.

6.11 The Arbitrator shall give reasoned award. 6.12 Notwithstanding any reference to the arbitration herein;

(a) The parties shall continue to perform their respective obligations under the Contract unless they otherwise agree.

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(b) The Owner shall pay the Contractor any monies due to the Contractor.

B. Subject Matter of Contract

7.0 MANNER OF EXECUTION OF CONTRACT

7.1 The contract as per proforma annexed is to be signed within twenty eight (28) days of the date

of the Letter of Award, on a date and time to be mutually agreed and at the office of the Owner unless otherwise agreed to. The Contractor shall provide for signing of the contract, appropriate Power of Attorney and the requisite documents. Till such time a formal contract is prepared and executed, the Letter of Award read in conjunction with the Contract Documents will continue to constitute a binding contract.

7.2 It is expressly understood and agreed by and between the Contractor and the Owner that the

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

8.0 CONSTRUCTION OF THE CONTRACT

The contract to be entered into with the successful Bidder shall be as under: 8.1 The contract to be entered into with the successful Bidder shall be for Ex-works supply and of

all equipment and materials including mandatory spares and for providing all services i.e. transportation for delivery at site, unloading, storage, handling at site, installation, testing and commissioning including Performance Testing in respect of all the equipment supplied and any other services specified in the contract documents.

8.2 The contract will be signed in two originals, the Contractor shall be provided with one signed

original, and the rest will be retained by the Owner. 8.3 The Contractor shall provide free of cost to the owner all the engineering data, drawing and

descriptive materials submitted with the bid, in at least three (3) copies to form a part of the contract immediately after issue of Letter of Award.

8.4 Subsequent to signing of the contract, the Contractor at his own cost shall provide the Owner

with at least twelve (12) true copies of the contract (Hard Bound) within twenty eight (28) days after signing of the contract.

9.0 SCOPE OF FACILITIES 9.1 Unless otherwise expressly limited in the Technical Specifications, the Contractor's obligations

cover the provision of all Plant and Equipment and the performance of all installation services required for the design, the manufacture (including procurement, quality assurance, construction, installation, Pre-commissioning and delivery) of the Plant and Equipment and the installation, completion, commissioning and performance testing of the facilities in accordance

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with the plans, procedures, specifications, drawings, codes and any other documents as specified in the Technical Specifications . Such specifications include, but are not limited to, the provision of supervision and engineering services, the supply of labour, materials, equipment, spare parts (as specified in GCC sub-clause 9.3 below) and accessories; contractor's equipment, construction utilities and supplies, temporary materials, structures and facilities, transportation (including, without limitation, unloading and hauling to, from and at the Site).

9.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work and/

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

9.3 In addition to the supply of Mandatory Spare Parts included in the contract, the Contractor

agree to supply spare parts required for the operation and maintenance of the facilities for the period of five (5) years operation, in the manner provided in GCC Clause 46.

10.0 TIME FOR COMMENCEMENT AND COMPLETION 10.1 The Contractor shall commence work on the facilities from the effective date for determining

time for commissioning as specified in the contract agreement and without prejudice to GCC sub-clause 29.2 hereof, the Contractor shall thereafter proceed with the facilities in accordance with the time schedule specified in Appendix 4 (Time schedule) to the contract.

10.2 The Contractor shall attain commissioning of the facilities (or of a part where a separate time

for commissioning of such parts is specified in the contract) within Eight (8) months or within such extended time to which the Contractor shall be entitled under GCC Clause 42.0 (Extension of Time for Completion) hereof.

11.0 CONTRACTOR'S RESPONSIBILITES

11.1 The Contractor shall design, manufacture (including associated purchases and/or

subcontracting), install and complete the facilities with due care and diligence in accordance with the contract.

11.2 The Contractor confirms that it has entered into this contract on the basis of a proper

examination of the data relating to the facilities provided by 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 as at the date twenty eight (28) days prior to bid submission. The contractor acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the facilities.

11.3 The Contractor shall acquire in its name all permits, approvals and/or licenses from all local,

state or national government authorities or public service undertakings that are necessary for the performance of the contract. The Contractor shall acquire all other permits, approvals, and /or licenses that are not the responsibility of the Owner under GCC sub-clause 12.3 hereof and that are necessary for the performance of the contract.

11.4 The Contractor shall comply with all laws in force where the facilities are installed and where

the installation services are carried out. The laws will include all national, provincial, municipal or other laws that affect the performance of the contract and bind 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

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resulting from the violation of such laws by the Contractor or its personnel, including the sub-contractors and their personnel, but without prejudice to GCC sub-clause 12.1 hereof.

11.5 The Contractor shall supply and make available all raw materials, utilities, lubricants,

chemicals, catalysts, other materials and facilities and shall perform all work and services of whatsoever nature required by him to properly carry out pre-commissioning, commissioning and guarantee tests.

12.0 OWNER'S RESPONSIBILITIES 12.1 The Owner shall ensure the accuracy of all information and/or data to be supplied by the Owner

to the contract except when otherwise expressly stated in the contract. 12.2 The Owner shall be responsible for acquiring and providing legal and physical possession of

the Site and access thereto and for providing possession of and access to all other areas reasonably required for the proper execution of the contract including all requisite rights of way. If the owner fails/forsees in providing the physical possession of the site the contractor shall have the right to request for extension in completion time period without any penalty.

12.3 The Owner shall acquire and pay for all permits, approvals and/or licenses from all local, state

or national government authorities or public services undertakings in the country where the Site is located which such authorities or undertaking require the Owner to obtain them in the Owner’s name, are necessary for the execution of the contract (they include those required for the performance by both the Contractor and the Owner of their respective obligation under the contract).

12.4 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 all local, state or national government authorities or public service undertakings that such authorities or undertakings required the Contractor or sub-Contractors or the personnel of the Contractor or sub-Contractor, as the case may be, to obtain.

12.5 Unless otherwise specified in the contract/ Technical Specifications or agreed upon by the

Owner, and the Contractor, the Owner shall provide sufficient, properly qualified operating and maintenance personnel to enable the Contractor to properly carry out Pre-commissioning, Commissioning and Guarantee Test, and shall perform all work and services whatsoever nature including those required by the contractor at or before the time specified in the programme furnished by the Contractor under GCC sub-clause 21.2 (Programme of Performance) hereof and in the manner thereupon specified or as otherwise agreed upon between the Owner and the Contractor.

12.6 The Owner shall be responsible for the continued operation of the Facilities after Completion,

in accordance with GCC sub-clause 27.8 and shall be responsible for facilitating the Guarantee Test(s) for the Facilities, in accordance with GCC sub-clause 28.2.

12.7 All costs and expenses involved in the performance of the obligations under this GCC Clause

12 shall be the responsibility of the Owner, save those to be incurred by the Contractor with respect to the performance of Guarantee Tests, in accordance with GCC sub-clause 28.2.

C. Payment 13.0 CONTRACT PRICE

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13.1 The Contract Price shall be as specified in Article 2 (Contract Price and Term of Payment) of the Form of Contract Agreement.

13.2 The Contract Price shall be adjusted in accordance with provisions of Appendix 2 (Price

Adjustment) to the contract agreement. 13.3 Subject to GCC sub-clause 11.2, 12.1 and 38 (Unforeseen Conditions) hereof, the Contractor

shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the contract, cover all its obligations under the contract.

14.0 TERMS OF PAYMENT

14.1 The Contract Price shall be paid as specified in Appendix-1 (Terms and Procedures of Payment)

to the contract Agreement. The procedures to be followed in making application for and progressive payments shall be those outlined in the same Appendix-1.

14.2 No payment made by the Owner herein shall be deemed to constitute acceptance by the Owner

of the Facilities or any part(s) thereof. 15.0 SECURITIES

15.1 Contract Performance Security 15.1.1 The Contractor shall, within twenty-eight (28) days of the notification of contract award,

provide a security for the due performance of the Contract for an amounting equivalent to ten percent (10%) of contract price with a validity upto ninety (90) days beyond the Defect Liability Period.

15.1.2 The security shall be in the forms of bank guarantee attached hereto in the section on Forms and Procedures, or in another form acceptable to the Owner. The security in the form of a Bank Guarantee for amounts in Indian Rupees shall be acceptable if the same is issued by any Indian Nationalized Bank/Scheduled Bank or foreign Bank notified as Scheduled Bank under the provisions of "Indian Banking Companies Regulations Act" through any of its branches in India.

15.1.3 If the Defects Liability Period has been extended on any part of the facilities pursuant to GCC

sub-clause 30.8 hereof, the Contractor shall issue an additional security in an amount proportionate to the Contract Price of that part. The security shall be returned to the Contractor immediately after its expiration, provided, however, that if the Contractor is liable for an extended warranty obligation, the performance security shall be extended for the period of twenty seven (27) months from the time such replacement/repair of the facilities or any part thereof and upto an amount proportionate to the price of that part.

15.1.4 The Performance Security will be returned to the Contractor without any interest 60 days after

successful completion of the Defects Liability Period of all the equipment supplied under the contract and on submission of no claim certificate unless otherwise specified.

15.1.5 It is expressly understood and agreed that the above Contract Performance Security is intended

to secure the performance of entire contract. It is also expressly understood and agreed that the Contract Performance security is not to be construed as limiting the damages as detailed under the Technical Specification and any other damages stipulated in other clauses in the Contract Documents.

15.2 Claims under Security

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Whether or not the Performance Security is stated by its terms to be payable on the demand of the Owner, the Owner shall not make a claim under the Performance Security unless one of the following conditions is satisfied:

a) the Contractor is in breach of the contract and fails to remedy the breach with in 42

days after receiving written notice from the Owner requiring him to do so. The notice shall state the intention to claim under Performance Security, the amount claimed and the breach relied upon, or

b) the Owner and the Contractor have agreed in writing that the amount demanded is

payable to the Owner, and the amount has not been paid within 42 days thereafter, or

c) the Owner has obtained an award in arbitration and the amount awarded has not been paid within 42 days after the award, or

d) the Contractor has gone into liquidation or is bankrupt, or e) any other reason specifying the default of the Contractor by the Owner.

In every case the Owner shall, when making the claim, send a copy to the Contractor. 16.0 TAXES AND DUTIES 16.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and pay all

taxes, duties, levies and charges assessed on the Contractor, its sub-contractor's or their employees by all municipal, state or national government authorities in connection with the facilities where the site is located.

16.2 The Owner shall also bear and pay/reimburse to the Contractor the Excise Duty, Sales Tax,

Local Tax and Octroi, in respect of direct transaction between the Owner and the Contractor imposed on the Plant and Equipment and mandatory spare parts specified in Price Schedule No.1 to be incorporated into the facilities. The owner shall issue the requisite form (Form-C) for availing concessional sale tax.

16.3 If any tax exemptions, reductions, allowances or privileges may be available to the Contractor,

the Owner shall use its best endeavors to enable the Contractor to benefit from any such tax savings to the maximum allowable extent.

16.4 The Contractor shall be responsible for payment of all duties, levies and taxes lawfully assessed

against him for his personnel income & property. 16.5 All taxes, duties and levies including sales tax on works contract (whatsoever name called), if

any, in respect of erection portion of the contract and all taxes, duties if any, as applicable on the materials used for such erection portion of the contract shall be to the Contractor's account and no separate claim in this regard will be entertained by the Owner.

16.6 As regards the income tax, surcharge on income tax and any other corporate tax, and service

tax, the Owner shall not bear any tax liability whatsoever. The Contractor shall be liable and responsible for payment of such tax, if attracted under the provisions of the law present or future and Owner will make deductions at source as applicable.

16.7 For the purpose of the contract, it is agreed that the contract price specified in Article 2

(Contract Price and Terms of Payment) of the Form of Contract Agreement is based on the taxes, duties, levies and charges prevailing at the date twenty-eight (28) days prior to the date

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of bid submission (hereinafter called "Tax" in this GCC sub-clause 16.4). If any rates of tax are increased or decreased, a new tax is introduced, an existing tax is abolished, or any change in interpretation or application of any tax occurs in the course of the performance of contract, which was or will be assessed on the Contractor, in connection with performance of the contract a equitable adjustment of the Contract Price shall be made to fully take into account any such change by addition to the contract price or deduction therefrom, as the case may be, in accordance with GCC Clause 39 (Change in Law and Regulations) hereof. However, these adjustments would be restricted to direct transactions between the Owner and the Contractor and not on procurement of raw materials, intermediary components etc. by the Contractor.

In addition, excise duty and sales tax shall be payable as per actual at the time of supply. 17.0 DEDUCTION FROM CONTRACT PRICE

17.1 All the costs, damages or expenses which the Owner may have paid for which, under the contract, the Contractor is liable, will be claimed by Owner. All such claim shall be billed by the Owner to the Contractor regularly as and when they fall due. Such bills shall be supported by appropriate and certified vouchers to the extent possible or explanations, to enable to the Contractor to properly identify such claims.

17.2 Such claims shall be paid by the Contractor within twenty eight (28) days of the receipt of the

corresponding bills and if not paid by the Contractor within the said period, the Owner may then deduct the amount from any monies due or becoming due by him to Contractor under the contract or may be recovered by action of law or otherwise, if the Contractor fails to satisfy the Owner of non- payability of such claims by the Contractor.

D. Intellectual Property

18.0 COPYRIGHT

18.1 The copyright in all drawings, documents and other materials containing data and information

furnished to the Owner by the Contractor herein shall remain vested in the Contractor or, if they are furnished to the Owner directly or through the Contractor by any third party, including suppliers of materials, the copyright in such materials shall remain vested in such third party. The Owner shall, however, be free to reproduce all drawings, documents and other material furnished to the Owner for the purpose of the contract including, if required, for operation and maintenance.

19.0 CONFIDENTIAL INFORMATION

19.1 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 documents, data or other information furnished directly or indirectly by the other party hereto in connection with the contract, whether such information has been furnished prior to, during or following termination of the contract. Notwithstanding the above, the Contractor may furnish to its sub-contractor(s), such documents, data and other information it received from the Owner to the extent required for the 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 GCC Clause19.

19.2 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 of or such other work and services as are required for the performance of the contract.

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19.3 The obligation of a party under GCC sub-clause 19.1 and 19.2 above, however, shall not apply

to that information which

a) now or hereafter enters the public domain through no fault of that party. b) can be proven to have been possessed by that party at the time of disclosure and which

was not previously obtained directly or indirectly, from the other party hereto.

c) otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

19.4 The above provisions of this GCC Clause 19 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.

19.5 The provisions of this GCC Clause 19 shall survive termination, for whatever reason, of the

contract.

E. Work Execution 20.0 REPRESENTATIVES 20.1 Engineer-in-charge

If the Engineer-in-charge is not named in the Contract, then within fourteen (14) days of the Effective Date, Owner shall appoint and notify the Contractor in writing of the name of the Engineer in-charge. The Owner may from time to time appoint some other person as the Engineer-in-charge in place of the person previously so appointed, and shall give a notice of the name of such other persons to the Contractor without delay. The Owner shall take all reasonable care to see that no such appointment is made at such a time or in such a manner as to impede the progress of work on the facilities. The Engineer-in-charge 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-in-charge 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-in-charge except as herein otherwise provided.

20.2 Contractor's Representative & Construction Manager 20.2.1 If the Contractor's Representative is not named in the Contract, then within fourteen (14) days

of the Effective Date, the Contractor shall appoint the Contractor's Representative and shall request the Owner writing to approve the person so appointed. If the Owner makes no objection to the appointment within fourteen (14) days, the Contractor’s Representative shall be deemed to have been approved. If the Owner objects to the appointment within fourteen (14) days, giving the reason therefor, then the Contractor shall appoint a replacement within fourteen (14) days of such objection, and the foregoing provisions of this GCC sub-clause 20.2.1 shall apply thereto .

20.2.2 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-in-charge all the Contractor's notices, instructions, information and all other communications under the contract.

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All notices, instructions, information and all other communications given by the Owner or the Engineer-in-charge to the Contractor under the contract shall be given to the Contractor's representative or, in its absence, its deputy, except as herein otherwise provided. The Contractor shall not revoke the appointment of the Contractor's representative without the Owners prior written consent, which shall not be unreasonably withheld. If the Owner consents thereto, the Contractor shall appoint some other person as the Contractor's representative, pursuant to the procedure set out in GCC sub-clause 20.2.1.

20.2.3 The Contractor's representative may, subject to the approval of the Owner (which shall not be unreasonably withheld), at any time delegate to any person any of the powers, functions and authorities vested in him or her. Any such delegation may be revoked at any time. Any such delegation or revocation shall be subject to a prior notice signed by the Contractor's representative and shall specify the powers, functions and authorities thereby delegated or revoked. No such delegation or revocation shall take effect unless and until a copy thereof has been delivered to the Owner and the Engineer-in-charge.

Any act or exercise by any person of powers, functions, and authorities so delegated to him or her in accordance with this GCC sub-clause 20.2.3 shall be deemed to be an act or exercise by the Contractor's Representative.

20.2.4 Notwithstanding anything stated in GCC sub-clause 20.1 and 20.2.1 above, for the purpose of

execution of contract the Owner and the Contractor shall finalise and agree to a contract coordination procedure and all the communication under the contract shall be in accordance with such contract co-ordination procedure.

20.2.5 From the commencement of installation of the facilities at the site until operational acceptance,

the Contractor's representative shall appoint a suitable person as the construction manager (hereinafter referred to as "the Construction Manager"). The Construction Manager shall supervise all work done at the site by the Contractor and shall be present at the site throughout normal working hours except when on leave, sick or absent for reasons connected with the proper performance of the contract. Whenever the Construction Manager is absent from the site, a suitable person shall be appointed to act as his or her deputy.

20.2.6 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 GCC sub-clause 25.3. The Owner shall provide evidence of the same, whereupon the Contractor shall remove such person from the facilities.

20.2.7 If any representative or person employed by the Contractor is removed in accordance with

GCC sub-clause 20.2.6, the Contractor shall, where required, promptly appoint a replacement. 21.0 WORK PROGRAMME 21.1 Contractor's Organisation

The Contractor shall supply to the Owner and the Engineer-in-charge a chart showing the proposed organization to be established by the Contractor for carrying out work on the facilities. The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the effective date. The Contractor shall promptly inform the Owner and the Engineer-in-charge in writing of any revision or alteration of such an organisation chart.

21.2 Programme of Performance

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Within twenty-eight (28) days after the date of notification of Award, the Contractor shall prepare and submit to the Engineer-in-charge a detailed program of performance of the contract, made in the form of the critical path method (CPM), the PERT Network, MS-Project or other internationally used programme and 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 so as to enable the Contractor to execute the contract in accordance with the programme and to achieve completion, commissioning and acceptance of the facilities in accordance with the contract. The programme so submitted by the Contractor shall accord with the Time Schedule included in Appendix 4 (Time Schedule) to the Contract Agreement and any other dates and periods specified in the Contract. The Contractor shall update and revise the programme as and when appropriate or when required by Engineer-in-charge, but without modification in the Times for Completion and any extension granted in accordance with GCC Clause 42, and shall submit all such revisions to the Engineer-in-charge.

21.3 Progress Report

The Contractor shall monitor progress of all the activities specified in the programme referred to in GCC sub-clause 21.2 (Programme of Performance) above and supply a progress report to the Engineer-in-charge every month during installation / erection period till handing over the facilities. The progress report shall be in a form acceptable to the Engineer-in-charge and besides indicating (a) percentage completion achieved compared with the planned percentage completion for each activity, and (b) where any activity is behind the programme, giving comments and likely consequences and stating the corrective action being taken.

21.4 Progress performance

If at any time the Contractor's actual progress falls behind the programme referred to in GCC sub-clause 21.2 (Programme of Performance), or it becomes apparent that it will so fall behind, the Contractor shall at the request of the Owner or the Engineer-in-charge prepare and submit to the Engineer-in-charge a revised programme, taking into account the prevailing circumstances, and shall notify the Engineer-in-charge of the steps being taken to expedite progress so as to attain completion of the facilities within the Time for Completion under GCC sub-clause 10.2 (Time for Commencement and Completion), any extension thereof entitled under GCC sub-clause 42.1 (Extension of Time for Completion), or any extended period as may otherwise be agreed upon between the Owner and the Contractor.

21.5 Work Procedures

The contract shall be executed in accordance with the contract documents and the procedures given in the section on Sample Forms and Procedures of the Contract Documents.

The contractor may execute the contract in accordance with its own standard project execution plans and procedures to the extent that they do not conflict with the provisions contained in the contract.

22.0 SUB-CONTRACTING

22.1 Appendix 5 (List of Approved Subcontractors) to the contract agreement specifies major items

of supply or services and a list of approved sub-contractors against each item, including vendors. Insofar as no sub-contractors are listed against any such item, the Contractor shall prepare a list of sub-contractors for such item for inclusion in such list. The Contractor may from time to time propose any addition to or deletion from any such list. The Contractor shall submit any such list or any modification thereto to the Owner for its approval in sufficient time

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so as not to impede the progress of work on the facilities. Such approval by the Owner for any of the sub-contractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the contract.

22.2 The Contractor shall select and employ its sub-contractors for such major items from those

listed in the lists referred in GCC sub-clause 22.1. 23.0 DESIGN AND ENGINEERING

23.1 Specifications and Drawings 23.1.1 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.

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-in-charge 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 the Owner.

23.1.2 The Contractor shall be entitled to disclaim responsibility for any design, data, drawing

specification or other document, or any modification thereof provided or designated by or on behalf of the Owner by giving a notice of such disclaimer to the Engineer-in-charge.

23.2 Codes and Standards

Wherever reference are made in the contract to codes and standards in accordance with which the contract shall be executed, the edition or the revised version of such codes and standards current at the date twenty-eight (28) days prior to date of bid submission shall apply unless otherwise specified. During contract execution, any changes in such codes and standards shall be applied after approval by the Owner.

23.3 Approval of Technical Documents by Engineer-in-charge 23.3.1 The Contractor shall prepare (or cause its sub-contractors to prepare) and furnish to the

Engineer-in-charge the documents specified in the Technical specification (Refer clause 20.00) for its approval and as in accordance with the requirements of GCC sub-clause 21.2 (Programme of Performance).

Any part of facilities covered by or related to the documents to be approved by the Engineer-in-charge shall be executed only after the Engineer-in-charge's approval thereof.

GCC sub-clause 23.3.2 through 23.3.7 shall apply to those documents requiring the Engineer-in-charge approval but not to those furnished to the Engineer-in-charge for its review only.

23.3.2 Within twenty-eight (28) days after receipt by the Engineer-in-charge of any document

requiring the Engineer-in-charge's approval in accordance with GCC sub-clause 23.3.1 the Engineer-in-charge 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-in-charge proposes.

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23.3.3 The Engineer-in-charge 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.

23.3.4 If the Engineer-in-charge disapproves the document, the Contractor shall modify the document

and resubmit it for the Engineer-in-charge's approval in accordance with GCC sub-clause 23.3.2. If the Engineer-in-charge approves the document subject to modification(s), the Contractor shall make the required modification(s), and upon resubmission with the required modifications the document shall be deemed to have been approved.

The procedure for submission of the documents by the Contractor and their approval by the Engineer-in-charge shall be discussed and finalised with the Contractor.

23.3.5 The Engineer-in-charge's approval, with or without modification of the document furnished by the Contractor, shall not relieve the Contractor of any responsibility or liability imposed upon it by any provisions of the contract except to the extent that any subsequent failure results from modifications required by the Engineer-in-charge.

23.3.6 The Contractor shall not depart from any approved document unless the Contractor has first

submitted to the Engineer-in-charge an amended document and obtained the Engineer-in-charge's approval thereof, pursuant to the provisions of this GCC sub-clause 23.3.

If the Engineer-in-charge requests any change in any already approved document and/or in any document based thereon, the bidder shall accept to such request.

24.0 PROCUREMENT

24.1 Plant and Equipment The Contractor shall manufacture and transport all the Plant and equipment in an expeditious and orderly manner to the Site.

24.2 Transportation

24.2.1 The Contractor shall at its own risk and expense transport all the Plant and Equipment and the Contractor's equipment to the Site by the mode of transport that the Contractor judges most suitable under all the circumstances.

24.2.2 Unless otherwise provided in the contract the Contractor shall be entitled to select any safe

mode of transport operated by any person to carry the Plant and Equipment and the Contractor's equipment.

24.2.3 Upon dispatch of each shipment of the Plant and Equipment and the Contractor's equipment,

the Contractor shall notify the Owner by telex, cable, facsimile or electronic data Interchange (EDI) of the description of the Plant and Equipment and of the Contractor's Equipment, the point and means of dispatch, and the estimated time and point of arrival at the Site. The Contractor shall furnish the Owner with relevant shipping documents to be agreed upon between the parties.

24.2.4 The Contractor shall be responsible for obtaining, if necessary, approvals from the authorities

for transportation of the Plant and Equipment and the Contractor's Equipment to the Site. The Owner shall use its best endeavours in 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 Owner 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 and the Contractor's Equipment to the Site.

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24.2.5 Upon receipt of plant and equipment at site, the contractor shall inspect the same visually and

notify the Engineer- in-Charge of any detected shortage, defect or default. The contractor shall remedy any shortage, defect, or default and shall hand over the plant and equipment to the representative of the Owner for storage and safe custody.

25.0 INSTALLATION

25.1 Setting Out/Supervision/Labour

25.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out of the

facilities in relation to reference marks and lines provided to it in writing by or on behalf of the Owner.

If, at any time during the progress of installation of the facilities, any error shall appear in the position, level or alignment of the facilities, the Contractor shall forthwith notify the Engineer-in-charge of such error and at its own expense, immediately rectify such error to the reasonable satisfaction of the Engineer-in-charge. If such error is based on incorrect data provided in writing by or on behalf of the Owner, the expense of rectifying the same shall be borne by the Owner.

25.1.2 Contractor's Supervision: The Contractor shall give or provide all necessary superintendence

during the installation of the facilities, and the Construction Manager or its deputy shall be constantly on the Site to provide fulltime superintendence of the installation. The Contractor shall provide and employ technical personnel who are skilled and experienced in their respective professions and supervisory staff who are competent to adequately supervise the work at hand.

The owner shall provide the base channels for all the switchboards and pillar boxes based on the approved foundation drawings.

25.1.3 Labour:

a) 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. The Contractor is encouraged to use local labour that has the necessary skills.

b) Unless otherwise provided in the contract, the Contractor shall be responsible for the

recruitment, transportation accommodation and catering of all labour, local, required for the execution of the contract and for all payments in connection therewith.

c) The Contractor shall be responsible for obtaining all necessary permit(s) from the appropriate authorities for the entry of all labour and personnel to be employed on the Site.

d) 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 and the labour of its sub-contractors.

e) The Contractor shall, in all dealings with its labour and the labour of its sub-contractors

currently employed on or connected with the contract, pay due regard to all recognised festivals, official holidays, religious or other customs and all local laws and regulations pertaining to the employment of labour.

25.2 Contractor's Equipment

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25.2.1 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-in-charge's consent that such Contractor's equipment is no longer required for the execution of the contract.

25.2.2 Unless otherwise specified in the contract, upon completion of the facilities, the Contractor

shall remove from the Site all equipment brought by the Contractor onto the Site and any surplus materials remaining thereon.

25.3 Site Regulations and Safety

The Owner and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the contract at the Site and shall comply therewith. The Contractor shall prepare and submit to the Owner, with a copy to the Engineer-in-charge proposed Site regulations for the Owner's approval, which approval shall not be unreasonably withheld. Such Site regulations shall include, but shall not be limited to rules in respect of security, safety of the facilities, gate control, sanitation, medical care, and fire prevention.

25.4 Opportunities for other Contractors

25.4.1 The Contractor shall, upon written request from the Owner or the Engineer-in-charge, give all reasonable opportunities for carrying out the work to any other Contractors employed by the Owner on or near the Site.

25.4.2 If the Contractor, upon written request from the Owner or the Engineer-in-charge makes

available to other Contractors any roads or ways the maintenance for which the Contractor is responsible permits the use by such other Contractor of the Contractor's equipment, or provides any other services of whatsoever nature for such other Contractors, the Owner shall fully compensate the Contractor for any loss or damage caused or occasioned by such other Contractor in respect of any such use or service, and shall pay to the Contractor reasonable remuneration for the use of such equipment or the provision of such services .

25.4.3 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 -in-charge shall determine the resolution of any difference or conflict that may arise between the Contractor and other Contractor and the workers of the Owner in regard to their work.

25.4.4 The Contractor shall notify the Engineer-in-charge promptly of any defects in the other Contractors works that come to its notice, and that could affect the Contractor's work. The Engineer-in-charge shall determine the corrective measures, if any, required to rectify the situation after inspection of the facilities. Decisions made by the Engineer-in-charge shall be binding on the Contractor.

25.5 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 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

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work that the Contractor was liable to do at its own expense under 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.

25.6 Site Clearance 25.6.1 Site clearance in course of performance:

In the course of carrying out the contract, the Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site and remove any Contractor's equipment no longer required for execution of the contract.

25.6.2 Clearance of Site after completion:

After completion of all parts of the facilities, the Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the Site and shall leave the Site and facilities clean and safe.

25.7 Watching and Lighting

The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the facilities, or for the safety of the Owners and occupiers of adjacent property and for the safety of the public.

25.8 Work at Night and on Holidays 25.8.1 Unless otherwise provided in the contract, no work shall be carried out during the night and on

public holidays where the Site is located without prior written consent of the Owner, except where work is necessary or required to ensure safety of the facilities or for the protection of life, or to prevent loss or damage to property, when the Contractor shall immediately advise the Engineer-in-charge provided that provisions of this GCC Sub-clause 25.8.1 shall not apply to any work which is customarily carried out by rotary or double-shifts.

25.8.2 Notwithstanding GCC Sub-clause 25.8.1 or 25.1.3 if and when the Contractor considers it

necessary to carry out work at night or on public holidays so as to meet the time for completion and requests the Owners consent thereto, the Owner shall not unreasonably withhold such consent.

26.0 TEST AND INSPECTION 26.1 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.

26.2 The Owner and the Engineer-in-charge or their designated representatives shall be entitled to

attend the aforesaid test and/or inspection. The Contractor shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling, boarding and lodging expenses. The contractor shall include all the costs and expenses for such an inspection in his bid. The representative of the owner Two (2) persons shall be entitled for Traveling by Air or Shatabdi Express / Deluxe Bus (as applicable).

26.3 Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor

shall give a twenty eight (28) days notice of such test and/or inspection and of the place and

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time thereof to the Engineer-in-charge. The Contractor shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner and the Engineer-in-charge (or their designated representatives) to attend the test and or inspection. The Contractor shall provide the Engineer-in-charge with a certified report of the results of any such test and/or inspection.

26.4 The owner may exercise option for Third Party Inspection. 26.5 If the Owner or Engineer-in-charge (or their designated representatives) fails to attend the test

and/or inspection, or if it is agreed between the parties that such persons shall not do so, then the Contractor may proceed with the test and/or inspection in the absence of such persons, and may provide the Engineer-in-charge with a certified report of the results thereof.

26.6 The Engineer-in-charge may require the Contractor to carry out any test and/or inspection not

required by the contract, provided that the Contractor's reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the contract price. Further, if such test and/or inspection impede the progress of work on the facilities and/or the Contractor's performance of its other obligations under the contract, due allowance will be made in respect of the Time for completion and the other obligations so affected.

26.7 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 GCC sub-clause 26.3. The cost incurred by the Owner for witnessing such tests shall be borne by the contractor.

26.8 The Contractor shall afford the Owner and the Engineer-in-charge 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 in order to inspect the progress and the manner of manufacture or installation, provided that the Engineer-in-charge shall give the Contractor a reasonable prior notice.

26.9 The Contractor agrees that neither the execution of a test and/or inspection of Plant and

equipment or any part of the facilities, nor the attendance by the Owner or the Engineer-in-charge, nor the issue of any test certificate pursuant to GCC sub-clause 26.4, shall release the Contractor from any other responsibilities under the contract.

26.10 No part of the facilities or foundations shall be covered up on the Site without the Contractor

carrying out any test and/ or inspection required under the contract. The Contractor shall give a reasonable notice to the Engineer-in-charge whenever any such part of the facilities or foundations are ready or about to be ready for test and/or inspection; such test and/or inspection and notice thereof shall be subject to the requirements of the contract.

26.11 The Contractor shall uncover any part of the facilities or foundations, or shall make openings in

or through the same as the Engineer-in-charge may from time to time require at the Site and shall reinstate and make good such part or parts.

If any part of the facilities or foundations have been covered up at the Site after compliance with the requirement of GCC sub-clause 26.10 and are found to be executed in accordance with the contract, the expenses of uncovering making openings in or through, reinstating, and making good the same shall be borne by the Owner, and the Time for completion shall be reasonably adjusted to the extent that the Contractor has thereby been delayed or impeded in the performance of any of its obligations under the contract.

27.0 COMPLETION OF THE FACILITIES

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27.1 As soon as the facilities or any part thereof has, in the opinion of the Contractor, been completed operationally and structurally and put in a tight and clean condition as specified in the Technical Specifications, excluding minor items not materially affecting the operation or safety of the facilities, the Contractor shall so notify the Owner in writing.

27.2 Within seven (7) days after receipt of the notice from the Contractor under GCC sub-clause

27.1, the Owner shall supply the operating and maintenance personnel to the Contract Agreement for Pre-commissioning of the facilities or any part thereof.

27.3 As soon as reasonably practicable after the operating and maintenance personnel have been

provided by the Owner the Contractor shall commence pre-commissioning of the facilities or the relevant part thereof in preparation for commissioning.

27.4 As soon as all works in respect of Pre-commissioning are completed and, in the opinion of the

Contractor, the facilities or any part thereof is ready for commissioning, the Contractor shall commence commissioning (Trial operation) as per procedures stipulated in technical specifications and as soon as commissioning is satisfactorily completed, the Contractor shall so notify the Engineer-in-charge in writing.

27.5 The Engineer-in-charge shall within fourteen (14) days after receipt of the Contractor's notice

under GCC sub-clause 27.4 either issue a completion certificate in the form specified in the Forms and Procedures section in the Bid Documents, stating that the facilities or that part thereof have reached completion as at the date of the Contractor's notice under GCC sub-clause 27.4 or notify the Contractor in writing of any defects and/or deficiencies.

If the Engineer-in-charge notifies the Contractor of any defects and/or deficiencies, the Contractor shall then correct such defects and/or deficiencies, and shall repeat the procedure described in GCC sub-clause 27.4.

If the Engineer-in-charge is satisfied that the facilities or that part thereof have reached completion, the Engineer-in-charge shall, within seven (7) days after receipt of the Contractor's repeated notice, issue a completion certificate stating that the facilities or that part thereof have reached completion as at the date of the Contractor's repeated notice.

If the Engineer-in-charge is not so satisfied, then it shall notify the Contractor in writing of any defects and / or deficiencies within seven (7) days after receipt of the Contractor's repeated notice, and the above procedure shall be repeated.

27.6 If the Engineer-in-charge fails to issue the completion certificate and fails to inform the

Contractor of any defects and/or deficiencies within fourteen (14) days after receipt of the Contractor's notice under GCC sub-clause 27.4 or within seven (7) days after receipt of the Contractor's repeated notice under GCC sub-clause 27.5, or of the Owner makes use of the facilities or part thereof, then the facilities or that part thereof shall be deemed to have reached completion as of the date of the Contractor's notice or repeated notice, or as of the Owner's use of the facilities, as the case may be.

27.7 As soon as possible after completion, the Contractor shall complete all outstanding minor items

so that the facilities are fully in accordance with the requirements of the contract, failing which the Owner will undertake such completion and deduct the costs thereof from any monies owing to the Contractor.

27.8 Upon completion and handing over the facilities or the relevant part thereof, by the Contractor

to the Owner, the owner shall be responsible for the care and custody of the facilities or the relevant part thereof.

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28.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE 28.1 Commissioning: - 28.1.1 Commissioning (Trial Operation) of the facilities or any part thereof shall be completed by the

Contractor as per procedures detailed in technical Specifications. The Owner shall unless otherwise specified in technical specifications provide the operating & maintenance personnel required for commissioning.

28.2 Guarantee Test: -

28.2.1 The guarantee test (and repeats thereof) shall be conducted by the Contractor after

commissioning of the facilities or the relevant part thereof to ascertain whether the facilities or the relevant part can attain the functional guarantees specified in the contract documents. The Contractor’s and Engineer-in-charge’s advisory personnel shall attend the guarantee test. The Owner shall promptly provide the Contractor with such information as the Contractor may reasonably require in relation to the conduct and results of the guarantee test (and any repeats thereof).

28.2.2 If for reasons not attributable to the Contractor, the guarantee test of the facilities or the

relevant part thereof cannot be successfully completed within 12 months from the date of commissioning or any other period agreed upon by the Owner and the Contractor, the Contractor shall be deemed to have fulfilled its obligations with respect to the functional guarantees, and GCC sub-clause 31.2 shall not apply.

28.3 Operational Acceptance: -

28.3.1 The operational Acceptance shall occur in respect of the facilities or any part thereof when

a) the guarantee test has been successfully completed and the functional guarantees are met; or

b) the guarantee test has not been successfully completed or has not been carried out for

reasons not attributable to the Contractor within the period from the date of completion specified or any other agreed upon period as specified in GCC sub-clause 28.2.2 above, but successful commissioning of the facilities has been achieved ; or

c) any minor items mentioned in GCC sub-clause 27.7 hereof relevant to the facilities or

that part thereof have been completed. 28.3.2 At any time after any of the events set out in GCC sub-clause 28.3.1 have occurred, the

Contractor may give a notice to the Engineer-in-charge requesting the issue of an Operational Acceptance Certificate in the form provided in the Bid Documents or in another form acceptable to the Owner in respect of the facilities or the part thereof specified in such notice as at the date of such notice.

28.3.3 The Engineer-in-charge shall, after consultation with the Owner, and within fourteen (14 days)

after receipt of the Contractor's notice, issue an Operational Acceptance Certificate. 28.3.4 If within fourteen (14 days) days after receipt of the Contractor's notice, the Engineer-in-charge

fails to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the justifiable reasons why the Engineer-in-charge has not issued the Operational Acceptance Certificate, the facilities or the relevant part thereof shall be deemed to have been accepted as at the date of the Contractor's said notice.

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F. Guarantee and Liability

29.0 COMPLETION TIME GUARANTEE 29.1 The Contractor guarantees that it shall attain commissioning of the facilities within the Time

for Completion specified in the Contract pursuant to GCC sub-clause 10.2 or within such extended time to which the Contractor shall be entitled under GCC Clause 42.0 (Extension of Time for completion) hereof.

29.2 If Contractor fails to attain completion of the facilities or any part thereof within the Time for

Completion or any extension thereof under GCC Clause 42.0 (Extension of Time for Completion), the Contractor shall pay to the Owner liquidated damages in the amount computed @ one half percent (0.5%) of the contract price per week. The aggregate amount of such liquidate damages shall in no event exceed five (5%) percent of the contract price. Once the "Maximum" is reached, the Owner may consider termination of the contract, pursuant to GCC sub-clause 44.2.2.

Such payment shall completely satisfy the Contractor's obligation to attain completion of the facilities or the relevant part thereof within the Time for Completion or any extension thereof under GCC Clause 42.0 (Extension of Time for Completion). The Contractor shall have no further liability whatsoever to the Owner in respect thereof.

However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the facilities or from any other obligations and liabilities of the Contractor under the contract.

Save for liquidated damages payable under this GCC sub-clause 29.2, the failure by the Contractor to attain any milestone or other act, matter or thing by any date specified in Appendix 4(Time Schedule to the Contract Agreement and/or other programme of work prepared pursuant to GCC Clause 21.2 (Programme of Performance) shall not render the Contractor liable for any loss or damage thereby suffered by the Owner.

29.3 No bonus shall be given for earlier completion of facilities or part thereof. 30.0 DEFECT LIABILITY 30.1 The Contractor warrants that the facilities or any part thereof shall be free from defects in the

design, engineering, materials and workmanship of the plant and equipment supplied and of the work executed.

30.2 The Defect Liability Period shall be twenty four (24) months from the date of Operational

Acceptance of the facilities (or any part thereof) unless specified otherwise in the contract.

If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant and equipment supplied or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Owner regarding appropriate remedying of the defects, and at its cost, repair, replace or other wise make good (as the Contractor shall, at its discretion, determine) such defect as well as any damage to the facilities caused by such defect. The Contractor shall not be responsible for the repair, replacement or making good of any defect or of any damage to the facilities arising out of or resulting from any of the following causes: -

a) improper operation or maintenance of the facilities by the Owner.

b) operation of the facilities outside specifications provided in the contract.

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c) normal wear and tear. 30.3 The Contractor's obligations under this GCC Clause 30 shall not apply to: -

a) any designs, specifications or other data designed, supplied or specified by or on behalf of the Owner or any matters for which the Contractor has disclaimed responsibility herein.

b) any other materials supplied or any other work executed by or on behalf of the Owner

except for the work executed by the Owner under GCC sub-clause 30.7. 30.4 The Owner shall give the Contractor a notice stating the nature of any such defect together with

all available evidence thereof, promptly following the discovery thereof. The Owner shall afford all reasonable opportunity for the Contractor to inspect any such defect.

30.5 The Owner shall afford the Contractor all necessary access to the facilities and the Site to

enable the Contractor to perform its obligations under this GCC Clause 30.0. The Contractor may, with the consent of the Owner, 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.

30.6 If the repair, replacement or making good is of such a character that it may affect the efficiency

of the facilities or any part thereof, the 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 in character shall in any case be not less than what has already been agreed upon by the Owner and the Contractor for the original equipment/part of the facilities.

30.7 If the Contractor fails to commence the work necessary to remedy such defect or any damage to

the facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days the Owner may, following notice to the Contractor, proceed to do such work and the reasonable costs incurred by the Owner in connection therewith shall be paid to the Owner by the Contractor or may be deducted by the Owner from any monies due to the Contractor or claimed under the Performance Security.

30.8 If 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.

30.8.1 Upon correction of the defects in the facilities or any part thereof by repair/replacement, such

repair/replacement shall have the Defect Liability Period extended by a period of twenty four (24) months from the time of such replacement/repair of the facilities or any part thereof.

30.8.2 At the end of the Defect Liability Period, the Contractor's Liability ceases except for latent

defects. The Contractor's liability for latent defects warranty shall be limited to a period of five (5) years from the end of Defect Liability Period. For the purpose of this clause, the latent defects shall be the defects inherently lying within the material or arising out of design deficiency which do not manifest themselves during the Defect Liability Period in this GCC clause 30, but later.

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30.9 Except as provided in GCC Clause 30 and 36 (Loss of or Damage to property/ Accident or Injury to Workers Indemnification) the Contractor shall be under no liability whatsoever and howsoever arising and whether under the Contract or at law, in respect of defects in the facilities or any part thereof, the Plant and equipment, design or engineering or work executed that appear after completion of the facilities or any part thereof except where such defects are the result of the gross negligence, fraud, criminal or willful action of the Contractor.

31.0 FUNCTIONAL GUARANTEES 31.1 The Contractor guarantees that during the guarantee test the facilities and all parts thereof shall

attain the functional Guarantees specified in Appendix 6 (Functional Guarantees) to the Contract Agreement, subject to and upon the conditions therein specified.

31.2 If, for reasons attributable to the Contractor, the guaranteed level of the Functional Guarantees

specified in contract are not met either in whole or in part, the Contractor shall at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet at least the minimum level of such Guarantees. The Contractor shall notify the Owner upon completion of the necessary changes, modifications and/or additions and shall request the Owner to repeat the Guarantee Test until the guaranteed level of the Guarantees has been met. If the Contractor eventually fails to meet the minimum level of Functional Guarantees, the Owner may consider termination of the contract, and recover the payments already made to be Contractor.

31.3 If, for reason attributable to the contractor, the Functional Guarantees specified in the contract

are not attained either in whole or in part, but the minimum level of the Functional Guarantees specified in Appendix 8 (Functional Guarantees) to the contract, the Contractor shall, at the Owner option, either

a) make such changes, modifications, and/or additions to the facilities or any part thereof that are

necessary to attain the Function Guarantees at its cost and expense within a mutually agreed time, and shall request the Owner to repeat the Guarantee Test or,

b) pay liquidated damages to the Owner in respect of the failure to meet the Function Guarantees in accordance with provision in Appendix 8 (Functional Guarantees) to the contract.

31.4 In case of Owner exercises its option to accept the Equipment after levy of liquidated damages,

the payment of liquidated damages under GCC sub- clause 31.3 up to limitation of liability specified in the Appendix 8 (Functional Guarantees) to the contract, shall completely satisfy the Contractor’s Guarantees under GCC sub- clause 31.3 and the Contractor shall have a further liability whatsoever to the Owner in respect thereof. Upon the payment of such liquidated damages by the Contractor, the Engineer-in-charge shall issue the operational Acceptance certificate for the facilities or any part thereof in respect of which the liquidated damages have been so paid.

32.0 PATENT INDEMNITY 32.1 Royalties and fees for patents covering materials, articles apparatus, devices, equipment or

processes used in the works shall deemed to have been included in the contract. The Contractor shall, subject to the Owner's compliance with GCC sub-clause 32.2 indemnify and hold harmless the Owner 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 Owner may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the contract by reason of the installation of the facilities by the Contractor or the use of the facilities.

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Such indemnity shall not cover any use of the facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the contract, any infringement resulting from the use of the facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, plant or materials not supplied by the Contractor pursuant to the Contract.

In the event any apparatus or equipment, or any part thereof furnished by the Contractor, is in such suit or proceedings held to constitute infringement, and its use is prohibited, the Contractor shall at his option and at his own expense either procure for the Owner the right to continue use of said apparatus, equipment or part thereof, replace it with non-infringing apparatus or equipment or modify it so that it becomes non-infringing.

32.2 If any proceedings are brought or any claim is made against the Owner arising out of the matters referred to in GCC sub-clause 32.1, 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. Unless the Contractor has so failed to notify the Owner within the twenty eight (28) days period, the Owner shall make no admission that may be prejudicial to the defense of any such proceedings or claim.

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 reasonable expenses incurred in so doing.

32.3 The Owner shall indemnify and hold harmless the Contractor and its employees, officers and

sub-contractors 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, trade mark, 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, specifications, or other documents or materials provided or designed by or on behalf of the Owner.

33.0 LIMITATION OF LIABILITY 33.1 Except in cases of criminal negligence or willful 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, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages to the Owner and

b) the aggregate liability of the Contractor to the Owner whether under the contract, in tort

or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Owner with respect to patent infringement .

G. Risks Distribution

34.0 TRANSFER OF OWNERSHIP

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34.1 Ownership of the plant and equipment (including spare parts) shall be transferred to the Owner

when the plant and equipment are loaded on to the mode of transfer to be used to convey the plant and equipment from the works to the site and upon endorsement of the despatch documents in favour of Owner.

34.2 Ownership of the Contractor's equipment used by the Contractor and its sub-contractor's in

connection with the contract shall remain with the Contractor or its sub-contractors. 34.3 Ownership of any plant and equipment in excess of the requirements for the facilities shall

revert to the Contractor upon completion of the facilities or at such earlier time when the Owner and the Contractor agree that the plant and equipment in question are no longer required for the facilities provided quantity of any plant and equipment specifically stipulated in the contract shall be the property of the Owner whether or not incorporated in the facilities.

34.4 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 GCC Clause 35 (Care of Facilities) hereof until commissioning of the facilities or the part thereof in which such plant and equipment are incorporated.

35.0 CARE OF FACILITIES 35.1 The Contractor shall be responsible for the care and custody of the facilities or any part thereof

until the date of Commissioning of the facilities pursuant to GCC Clause 28.1 (Commissioning of the Facilities) or where the contract provides for commissioning of the facilities in parts, until the date of Commissioning of the relevant part, and shall make good at its own cost any loss or damage that may occur to the facilities or the relevant part thereof from any cause whatsoever during such period. The Contractor shall also be responsible for any loss or damage to the facilities caused by the Contractor or its sub-contractors in the course of any work carried out , pursuant to GCC clause 30 (defect liability) . 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 paragraph (a) (b) and (c) of GCC sub-clauses 35.2 and 41.1.

35.2 If any loss or damage occurs to the facilities or any part thereof or to the Contractor's temporary

facilities by reason of

a) nuclear reaction, nuclear radiation, radioactive contamination, pressure wave caused by aircraft or other aerial objects, or any other occurrences that an experienced Contractor could not reasonably foresee, or if reasonably foreseeable could not reasonably make provision for or insure against, insofar as such risks are not normally insurable on the insurance market and are mentioned in the general exclusions of the policy of insurance, including War Risks and Political Risks, taken out under GCC Clause 37 (Insurance) hereof.

b) any use or occupation by the Owner or any third party (other than a sub-contractor)

authorized by the Owner of any part of the facilities.

c) any use of or reliance upon any design, data or specification provided or designated 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, and will pay to the Contractor the replacement value of all temporary facilities and all parts thereof lost,

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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. If the Owner does not request the Contractor in writing to make good any loss or damage to the facilities thereby occasioned, the Owner shall either request a change in the facilities and 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 GCC sub-clause 44.1 (Termination for Owner's convenience) hereof, except that the Contractor shall have no entitlement to profit under paragraph(s) of GCC sub-clause 44.1.3 in respect of any unexecuted facilities as at the date of termination.

35.3 The Contractor shall be liable for any loss of or damage to any Contractor's equipment, or any

other property of the Contractor used or intended to be used for purposes of the facilities, except (i) as mentioned in GCC sub-clause 35.2 (with respect to the Contractor's temporary facilities) and (ii) where such loss or damage arises by reason of any of the matters specified in GCC sub-clause 35.2(b) and (c) and 41.1.

35.4 With respect to any loss or damage caused to the facilities or any part thereof or to the

Contractor's equipment by reason of any of the matters specified in GCC sub-clause 41.1 and provision of GCC sub-clause 41.3 shall apply.

36.0 LOSS OF OR DAMAGE TO PROPERTY; ACCIDENT OR INJURY TO WORKERS;

INDEMNIFICATION 36.1 Subject to GCC sub-clause 36.3 the Contractor shall indemnify and hold harmless the Owner

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 , 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 sub-contractors, or their employees, officers or agents, except any injury, death or property damage caused by the negligence of the Owner, its Contractors, employees, officers or agents.

36.2 If any proceedings are brought or any claim is made against the Owner that might subject the

Contractor to liability under GCC sub-clause 36.1 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. Unless the Contractor has so failed to notify the Owner within the twenty-eight (28) days period the Owner shall make no admission that may be prejudicial to the defense of any such proceedings or claim.

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 reasonable expenses incurred in so doing.

36.3 The Owner shall indemnify and hold harmless the Contractor and its employees, officers and

sub-contractors from any liability for loss of or damage to property of the Owner, other than the facilities not yet taken over, that is caused by fire, explosion or any other perils, in excess of the amount recoverable from insurances procured under GCC Clause 37 (Insurances), provided that such fire, explosion or other perils were not caused by any act or failure of the Contractor.

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36.4 The party entitled to the benefit of an indemnity under this GCC Clause 36 shall take all

reasonable measures to mitigate any loss or damage which has occurred. If the party fails to take such measures, the other party's liabilities shall be correspondingly reduced.

37.0 INSURANCE 37.1 To the extent specified in Appendix 3 (Insurance Requirements) to the contract Agreement, the

Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the contract, the insurances set forth below in the sums and with the deductibles and other conditions specified in the said Appendix. The identity of the insurers and the form of the policies shall be subject to the approval of the Owner, who should not unreasonably withhold such approval.

a) Cargo Insurance During Transport

Covering loss or damage occurring while in transit from the Contractor's or sub-contractor's works or stores until arrival at the Site, including unloading to the plant and equipment (including spare parts therefor) and to the contractor's equipment.

b) Installation All Risks Insurance

Covering physical loss or damage to the facilities at the Site, occurring prior to completion of the facilities, with an extended maintenance coverage for the Contractors liability in respect of any loss or damage occurring during the Defect Liability Period while the Contractor is on the Site for the purpose of performing its obligations during the Defect Liability Period.

c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Owner's personnel) and loss of or damage to property occurring in connection with the supply and installation of the facilities.

d) Automobile Liability Insurance

Covering use of all vehicles used by the Contractor or its sub-contractors (whether or not owned by them) in connection with the execution of the contract.

e) Worker's Compensation

In accordance with the statutory requirements applicable where the contract or any part thereof is executed.

f) Owner's Liability

In accordance with the statutory requirements applicable where the contract or any part thereof is executed.

g) Other Insurances

Such other insurances as may be specifically agreed upon by the parties hereto as listed in the said Appendix 3.

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37.2 The Owner shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC sub-clause 37.1 except for the Third Party Liability, Worker's compensation and Owner's Liability insurances, and the Contractor's sub-contractors shall be named as co-insured under all insurance policies taken out by the Contractor pursuant to GCC sub-clause 37.1 except for the Cargo Insurance During Transport Worker's compensation and Owner's Liability insurances. All insurer's rights of subrogation against such co-insured for losses or claims arising out of the performance of the contract shall be waived under such policies.

37.3 The Contractor shall, in accordance with the provisions of Appendix 3 (Insurance

Requirements) to the Contract Agreement, deliver to the Owner the certificates of insurance (or copies of the insurance policies) as evidence that the required policies are in full force and effect. The certificates shall provide that no less than twenty-one (21) days notice shall be given to the Owner by insurers prior to cancellation or material modification of a policy.

37.4 The Contractor shall ensure that, where applicable, its sub-contractor(s) shall take out and

maintain in effect adequate insurance policies for their personnel and vehicles and for work executed by them under the contract, unless such sub-contractors are covered by the policies taken out by the Contractor.

37.5 If the Contractor fails to take out and/or maintain in effect the insurances referred to in GCC

sub-clause 37.1 the Owner may take out and maintain in effect any such insurances and may from time to time deduct from any amount due to the Contractor under the contract any premium that the Owner shall have paid to the insurer, or may otherwise recover such amount as a debt due from the Contractor.

37.6 Unless otherwise provided in the contract, the Contractor shall prepare and conduct all and any

claims made under the policies affected by it pursuant to this GCC Clause 37, and the monies payable by any insurers shall be paid to the Contractor as per the procedure outlined in the sub-clause 37.8. The Owner shall give to the Contractor all such reasonable assistance as may be required by the Contractor. With respect to insurance claims in which the Owner's interest is involved, the Contractor shall not give any release or make any compromise with the insurer without the prior written consent of the Owner. With respect to insurance claims in which the contractor's interest is involved, the Owner shall not give any release or make any compromise with the insurer without the prior written consent of the Contractor.

37.7 The procedure for appropriation and disbursement of insurance proceeds shall be:

In respect of insurance proceeds/claim settlements relating to claims preferred by the Contractor, the Owner shall give from time to time, written authorisation to the underwriter (s) to directly pay such proceeds/settlements to the Contractor as are in accordance with the provisions hereunder:

i) Wherever, total damage, loss of equipment/material would occur, the Contractor will

be entitled to payment of all payments received from the underwriters except the following amounts: -

a) the amount paid to the Contractor under the contract in respect of

equipment/material damaged/lost (excluding the pro-rata initial advance) but including the entire amount of escalation, if any, already paid to the Contractor

b) Duties and taxes which have already been paid by the Owner. Subsequent

payments, if any, due under the contract shall be regulated by the relevant terms of payment.

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In the event of the claim money settled, is less than the total of the amount in a & b above, then the entire claim money settled will be retained by the Owner and the Contractor will forthwith pay the Owner the short fall amount between the claim money and the total of amounts as per a & b mentioned above Subsequent payments, if any, due under the contract shall be regulated by the relevant terms of payment.

ii) In case of damage to any equipment/material during any stage, the Contractor upon rectification of the damaged equipment to the satisfaction of the Owner shall be paid to the extent of full claims settled by the underwriters.

38.0 UNFORESEEN CONDITIONS 38.1 If, during the execution of the contract, the Contractor shall encounter on the Site any physical

conditions (other than climatic conditions) or artificial obstructions that could not have been reasonably foreseen prior to the date of the contract agreement by an experienced Contractor on the basis of reasonable examination of the data relating to the facilities (including any data as to boring tests) provided by the Owner, and on the basis of information that it could have obtained from a visual inspection of the Site (if access thereto was available) or other data readily available to it relating to the facilities and if the Contractor determines that it will in consequence of such conditions or obstructions incur additional cost and expense or require additional time to perform its obligations under the contract that would not have been required if such physical conditions or artificial obstructions had not been encountered, the Contractor shall promptly, and before performing additional work or using additional plant and equipment or Contractor's Equipment, notify the Engineer-in-charge in writing of: -

a) the physical conditions or artificial obstructions on the Site that could not have been

reasonably foreseen.

b) the additional work and/or Plant and equipment and/or Contractor's Equipment required including the steps which the Contractor will or proposes to take to overcome such conditions or obstructions.

c) the extent of the anticipated delay. d) the additional cost and expense that the Contractor is likely to incur.

On receiving any notice from the Contractor under this GCC sub-clause 38.1, the Engineer-in-charge shall promptly consult with the Owner and Contractor and decide upon the actions to be taken to overcome the physical conditions or artificial obstructions encountered. Following such consultations the Engineer-in-charge shall instruct the Contractor, with a copy to the Owner, of the actions to be taken.

38.2 Any reasonable additional cost and expense incurred by the Contractor in following the

instructions from the Engineer-in-charge to overcome such physical conditions or artificial obstructions referred to in GCC sub-clause 38.1, shall be paid by the Owner to the Contractor as an addition to the contract price.

38.3 If the Contractor is delayed or impeded in the performance of the contract because of any such

physical conditions or artificial obstructions referred to in GCC sub-clause 38.1 the Time for Completion shall be extended in accordance with GCC Clause 42 (Extension of Time for Completion).

39.0 CHANGES IN LAWS AND REGULATIONS

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39.1 If, after the date twenty-eight (28) days prior to the date of Bid submission, 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 and/or the Time for Completion, the Contract Price shall be correspondingly increased or decreased, and/or the Time for Completion shall be reasonably adjusted to the extent that the Contractor has thereby been affected in the performance of any of its obligations under the contract. Notwithstanding the foregoing, such additional or reduced costs shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where applicable, in accordance with the Appendix 2 to the Contract Agreement. However, these adjustments would be restricted to direct transactions between the Owner and the Contractor and not on procurement of raw materials, intermediary components etc. by the Contractor.

40.0 FORCE MAJEURE

40.1 " Force Majeure " shall mean any event beyond the reasonable control of the Owner 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 and other hostilities (whether war be declared or not), invasion, act of foreign

enemies, mobilisation, requisition or embargo; b) rebellion, revolution, insurrection, military or usurped power and civil war;

c) ionising, radiation or contamination by radio-activity from any nuclear fuel or from any

nuclear waste from the combustion of nuclear fuel, radio-active toxic explosives, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof;

d) riot, commotion or disorder, except where solely restricted to employees of the

Contractor;

e) Acts of God such as earthquake (above magnitude of 7 on Richter's scale), unprecedented floods.

40.2 If either party is prevented, hindered or delayed from or in performing any of its obligations

under the contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

40.3 The party who has given such notice shall be excused from the performance or punctual

performance of its obligations under the contract for so long as the relevant event of Force Majeure continues and to the extent that such party's performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with GCC Clause 42 (Extension of Time for Completion).

40.4 The party or parties affected by the event of Force Majeure shall use reasonable efforts to

mitigate the effect thereof upon its or their performance of the contract and to fulfill its or their obligations under the contract.

40.5 No delay or nonperformance by either party thereto caused by the occurrence of any event of

Force Majeure shall

a) constitute a default or breach of the contract

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b) (subject to GCC sub-clause 35.2, 41.3 and 41.4) give rise to any claim for damages or

additional cost or expense occasioned thereby

if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure .

40.6 If the performance of the contract is substantially prevented, hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the contract, the parties will attempt to develop a mutually satisfactory solution failing which the dispute shall be resolved in accordance with GCC Clause 6.

40.7 Notwithstanding GCC sub-clause 40.5, Force Majeure shall not apply to any obligation of the

Owner to make payments to the Contractor herein. 41.0 WAR RISKS 41.1 " War Risks" shall mean any event specified in paragraphs (a) and (b) of GCC sub-clause 40.1

and any explosion or impact of any mine, bomb-shell, grenade or other projectile, missile, munitions or explosive of war, occurring or existing in or near the country (or countries) where the Site is located.

41.2 Notwithstanding anything contained in the contract, the Contractor shall have no liability

whatsoever for or with respect to: -

a) destruction of or damage to Facilities, Plant & Equipment, or any part thereof. b) destruction of or damage to property of the Owner or any third party. c) injury or loss life

if such destruction, damage, injury or loss of life is caused by any War Risks, the Owner 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.

41.3 If the facilities or any Plant and equipment or Contractor's Equipment or any other property of

the Contractor used or intended to be used for the purposes of the facilities shall sustain destruction or damage by reason of any War Risks, the Owner shall pay the Contractor for

a) any part of the facilities or the Plant and equipment so destroyed or damaged (to the

extent not already paid for by the Owner)

b) replacing or making good any Contractor's Equipment or other property of the Contractor so destroyed or damaged so far as may be required by the Owner, and as may be necessary for completion of the facilities.

c) replacing or making good any such destruction or damage to the facilities or the Plant

and equipment or any part thereof.

If the Owner does not require the Contractor to replace or make good any such destruction or damage to the facilities, the Owner shall either request a in the facilities, excluding the performance of that part of the facilities thereby destroyed or damaged or where the loss, destruction or damage affects a substantial part of the facilities, shall terminate the Contract, pursuant to GCC sub-clause 44.1 (Termination for Owner's Convenience).

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41.4 Notwithstanding anything contained in the contract, the Owner 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 Owner in writing of any such increased cost.

41.5 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 sub-contractor's personnel engaged in the work on the facilities, provided, however, that if the execution of the work on the facilities becomes impossible or is substantially prevented for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of any War Risks, the parties will attempt to develop a mutually satisfactory solution, failing which the dispute will be resolved in accordance with GCC Clause No. 6.

41.6 In the event of termination pursuant to GCC sub-clause 41.3, the right and obligations of the Owner and the Contractor shall be specified in GCC sub clauses 44.1.2 and 44.1.3, except that the Contractor shall have no entitlement to profit under paragraph (e) of GCC sub clause 44.1.3 in respect of any unexecuted facilities as of the date of termination.

42.0 EXTENSION OF TIME FOR COMPLETION

42.1 The time(s) for completion specified in the contract shall be extended if the Contractor is

delayed or impeded in the performance of any of its obligations under the contract by reason of any of the following:

a) any occurrence of Force Majeure as provided in GCC Clause 40(Force majeure),

unforeseen conditions as provided in GCC clause 38 (Unforeseen Conditions), or other occurrence of any of the matters specified or referred to in paragraphs (a), (b) and (c) of GCC sub-clause 35.2 .

b) any suspension order given by the Owner under GCC clause 43 (Suspension) hereof or

reduction in the rate of progress pursuant to GCC sub-clause 43.2 or

c) any changes in laws and regulations as provided in GCC Clause 39 (Change in Laws and Regulations) or

d) any default or breach of the contract by the Owner specifically including failure to

supply the items listed in Appendix 6 (Scope of Works and Supply by the Owner) to the Contract Agreement, or any activity, act or omission of any other Contractors employed by the Owner or

e) any other matter specifically mentioned in the contract, including but not limited as

referred in GCC clause 12.2(Owners responsibility)

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 .

42.2 Except where otherwise specifically provided in the contract, the Contractor shall submit to the

Engineer-in-charge 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

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does not accept the Owner's estimate of a fair and reasonable time extension, the Contractor shall be entitled to refer the matter to an Adjudicator, pursuant to GCC Clause 6 (Arbitration).

42.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its obligations under the contract.

43.0 SUSPENSION 43.1 The Owner may request the Engineer-in-charge by notice to the Contractor, to order the

Contractor to suspend performance of any or all of its obligations under the contract. Such notice shall specify the obligations of which performance is to be suspended, the effective date of the suspension and the reasons thereof. The Contractor shall thereupon suspend performance of such obligations (except those obligations necessary for the care or preservation of the facilities) until ordered in writing to resume such performance by the Engineer-in-charge.

If, by virtue of a suspension order given by the Engineer-in-charge, other than by reason of the Contractor's default or breach of the contract, the Contractor's performance of any of its obligations 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-in-charge requiring that the Owner shall within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in the facilities, excluding the performance of the suspended obligations from the contract.

If the Owner fails to do so within such period, the Contractor may, by a further notice to Engineer-in-charge, elect to treat the suspension, where it affects a part only of the facilities, where it affects the whole of facilities, as termination of the Contract under GCC sub-clause 44.1 (Termination for Owner's convenience).

43.2 If

a) the Owner has failed to pay the Contractor any such due under the contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to Appendix 1 (Terms and Procedures of Payment) to the Contract Agreement, or commits a substantial breach of the contract, the Contractor may give a notice to the Owner that requires payment of such sum requires approval of such invoice or supporting documents or specifies the breach and requires the Owner to remedy the same, as the case may be. If the Owner fails to pay such sum together fails to approve such invoice or supporting documents or give its reasons for withholding such approval, or fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor's notice or

b) the Contractor is unable to carryout any of its obligations under the contract for any

reason attributable to the Owner, including but not limited to the Owner's failure to provide possession of or access to the site or other areas in accordance with GCC sub-clause 12.2, or failure to obtain any governmental permit necessary for the execution and/or completion of the facilities;

then the Contractor may by fourteen (14) days notice to the Owner suspend performance of all or any of its obligations under the contract, or reduce the rate of progress.

43.3 If the Contractor's performance of its obligations is suspended or the rate of progress is reduced

pursuant to this GCC Clause 43 then the Time for Completion shall be extended in accordance with GCC sub-clause 42.1, and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Owner to the

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Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor's default or breach of the contract.

43.4 During the period of suspension, the Contractor shall not remove from the Site any Plant and

equipment, any part of the facilities or any Contractor's equipment, without the prior written consent of the Owner.

44.0 TERMINATION

44.1 Termination for Owner's convenience

44.1.1 The Owner may at any time terminate the Contract for any reason by giving the Contractor a

notice of termination that refers to this GCC sub-clause 44.1. 44.1.2 Upon receipt of the notice of termination under GCC sub-clause 44.1.1, the Contractor shall

either immediately or upon the date specified in the notice of termination

a) cease all further work, except for such work as the 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 sub-

contractor's 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 GCC sub-clause 44.1.3,

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 sub-contractors

iii) deliver to the Owner all non-proprietary drawings, specifications and other documents prepared by the Contractor or its sub-contractor as at the date of termination in connection with the facilities.

44.1.3 In the event of termination of the contract under GCC sub-clause 44.1.1 the Owner shall pay to the Contractor the following amounts:

a) the contract price, properly attributable to the parts of the facilities executed by the Contractor as at the date of termination

b) the costs reasonably incurred by the Contractor in the removal of the Contractor's equipment from the Site and in the repatriation of the Contractor's and its sub-contractors personnel

c) any amount(s) to be paid by the Contractor to its sub-contractors in connection with the termination of any subcontracts, including any cancellation charges

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d) costs incurred by the Contractor in protecting the facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC sub-clause 44.1.2

e) the cost of satisfying all other obligations, commitment and claims that the Contractor may in good faith have undertaken with third parties in connection with the contract and that are not covered by paragraphs (a) through (d) above.

44.2 Termination for Contractor's default

44.2.1 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 GCC sub-clause 44.2:

a) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction) a receiver is appointed over any part of its under taking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt .

b) if the Contractor assigns or transfers the contract or any right or interest therein in violation of the provision of GCC Clause 45 (Assignment).

c) if the Contractor, in the judgement of the Owner has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

For the purpose of this sub-clause:

"Corrupt practice" means the offering, giving receiving or soliciting of any thing of value of influence the action of a public official in the procurement process or in contract execution.

"Fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Owner and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition .

44.2.2 If the Contractor

a) has abandoned or repudiated the contract. b) has without valid reason failed to commence work on the facilities promptly or has

suspended (other than pursuant to GCC sub-clause 43.2) 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 to execute and complete the facilities in the manner specified in the program furnished under GCC Clause 21.2 (Programme of Performance) 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 extended;

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

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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 GCC sub-clause 44.2.

44.2.3 Upon receipt of the notice of termination under GCC sub-clause 44.2.1 or 44.2.2, the Contractor shall either immediately or upon such date as is specified in the notice of termination

a) cease all further work, except for such work as the 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) 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 Work 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 sub-contractors

e) deliver to the Owner all drawings, specifications and other documents prepared by the Contractor or its sub-contractors as at the date of termination in connection with the facilities.

44.2.4 The Owner may enter upon the Site, expel the Contractor, and complete the facilities itself or by employing any third party. The Owner may, to the exclusion of any right of the contract over the same, take over and use with the payment of a fair rental rate to the Contractor, with all the maintenance costs to the account of the Owner and with an indemnification by the Owner for all liability including damage or injury to persons arising out of the Owner's use of such equipment, any Contractor's equipment owned by the Contractor and on the Site in connection with the facilities for such reasonable period as the 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 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.

44.2.5 Subject to GCC sub-clause 44.2.6, the Contractor shall be entitled to be paid the contract price attributable to the facilities executed as at the date of termination, the value of any unused or partially used Plant and equipment on the Site, and the costs, if any, incurred in protecting the facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (a) of GCC sub-clause 44.2.3. 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.

44.2.6 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 GCC sub-clause 44.2.5., plus the reasonable costs incurred by the Owner, in completing the facilities, exceeds the contract price, the Contractor shall be liable for such excess.

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If such excess is greater than the sums due the Contractor under GCC sub-clause 44.2.5, the Contractor shall pay the balance to the Owner, and if such excess is less than the sums due the Contractor under GCC sub-clause 44.2.5, the Owner shall pay the balance to the Contractor.

The Owner and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid.

44.3 Termination by Contractor

44.3.1 If

a) the Owner has failed to pay the Contractor any sum due under the contract within the specified period, has failed to approve any invoice or supporting documents without just cause pursuant to Appendix 1 (Terms and Procedures of Payment) of the Contract Agreement, or commits a substantial breach of the contract, the Contractor may give a notice to the Owner that requires payment of such sum requires approval of such invoice or supporting documents, or specifies the breach and requires the Owner to remedy the same, as the case may be. If the Owner fails to pay such sum fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor's notice or

b) the Contractor is unable to carry out any of its obligations under the contract for any reason attributable to the Owner, including but not limited to the Owner's failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit necessary for the execution and/or completion of the facilities, which the Owner is required to obtain as per provision of the contract or as per relevant applicable laws of the country, then the Contractor may give a notice to the Owner thereof, and if the Owner has failed to pay the outstanding sum, to approve the invoice or supporting documents, to give its reasons for withholding such approval or to remedy the breach within twenty-eight (28) days of such notice, or if the Contractor is still unable to carry out any of its obligations under the contract for any reason attributable to the Owner within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Owner referring to the GCC sub-clause 44.3.1 forthwith terminate the contract.

44.3.2 The Contractor may terminate the contract forthwith by giving a notice to the Owner to that effect, referring to this GCC sub-clause 44.3.2, if the Owner becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or being a corporation, if a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Owner takes or suffers any other analogous action in consequence of debt.

44.3.3 If the contract is terminated under GCC sub-clause 44.3.1 or 44.3.2, then the Contractor shall immediately

a) cease all further work, except for such work as may be necessary for the purpose of protecting that part of the facilities already executed, or any work required to leave the Site in a clean and safe condition

b) terminate all sub-contracts, except those to be assigned to the Owner pursuant to paragraph (d)(ii)

c) remove all Contractor's equipment from the Site and repatriate the Contractor's and its sub-contractor's personnel from the Site

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d) in addition, the Contractor, subject to the payment specified in GCC sub-clause 45.3.4 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 of the date of termination and , as may be required by the Owner, in any subcontracts concluded between the Contractor and its sub-contractors.

iii) deliver to the Owner all drawings, specifications and other documents prepared by the Contractor or its sub-contractors as of the date of the termination in connection with the facilities.

44.3.4 If the contract is terminated under GCC sub-clause 44.3.1 or 44.3.2, the Owner shall pay to the Contractor all payments specified in GCC sub-clause 44.3.1 and reasonable compensation for all loss or damage sustained by the Contractor arising out of, in connection with or in consequence of such termination.

44.3.5 Termination by the Contractor pursuant to this GCC sub-clause 44.3 is without prejudice to any other rights or remedies or the Contractor that may be exercised in lieu of or in addition to rights conferred by GCC sub-clause 44.3

44.4 In this GCC Clause 44, the expression "Facilities executed" shall include all work executed, installation services provided, any/ all plant and 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 .

44.5 In this GCC-Clause 44, in calculating any monies 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 Appendix-1 (Terms and Procedures of Payment) to the Contract.

45.0 ASSIGNMENT

45.1 Neither the Owner nor the Contractor shall, without the express prior written consent of the other (which consent shall not be unreasonably withheld), assign to any third party the contract or any part thereof, or any right, benefit, obligation, or interest therein or thereunder, except that the Contractor shall be entitled to assign either absolutely or by way of charge any monies due and payable to it or that may become due and payable to it under the contract.

46.0 SPARES

46.1 The Contractor agrees that the spare parts recommended by him for 5 years operation and quoted in Schedule No.5 shall be supplied by him at the same terms and conditions as are otherwise applicable to this contract. Further, the Contractor also agrees to supply spare parts required for the operation and maintenance of the facilities as per provision of subsequent paragraphs of this Clause.

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46.2 All the spares for the equipment under the Contract will strictly conform to the Specification and other relevant documents and will be identical to the corresponding main equipment/components supplied under the Contract and shall be fully interchangeable.

46.3 All the mandatory spares covered under the Contract shall be produced along with the main equipment as a continuous operation and the delivery of the spares will be effected along with the main equipment in a phased manner and the delivery would be completed by the respective dates for the various categories of equipment as per the agreed network. In case of recommended spares the above will be applicable provided the order for the recommended spares have been placed with the Contractor prior to commencement of manufacture of the main equipment.

46.4 The quality plan and the inspection requirement finalized for the main equipment will also be applicable to the corresponding spares.

46.5 The Contractor shall provide the Owner with the manufacturing drawings, catalogues, assembly drawings and any other document required by the Owner so as to enable the Owner to identify the recommended spares. Such details will be furnished to the Owner as soon as they are prepared.

46.6 The Contractor will provide the Owner with all the addresses and particulars of his sub-suppliers while placing the order on vendors for items/components/ equipment's covered under the Contract and will further ensure with his vendors that the Owner, if so desires, will have the right to place order for spares directly on them on mutually agreed terms based on offers of such vendors.

46.7 Defect Liability of Spares

The Contractor shall warrant that all spares supplied will be new and in accordance with the Contract Documents and will be free from defects in design, material and workmanship and shall further guarantee as under:

46.7.1 For 5 years operational spares (both mandatory and recommended):

a) For any item of spares ordered or to be ordered by the Owner for 5 years operational requirement of the plant which are manufactured as a continuous operation together with the corresponding main equipment / component, the defects liability period will be 24 months from the scheduled date of commercial operation of main equipment/plant under the Contract. 'Commercial Operation' shall mean the conditions of operation in which the complete equipment covered under the Contract is officially declared by the Owner to be available for continuous operation at different loads upto and including rated capacity. Such declaration by the Owner, however, shall not relieve or prejudice the Contractor any of his obligations under the Contract. In case of any failure in the original component/equipments due to faulty designs, materials and workmanship, the corresponding spare parts, if any, supplied will be replaced without any extra cost to the Owner unless a joint examination and analysis by the Owner and the Contractor of such spare parts prove that the defect found in the original part that failed, can safely be assumed not to be present in spare parts. Such replaced spare parts will have the same defect liability as applicable to the replacement made for the defective original part/ component provided that such replacement for the original equipment and the spare replaced are again manufactured together. The discarded spare parts will become the property of the Contractor as soon as they have been replaced by the Contractor.

b) For the item of spares ordered or to be ordered by the Owner for 5 years operational requirement of the plant, which with the written approval of the Owner, are not manufactured as a continuous operation together with the manufacture of the

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corresponding main equipment/component, will be warranted for trouble free operation if used within a period of 24 months (reckoned from the date of delivery at Site) . However, if such spare parts are put to use after 24 month of the delivery at Site then the guarantee of such spare will stand valid till the expiry of 36 months from the scheduled date of the completion of Commissioning of equipment/plant of trouble free operation after such spares are put in service.

c) For long term requirement

For item of spares that may be ordered by the Owner to cover requirements beyond 5 years of initial operation of the plant, the warranty will be till the trouble free operation if used within a period of 24 months from the date of delivery at Site, the warranty period will be 24 months from the date they are put to use of trouble free operation .

46.7.2 The defect liability of spares that are not used within 24 months from the respective dates of the delivery at Site covered in para (b) and (c) above, will, however be subject to condition that all such spares being stored/maintained/preserved in accordance with Contractor's standard recommended practice, if any, and the same has been furnished to the Owner.

46.8 To enable the Owner to finalise the requirement of recommended spares which are ordered subsequent to placement of order for main equipment/plant, in addition to necessary technical details, catalogue and such other information brought-out herein above, the Contractor will also provide a justification in support of reasonableness of the quoted price of spares which will, inter-alia, include documentary evidence that the prices quoted by the Contractor to the Owner are not higher than those charged by him from other customers in the same period.

46.9 In addition to the spares recommended by the Contractor, if the Owner further identifies certain particular items of spares, the Contractor will submit the prices and delivery quotation for such spares within 30 days of receipt of such request with a validity period of 6 months for consideration by the Owner and placement of order for additional spares if the Owner so desires.

46.10 The Contractor shall guarantee the long-term availability of spares to the Owner for the full life of the equipment covered under the Contract. The Contractor shall guarantee that before going out of production of spare parts of the equipment covered under the Contract, he shall give the Owner at least 2 years advance notice so that the latter may order his bulk requirement of spares, if he so desires. The same provision will also be applicable to Sub-Contractors. Further in case of discontinuance of manufacture of any spares by the Contractor and/or his Sub-Contractors, the Contractor will provide the Owner, two years in advance, with full manufacturing drawings, material specifications and technical information including information on alternative equivalent makes required by the Owner for the purpose of manufacture/procurement of such items.

46.11 The price of all future requirements of item of spares beyond 5 years operational requirement will be derived from the corresponding ex-works price at which the order for such spares have been placed by Owner as a part of mandatory spares or recommended spares. Ex-works order price of future spares shall be computed in accordance with the price adjustment provisions covered under the main Contract excepting that there will be no ceiling on the amount of variation in the prices. The above option for procuring future recommended spares by the Owner shall remain valid for the period of 5 years from the date of successful completion of Commissioning of the equipment.

46.12 The Contractor will indicate in advance the delivery period of the item of spares, which the Owner may procure in accordance with above sub-clause. In case of emergency requirements of spares, the contractor would make every effort to expedite the manufacture and delivery of such spares on the basis of mutually agreed time schedule.

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46.13 In case the Contractor fails to supply the mandatory, recommended or long term spares in the terms stipulated above, the Owner shall be entitled to purchase the same from the alternate sources at the risk and the cost of the Contractor and recover from the Contractor, the excess amount paid by the Owner over the rates worked on the above basis . In the event of such risk purchase by the Owner, the purchases will be as per the Works and Procurement Policy of the Owner prevalent at the time of such purchases and the Owner at his option may include a representative from the Contractor in finalising the purchases .

46.14 It is expressly understood that the final settlement between the parties in terms of relevant clause of the Contract Documents shall not relieve the Contractor of any of his obligations under the provision of long-term availability of spares and such provisions shall continue to be enforced till the expiry of 5 years period reckoned from the scheduled date of completion of Commissioning of the plant and equipment unless otherwise discharged expressly in writing by the Owner. Further, the provisions pertaining to long-term availability of spares shall be extended beyond 5 years applicability period mentioned herein above if so desired by the Owner and at the mutually acceptable escalation formula.

47.0 OPERATION AND MAINTENANCE MANUALS

47.1 Before the Operational Acceptance Certificate is issued, in accordance with sub-clause 28.3.3 (Operational Acceptance) of GCC, the Contractor shall prepare and supply operation and maintenance manuals together with drawings of the facilities as built. These shall be in such detail as will enable the Owner/Engineer-in-charge to operate, maintain, adjust, and repair, dismantle and reassemble all parts of the facilities. The maintenance of each component shall be described including the recommended frequency of inspection and lubrication. The manual shall include a separate and complete section describing the normal and emergency operating procedure for all equipment.

47.2 The manuals shall also describe and illustrate the procedure for storage handling, unpacking and upkeep of all spare parts.

47.3 Ten (10) copies of manuals in English suitably bound shall be supplied to the Owner two (2)

months prior to the commencement of commissioning.

47.4 Eight (8) copies of drawings alongwith two (2) reproducible shall be furnished by the Contractor. One set of drawings on floppy wherever drawings are on computer shall also be furnished.

47.5 Unless otherwise agreed, the facilities shall not be considered to be completed for the purposes of taking over until such manuals and drawings have been supplied to the Owner.

48.0 TAKING-OVER CERTIFICATE

48.1 "Taking-Over Certificate" means the certificate to be given by the Owner/Engineer-in-charge to the Contractor.

48.2 The facilities shall be taken over by the Owner when they have been completed in accordance with the contract, except in minor respects that do not affect the use of the facilities for their intended purpose, the activities of pre-commissioning, commissioning and trial runs have been accomplished successfully and have passed all the tests (including Operational Acceptance Test) in accordance with the contract and a Taking-Over Certificate has been issued or deemed to have been issued in accordance with the sub-clause 48.3 herein.

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48.3 The Contractor may apply by notice to the Engineer in charge for a Taking-Over Certificate not earlier than 14 days before the facilities will in the Contractors opinion be complete and ready for taking over after the issue of an Operational Acceptance Certificate as per Clause 28.3 (Operational Acceptance) of GCC.

The Engineer-in-charge shall within 28 days after the receipt of the Contractor's application either:

a) issue the Taking-Over Certificate to the Contractor with a copy to the Owner stating the date on which the facilities were complete and ready for taking over, or

b) reject the application giving his reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued.

If the Engineer-in-charge fails either to issue the Taking-Over Certificate or to reject the Contractor's application within the period of 28 days he shall be deemed to have issued the Taking-Over Certificate on the last day of that period.

Issue of the Taking-Over Certificate will mark the beginning of the Defects Liability Period. The Contractor will be entitled to apply for only one Taking-Over Certificate for the whole facilities

49.0 PACKING, FORWARDING AND SHIPMENT

49.1. The Contractors, shall after proper painting, pack and crate (wherever warranted commensurate with the rigours of transportation) all equipment in such a manner to protect them from deterioration and damage during rail and road transportation to the Site and storage at the Site till the time of erection. The Contractor shall be held responsible for all damages due to improper painting, packing and crating.

49.1.1 The Contractor shall notify the Owner of the date of dispatch of every consignment from his works, and the expected date of arrival at the Site for the information of the Owner.

49.1.2 The Contractor shall also give all dispatch information concerning the weight, size and content of each package including any other information the Owner may require.

49.1.3 The following documents shall be sent by registered post to the Owner within 3 days from the date of despatch of each consignment, to enable the Owner to make progressive payment to the contractor:

i) Application for payment in the standard format of the Owner (6 copies).

ii) Suppliers Invoice showing item description, quantity, unit rate and total amount (6 copies).

iii) Packing list identifying contents of each package (6 copies).

iv) Material dispatch Clearance Certificate (MDCC) issued by the Owner prior to effecting dispatch (6 copies).

v) Factory Inspection Report, wherever applicable (6 copies).

vi) Insurance Certificate (6 copies).

vii) Manufacture's guarantee Certificate (6 copies).

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viii) Contractor's certificate stating that the sub assembly dispatched under the consignment is complete in all respects (6 copies).

ix) Intimation to Insurance Company regarding shipment on each occasion (6 copies).

49.2 The Contractor shall prepare detailed packing list of all packages and containers, bundles, materials forming each and every consignment dispatched to Site. The Contractor shall further be responsible for making all necessary arrangement for loading, unloading and other handling right from his works to and at the Site and also till the equipment's are erected, tested and commissioned. He shall be solely responsible for proper storage, preservation/ conservation and safe custody of all equipment's till such time the equipment's are taken over by the Owner.

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Bill of material for Plant, Equipment and Mandatory Spares. Item Description Unit Quantity

A 250kVA D.G. Set

1. Diesel engine suitable to give an alternator output

of 250kVA complete with built in Electronic

Governor, fuel system, lubrication system, cooling

system, air intake and exhaust system.

With 1st fill of Lube Oil & Safeties against:

i) Low Lube Oil Pressure ii) High coolant Temperature iii) Over Speed

2. 250kVA, 3Ø, 415V, 50Hz alternator with exciter.

3. Generating Control Panel consisting of Automatic

Voltage Regulator, Automatic main failure starting

system, metering and local control etc.

4. MS Base Frame alongwith foundation bolts, Anti Vibration Mounting Pads suitable for above DG Set.

5. Battery with leads & Battery Charger (Maintenance Free of Reputed Make) suitable for above DG Set.

6. MS Fuel Tank with all accessories suitable for above DG Set.

7. Mandatory spares 8. Tools & Tackles for maintenance

9. Canopy for sound Pollution Control

B 400kVA D.G. Set

1. Diesel engine suitable to give an alternator output

of 400kVA complete with built in Electronic

Governor, fuel system, lubrication system, cooling

system, air intake and exhaust system.

With 1st fill of Lube Oil & Safeties against:

iv) Low Lube Oil Pressure

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v) High coolant Temperature vi) Over Speed

2. 400kVA, 3Ø, 415V, 50Hz alternator with exciter.

3. Generating Control Panel consisting of Automatic

Voltage Regulator, Automatic main failure starting

system, metering and local control etc.

4. MS Base Frame alongwith foundation bolts, Anti Vibration Mounting Pads suitable for above DG Set.

5. Battery with leads & Battery Charger (Maintenance Free of Reputed Make) suitable for above DG Set.

6. MS Fuel Tank with all accessories suitable for above DG Set.

7. Mandatory spares

8. Tools & Tackles for maintenance

9. Canopy for sound Pollution Control

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SECTION-IV

Forms & Procedure (FP)

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INDEX

FORMS AND PROCEDURE

1.Bid Forms

2. Attachments Including Security Forms

3. Price Schedule

4. Form of 'Notification of Award Contract' for supply of Plant and Equipment and their installation. 5. From of Contract Agreement.

6.Performance Security Forms.

8.Form of Completion Certificate. 9.Form of Operational Acceptance Certificate 10.Change Order Procedures 11.Form of Trust Receipt for Plant, Equipment and Materials received

12a Form of Indemnity Bond to be executed by the Contractor for the Equipment handed over by the Owner for Performance of its Contract.

12b Form of Indemnity Bond to be executed by the Contractor for the Equipment handed over in Instalments by the Owner for Performance of its Contract 13 Form of Authorisation

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1. BID FORM

Date------------------------------------------------------- Bid spec. No. --------------------------------------- Name of Contract----------------------------------------------- To

The Chief Engineer (Generation), HPSEBL, Sundernagar-175019 (H.P.). Sir, 1.0 With reference to the Bid Documents forwarded to us vide your letter no----------------------

dated --------------, we the undersigned, having examined the Bid Documents, including Addenda Nos., (Insert numbers-------), the receipt of which is hereby acknowledged, offer to design, manufacture, test, deliver, install and commission (including carrying out Performance & Guarantee Test) the Facilities under the above named Contract in full conformity with the said Bid Documents for the sum of:

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

(Amount in Words) ------------------------------------------------------------(-----------------------------------------------) (Amount in Figures)

or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.0 Attachments to the Bid Form:

In line with the requirement of the Bid Documents, we enclose herewith the following Attachments to the Bid Form:

a) Attachment 1: Bid Security in the form of Bank draft for a sum of Rs.---------------------

--------------------------------------- (amount in words & figures) and a Guarantee for a sum of Rs. ---------------------------------------------------------------------- (Amount in words and figures) valid for a period of six (6) calendar months from the date set for opening of bids.

b) Attachment 2: A power of attorney duly authorised by a Notary Public indicating that

the person(s) signing the bid have the authority to sign the bid and that the bid is binding upon us during the full period of its validity in accordance with the ITB Clause 15.

c) Attachment 3: The documentary evidence establishing in accordance with ITB Clause

3.0 that we are eligible to bid and in terms of ITB Clause 12.2 (c) are qualified to perform the contract if our bid is accepted.

The qualification data has been furnished as per your format enclosed with the Bid Documents.

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d) Attachment 4: The documentary evidence establishing in accordance with ITB Clause 4.0 that the facility offered by us are eligible facilities and conform to the bid documents has been furnished.

e) Attachment 5: The details of all major items of services or supply which we propose

subletting giving details of the name and address of the proposed sub-contractor / sub-vendor for each item as per Appendix 5.

f) Attachment 6: The variation and deviations from the requirements of the conditions of

contract and commercial conditions in your format enclosed with the Bid Documents, indicating, inter alia, the cost of withdrawal of the variation and deviations indicated therein.

g) Attachment 6A: The variation and deviations from the requirements of provisions of

Technical specifications and Drawings in ITB sub- clause 24.4 your format enclosed with the bid documents, indicating, inter alia, the cost of withdrawal of the variation and deviations indicated therein.

h) Attachment 7: The details of quality assurance programme containing the overall

quality management and procedures, which we are to follow for facilities are enclosed.

i) Attachment 8: The mile stone schedule showing the timing and sequence of all key

activities necessary for successful completion of the contract is enclosed. #-----------------------------------------------------------------------------------------------------------

# (Any other Attachment, if required, shall be added here)

3.0 PRICE SCHEDULES: 3.1 In line with the requirements of the Bid Documents, we enclose herewith the following Price

Schedules, duly filled-in as per your proforma: Schedule No.1 Plant and Equipment (including Mandatory

Spare Parts)

Schedule No.2 Transportation including Insurance. Schedule No.3 Installation Services Schedule No.4 Grand Summary (Schedules Nos. 1 to 3) Schedule No.5 Recommended Spare Parts.

Schedule No.6 Taxes and Duties. (Not included in Bid Price)

Any other Schedules, if required, shall be added here. 3.2 We are aware that the Price Schedules do not generally give a full description of the work to be

performed under each item and we shall be deemed to have read the Technical Specifications and other bid documents and Drawings to ascertain the full scope of work included in each item while filling-in the rates and prices. We agree that the entered rates and prices shall be deemed to include for the full scope as aforesaid, including overheads and profit.

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3.3 We declare that as specified in the Conditions of Contract, prices quoted by us in the Price Schedules shall be Fixed & Firm.

3.4 We understand that in the price schedule, where there are errors between the total of the

amounts given under the column for the Price Breakdown and the amount given under the Total Price, the former shall prevail and the latter will be corrected accordingly. We further understand that where there are discrepancies between amounts stated in figures and amounts stated in words, the amount stated in words shall prevail. Similarly, any discrepancy in the total bid price and that of the summation of Schedule prices (price indicated in a Schedule indicating the total of that schedule,) the total bid price shall be corrected to reflect the actual summation of the Schedule prices.

3.5 We declare that items left blank in the Schedules will be deemed to have been included in other

items, The TOTAL for each Schedule and the TOTAL of Grand Summary shall be deemed to be the total price for executing the Facilities and sections thereof in complete accordance with the Contract, whether or not each individual item has been priced.

4.0 We confirm that except as otherwise specifically provided our Bid Prices include all taxes,

duties, levies and charges as may be assessed on us, our Sub-Contractor/Sub-Vendor or their employees by all municipal, state or national government authorities in connection with the facilities.

4.1 100% of applicable Taxes and Duties which are payable by the Owner under the Contract shall

be reimbursed by the Owner to the Contractor after despatch of equipments on production of satisfactory documentary evidence by the Contractor.

4.2 We further understand that notwithstanding 4.0 above, you shall also bear and pay/reimburse to us, Excise Duty, Sales Tax (but not the surcharge in lieu of Sales Tax, local tax and other levies in respect of direct transaction between you and us, imposed on the Plant & Equipment including Mandatory Spare Parts specified in Schedule No.1 (and also spares quoted in Schedule No.5, when awarded) to be incorporated in to the Facilities.

4.3 We confirm that no Sale Tax in any from shall be payable by you for the bought out items

which are despatched directly by us. However, you will issue requisite Sale Tax declaration forms in respect of such bought out items, on production of documentary evidence of registration with the concerned Sale Tax Authorities. The minimum value of such items is indicated in Attachment No------------(Insert Number as per serial order).

5.0 @ We have read the provisions of following clause and confirm that the specified stipulations

of these clauses are acceptable to us: a) GCC 5.0 Governing Law b) GCC 6.0 Arbitration c) GCC 14.0 Terms of payment d) GCC 15.3 Performance Security e) GCC 16.0 Taxes and Duties f) GCC 29.0 Completion Time Guarantee g) GCC 30.0 Defect Liability h) GCC 31.0 Functional Guarantee i) GCC 32.0 Patent Indemnity j) GCC 33.0 Limitation of Liability

k) Appendix 2 to From Price Adjustment of Contract.

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OR

We have read the provisions of following clause and confirm that the specified stipulations of these clause are acceptable to us except for the deviations, along with the cost of withdrawal of such deviations, listed in Attachment 6 & 6A.

(Bidders to strike off whichever is not applicable) a) GCC 5.0 Governing Law b) GCC 6.0 Arbitration c) GCC 14.0 Terms of payment d) GCC 15.3 Performance Security e) GCC 16.0 Taxes and Duties f) GCC 29.0 Completion Time Guarantee g) GCC 30.0 Defect Liability h) GCC 31.0 Functional Guarantee i) GCC 32.0 Patent Indemnity j) GCC 33.0 Limitation of Liability

l) Appendix 2 to From Price Adjustment of contract agreement

5.1 We further declare that additional conditions, variations, deviations, if any found in the proposal other than those listed in Attachment 6 and/or Attachment 6A, save those pertaining to any rebates offered, shall not be given effect to.

6.0 We undertake, if our bid is accepted, to commence the work on Facilities immediately upon

your Notification of Award to us, and to achieve completion within the time sated in the Bid Documents.

7.0 If our bid is accepted, we undertake to provide a Performance Security in the form and

amounts, and within the times specified in the bid documents.

8.0 We agree to abide by this bid for a period of 180 days from the date fixed for submission

of bids as stipulated in the Bid Documents, and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period. Further, the prices of recommended spares contained in our Bid shall remain valid for a period of 120 days after the expiry of validity of bid, mentioned above.

9.0 Until a formal Contract is prepared and executed between us, this bid, together with your written acceptance thereof in the form of your Notifications of Award shall constitute a Bid contract between us.

10.0 We understand that you are not bound to accept the lowest or any bid you may receive. 11.0 We confirm that we have filled in the data required to be furnished by us in Appendix 2 and

Appendix-3 to the Form of Contract. 12.0 We, hereby, declare that only the persons or firms interested in this proposal as principals are

named here and that no other persons or firms other than those mentioned herein have any interest in this proposal or in the Contract to be entered into, if the award is made on us, that

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this proposal is made without any connection with any other person, firm or party likewise submitting a proposal is in all respects for and in good faith, without collusion or fraud.

Dated this-----------------------day of -----------------------------2012.

Thanking you, we remain, Yours faithfully, (Signature) (Printed Name) (Designation) (Common Seal) Date : Place : Business Address : Note: Bidders may note that no prescribed proforma has been enclosed for:

(a) Attachment 2, (Power of Attorney) (b) Attachment 4, (For documentary evidence establishing that

the facilities offered are eligible facility and conform to Bid Documents)

For the Attachments 2,4,5,7 & 8 Bidders may use their own proforma for furnishing the required information with the Bid.

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ATTACHMENT- 1

PROFORMA OF BANK GUARANTEE FOR BID SECURITY

(To be stamped in accordance with Indian Stamp Act).

To

The Accounts Officer,

O/O the Chief Engineer (Generation),

HPSEB Ltd., Sunder Nagar,Distt. Mandi H.P. – 175 019.

WHERAS, (Name of Bidder) ------------------------------------(hereinafter called "the Bidder") has

submitted his bid dated-------------------for (Name of Contract)-------------------------(hereinafter called

"the Bid")

KNOW ALL MEN BY these presents that we (Name of Bank)-----------------------of (Name of

Country)------------------------having our registered office at (address)------------------------------------------

------(hereinafter called " the Bank" are bound unto HPSEBL in the sum of----------------------------------

-----for which payment well and truly to be made to the HPSEBL the Bank binds himself, his

successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this------------------------day of-----------------------

2012.

THE CONDITIONS of this obligation are:

1. If the bidder withdraws his bid during the period of bid validity specified in the Proforma of

Bid; or

2. If the bidder having been notified of the acceptance of his bid by the HPSEB during the period

of bid validity:

a) fails or refuses to execute the Contract Agreement, when required; or

b) fails or refuses to furnish the performance security, in accordance with the Bid

Documents.

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We undertake to pay to the HPSEBL upto the above amount upon receipt of its first

written demand without the HPSEBL having to substantiate its demand, provided that

in its demand the HPSEBL will note that the amount claimed by it is due to it owing to

the occurrence of one or both of the two conditions, specifying the occurred condition

or conditions.

This Guarantee will remain in force upto and including the date ---------- (ninety (90)

days after the period of bid validity) and any demand in respect thereof should reach

the Bank not later than the above date.

DATE--------------------- --------------------------- For and on behalf of the Bank.

(Signature)

in the capacity of Bank

(Common Seal of Bank)

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ATTACHMENT - 3

Bidder’s Name & Address To

Chief Engineer (Generation), HPSEBL, Sundernagar-175019 (HP).

Dear Sir,

Following are our Qualifying requirements Data: - 1). Experience as Design, manufacturer, installation / erection and commissioning of 400kVA & 250KVA Diesel Generating set.

Details of contracts successfully executed involving design, manufacturing, supply, erection, testing and commissioning of 400KVA & 250KVA Diesel Generating set, which are in successful operation for at least last three years (as per ITB Clause No.3)

Sr.no. Name of purchaser

& address

Name of Project

& Location

Order Ref. Date of

Completion

Scope of work Successful completion

certificates of 3 years

attached or not

(YES/NO)

1.

2.

3.

4.

Signature---------------- (Printed Name)-------------- Designation ----------------- (Common Seal)----------------

Dated Place

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ATTACHMENT-6

(Name of the Project)

Cost of withdrawal of deviation from the requirement of the Commercial terms and conditions. (To be furnished by the Bidders)

(Bidder's Name & Address):

To:--------------------------------------------------- (Name of the Owner) Dear Sir, Following are the deviations from the requirement of the commercial terms and conditions. ----------------------------------------------------------------------------------------------------------------------- Sr. no. Clause no. Deviation. Cost of withdrawal (Rs.) ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- Yours faithfully, Date: ------------------------- (Signature)--------------------------- Place: ------------------------- (Printed Name)---------------------- (Designation)------------------------ (Common Seal)----------------------

Note: - Bidders may note that the bids containing the deviations without the cost of withdrawal shall be rejected.

98

ATTECHMENT -6A

(Name of the Project)

Cost of withdrawal of deviations from the requirement of the Technical specifications.

(Bidder's Name & Address)

To:--------------------------------------------------

(Owner's Name & Address)

Dear Sir, Following are the deviation from the requirement of the Technical Specification, Drawings etc.

----------------------------------------------------------------------------------------------------------------------- Sr. no. Clause no. Deviation. Cost of withdrawal (Rs.) ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- Yours faithfully, Date: ------------------------- (Signature)--------------------------- Place: ------------------------- (Printed Name)---------------------- (Designation)------------------------ (Common Seal)---------------------- Note: Bidders may note that bids containing deviations without the cost of withdrawal shall be

rejected.

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Price Schedules

101

Schedule 1. Plant, Equipment and Mandatory Spare Parts.

PART-1 GIRI HEP Item Description Unit.

Qty.

(1)

EXW Unit

Price (Rs).

(2)

EXW Total

Price (Rs).

(1x2)

A 250kVA D.G. Set

1. Diesel engine suitable to give an alternator output of 250kVA complete with built in Electronic Governor, fuel system, lubrication system, cooling system, air intake and exhaust system.

With 1st fill of Lube Oil & Safeties against:

vii) Low Lube Oil Pressure viii) High coolant Temperature ix) Over Speed

No.

One

2. 250kVA, 3Ø, 4Wire, 415V, 50Hz alternator with exciter.

No.

One

3. Generating Control Panel consisting of Automatic Voltage Regulator, Automatic main failure starting system, metering and local control etc.

Set

One

4. MS Base Frame alongwith foundation bolts, Anti Vibration Mounting Pads suitable for above DG Set.

Set

One

5. Battery with leads & Battery Charger (Maintenance Free of Reputed Make) suitable for above DG Set.

Set

One

6. MS Fuel Tank with all accessories suitable for above DG Set.

Set

One

7. Mandatory spares Lot One

8. Tools & Tackles for maintenance Lot

One

9. Canopy for sound pollution control Set One Total

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------------ Signature of Bidder:-------------------------

102

Note: - The break up of prices (Unit prices as well as total) for each and every item offered shall

also be specified in separate sub-schedules for items 1 to 9 for both DG sets i.e. Sub-

Schedules 1.A(a) to 1A(i).

103

Schedule 2. Transportation and Insurance

Unit Price (Rs.)

Item

Description

Unit

Qty.

(1)

Transportation &

Insurance

(2)

Total Price (Rs.)

(1x2)

1 Transportation

A. 250kVA DG Set a) For item 1 of Schedule 1.

b) For item 2 of Schedule 1. c) For item 3 of Schedule 1.

d) For item 4 of Schedule 1. e) For item 5 of Schedule 1. f) For item 6 of Schedule 1. g) For item 7 of Schedule 1. h) For item 8 of Schedule 1.

i) For item 9 of Schedule 1.

2. Insurance

(As per Appendix-3)

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------ Signature of Bidder:-------------------

104

Schedule 3. Installation Services

Unit Price (Rs.)

Total Price

(Rs.)

Item

Description.

Unit.

Qty.

(1)

(2)

(1x2)

A. 250kVA DG Set for Giri HEP

a) For item 1 of Schedule 1.

b) For item 2 of Schedule 1.

c) For item 3 of Schedule 1.

d) For item 4 of Schedule 1.

e) For item 5 of Schedule 1.

f) For item 6 of Schedule 1.

g) For item 9 of Schedule 1.

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------------ Signature of Bidder:-------------------------

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Schedule 4. Grand Summary Item Description Total Price (Rs.)

1.

Total Schedule 1: Plant, equipment and mandatory spare parts.

2.

Total Schedule 2: Transportation & insurance

3.

Total Schedule 3: Installation services

GRAND TOTAL (to Bid form)

Name of Bidder:------------------------------ Signature of Bidder:-------------------------

106

Schedule 5. Recommended Spare Parts

Item Description Unit Qty.

(1)

Unit Price

EXW (Rs.)

(2)

Total price

(Rs.)

(1x2)

(3)

Transportation including

Insurance.

(4)

Total

Name of Bidder:-------------------- Signature of Bidder:---------------

107

Schedule 6. Taxes and Duties (Payable on the main equipment

and mandatory spares)

Item

Description of

Taxes /

duties/ levies

etc.

Rate of

Taxes/

duties/ levies

application

Amount on which

Taxes / duties /

levies applicable

Taxes duties/ levies

payable

Total

Taxes/

duties/

levies

payable

1 2 3 4

5 6

TOTAL-TAXES AND DUTIES

Name of Bidder:----------------------------- Signature of Bidder:------------------------

108

Schedule 1. Plant, Equipment and Mandatory Spare Parts.

PART-II BASSI HEP Item Description Unit.

Qty.

(1)

EXW Unit

Price (Rs).

(2)

EXW Total

Price (Rs).

(1x2)

A 400kVA D.G. Set

1. Diesel engine suitable to give an alternator output of 400kVA complete with built in Electronic Governor, fuel system, lubrication system, cooling system, air intake and exhaust system.

With 1st fill of Lube Oil & Safeties against:

x) Low Lube Oil Pressure xi) High coolant Temperature xii) Over Speed

No.

One

2. 400kVA, 3Ø, 4Wire, 415V, 50Hz alternator with exciter.

No.

One

3. Generating Control Panel consisting of Automatic Voltage Regulator, Automatic main failure starting system, metering and local control etc.

Set

One

4. MS Base Frame alongwith foundation bolts, Anti Vibration Mounting Pads suitable for above DG Set.

Set

One

5. Battery with leads & Battery Charger (Maintenance Free of Reputed Make) suitable for above DG Set.

Set

One

6. MS Fuel Tank with all accessories suitable for above DG Set.

Set

One

7. Mandatory spares Lot One

8. Tools & Tackles for maintenance Lot

One

9. Canopy for sound pollution control Set One Total

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------------ Signature of Bidder:-------------------------

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Note: - The break up of prices (Unit prices as well as total) for each and every item offered shall

also be specified in separate sub-schedules for items 1 to 9 for both DG sets i.e. Sub-

Schedules 1.A(a) to 1A(i).

110

Schedule 2. Transportation and Insurance

Unit Price (Rs.)

Item

Description

Unit

Qty.

(1)

Transportation &

Insurance

(2)

Total Price (Rs.)

(1x2)

1 Transportation

A. 400kVA DG Set a) For item 1 of Schedule 1.

b) For item 2 of Schedule 1. c) For item 3 of Schedule 1.

d) For item 4 of Schedule 1. e) For item 5 of Schedule 1. f) For item 6 of Schedule 1. g) For item 7 of Schedule 1. h) For item 8 of Schedule 1.

i) For item 9 of Schedule 1.

2. Insurance

(As per Appendix-3)

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------ Signature of Bidder:-------------------

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Schedule 3. Installation Services

Unit Price (Rs.)

Total Price

(Rs.)

Item

Description.

Unit.

Qty.

(1)

(2)

(1x2)

A. 400kVA DG Set for Bassi HEP

a) For item 1 of Schedule 1.

b) For item 2 of Schedule 1.

c) For item 3 of Schedule 1.

d) For item 4 of Schedule 1.

e) For item 5 of Schedule 1.

f) For item 6 of Schedule 1.

g) For item 9 of Schedule 1.

Total (to Schedule 4. Grand Summary)

Name of Bidder:------------------------------ Signature of Bidder:-------------------------

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Schedule 4. Grand Summary Item Description Total Price (Rs.)

1.

Total Schedule 1: Plant, equipment and mandatory spare parts.

2.

Total Schedule 2: Transportation & insurance

3.

Total Schedule 3: Installation services

GRAND TOTAL (to Bid form)

Name of Bidder:------------------------------ Signature of Bidder:-------------------------

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Schedule 5. Recommended Spare Parts

Item Description Unit Qty.

(1)

Unit Price

EXW (Rs.)

(2)

Total price

(Rs.)

(1x2)

(3)

Transportation including

Insurance.

(4)

Total

Name of Bidder:-------------------- Signature of Bidder:---------------

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Schedule 6. Taxes and Duties (Payable on the main equipment

and mandatory spares)

Item

Description of

Taxes /

duties/ levies

etc.

Rate of

Taxes/

duties/ levies

application

Amount on which

Taxes / duties /

levies applicable

Taxes duties/ levies

payable

Total

Taxes/

duties/

levies

payable

1 2 3 4

5 6

TOTAL-TAXES AND DUTIES

Name of Bidder:----------------------------- Signature of Bidder:------------------------

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4. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT' FOR SUPPLY

OF PLANT AND EQUIPMENT AND THEIR INSTALLATION

NOTE: INSTRUCTIONS INDICATED IN ITALICS IN THIS NOTIFICATION OF

AWARD ARE TO BE TAKEN CARE OF BY THE ISSUING AUTHORITY.

Ref. No. : Date : --------------Contractor's Name & Address)----------------------- ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Attn: Mr.----------------------- Sub: Notification of Award of Contract for Supply and installation (Package Name)--

--------------------------------as pre the specification No.---------------

Dear Sir, 1.0 This has reference to the following :

i) Bid Documents for the subject package issued to you vide our letter no.-------------------------------------dated -----------------------------comprising the following:

---------------(List out all the Sections/Volumes of the Bid Documents along with

Tender drawings etc. as issued to the bidder)----------------------

Errata/Amendment No----------------to------------------(Name of Section/Volumes of

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

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

issued subsequently)

ii) Clarifications furnished to you on the Bid Documents vide our letter no.---------------------dated------------------------based on the query raised by you/one of the

prospective bidders. (Use as applicable)

(Applicable only if any clarification to the Bid Documents has been issued

subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF

BID DOCUMENTS UP TO BID OPENING)

iii) Your Proposal for the subject package submitted vide your letter no.------------ dated------------------- and its modification vide letter no.---------------------------

dated----------------------(Delete if not applicable).

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iv) Our Fax message/letter no.-------------------------------dated-------------------------------- regarding extension of validity of bid and that of the Bank Guarantee towards Bid Security.

(Applicable only if any extension has been sought subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER

CORRESPONDENCE MADE TO OR BY THE BIDDER AFTER BID

OPENING)

v) Our Fax message/letter No.---------------------------dated--------------------------

inviting you for post bid discussions. vi) Post bid discussions and meetings we had with you from ----------------to -------

vii) Clarification/ Confirmation furnished by you vide your letter No.------------------------ dated ------------------------.

2.0 We confirm having accepted your proposal submitted vide letter no.---------------------------

dated ---------------------------and its modification vide letter no---------------------dated

(Delete if not applicable) read in conjunction with all the specifications, terms & conditions of the Bid Documents and Your subsequent letters (Use if relevant) referred to in para 1.0 above and award on you the contract for the work of ----------------------------------(Indicate

brief Scope of Work)-------------------------------------- of -----------------------------(Name of

Package) --------------------- for (Name of Project).---------------------------------- as per Specification No .------------------------------- (hereinafter referred to as the 'First Contract') .

3.0 The total Contract Price for the entire scope of work under the Contract shall be

-----------------(Specify the amount)--------- as per the following break up: i) Ex-manufacturing works/place -----------------------------------------

of despatch price for main Equipment & mandatory spare

ii) Transportation and Insurance ----------------------------------------- iii) Unloading and handling at site, ----------------------------------------- installation, testing and commissioning including performance testing. TOTAL (i+ii+iii) ----------------------------------------- (-------------------(Specify the total amount in words)--------------------------------)

4.0 You shall prepare and finalise the Contract Documents for signing of the formal Contract and shall enter into the Contract with us, as per the proforma enclosed with the Bid Documents, on non-judicial stamp paper of appropriate value within 30 days from the date of this Notification of Award.

5.0 This Notification of Award is being issued to you in duplicate. We request to return its

duplicate copy duly signed and stamped on each page including all the enclosed

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Appendices, by the authorised signatory of your company as a proof of your acknowledgement and confirmation.

Please take the necessary action to commence the work and confirm action. Yours faithfully, For and on behalf of ---------(Name of the Owner)------------- Encl.: As above. (Authorised Signatory)

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5. Form of Contract

THIS CONTRACT AGREEMENT is made the --------------day of -------------------------2012 BETWEEN (1) Himachal Pradesh State Electricity Board Ltd., a body corporate, incorporates under section 5 of Electricity (Supply) Act, 1948 (54 of 1948)] and having its principle place of business at Vidyut Bhawan Shimla 171001 (H.P) (hereinafter called "the Owner"), and (2) [Name of Contractor], a corporation incorporated under the laws of [country of Contractor], and having its principle place of business at [address of Contractor] (hereinafter called "the Contractor"). WHEREAS the owner desires to engage the Contractor to design, manufacture, test deliver, install, complete and commission certain Facilities, viz. [list of facilities] ("the Facilities") and the Contractor have agreed to such engagement upon and subject to the terms and conditions hereinafter appearing. NOW IT IS HEREBY AGREED as follows: - Article 1. Contract 1.1 Contract Documents (Reference GCC Clause 2.0)

Document The following document shall constitute the Contract between the Owner and the Contractor, and each shall be read and construed as an integral part of the Contract:

a) This Contract and the Appendices hereto

b) Notification of Award c) Forms and Procedures

d) Technical Specifications. e) General Conditions of Contract f) The Bid and Price Schedule submitted by the

Contractor 1.2 Order of Precedence (Reference GCC Clause 2.0)

In the event of any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract Documents) above.

1.3 Definitions (Reference GCC Clause 1.0) Capitalised words and phrases used herein shall have the same meanings as are ascribed to them in the General Conditions of Contract.

Article 2. Contract 2.1 Contract Price (Reference GCC Clause 13.0)

Price and The Owner hereby agrees to pay to the Contractor the

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Terms of payments Contractor Price in consideration of the performance by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of: and [amount of Rs. in words], [amount in figures], or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.2 Terms of Payment (Reference GCC Clause 14.0)

The terms and procedures of payment according to which the Owner will reimburse the Contractor are given in Appendix 1 (Terms and Procedures of Payment hereto),

Article 3: Effective 3.1 Effective Date (Reference GCC Clause 1) Date for The Time of Completion of the Facilities shall be

Determining determined from the date of Notification of Award Time for completion provided all of the following conditions have been fulfilled

within a period of two (2) months from the date of said notification of Award:

(a) This Contract has been duly executed for and on

behalf of the Owner and the Contractor.

(b) The Contractor has submitted to the Owner the performance security

(c) Any other conditions shall be added here.

Each party shall use its best efforts to fulfil the above conditions for which it is responsible as soon as practicable.

3.2 If the conditions listed under 3.1 are not fulfilled within two (2) months from the date of Notification of Award because of reasons attributable to the Owner, the Contract would become effective only from the date of fulfilment of all the above mentioned conditions and, the parties shall discuss and agree on an equitable adjustment to the Contract Price and the Time for Completion and/or other relevant conditions of the contract.

Article 4. (This is applicable only if a Owner is a Public Enterprises) It is expressly understood and agreed by and between the

Contractor and the Owner that the Owner 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 Government of Himachal Pradesh and Government 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 Owner is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of India and the general principals of Contract Law. The Contractor expressly agrees, acknowledges and understands that the Owner is not an Agent, Representative or Delegate of the

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Government of Himachal Pradesh/ Government of India. It is further understood and agreed that the Government of Himachal Pradesh/ Government of India is not and shall not be liable for any acts of omissions and commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of Himachal Pradesh/ Government of India arising out of this Contract and covenants not to sue the Government of Himachal Pradesh/ Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this Contract

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

Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly.

IN WITNESS WHEREOF of the Owner and the Contractor have caused this Contract to be duly executed by their duly authorised representatives the day and year first above written. Signed by for and on behalf of the Owner ____________________________________________________ [Signature] ____________________________________________________ [Title] in the presence of ______________________________________ Signed by for and on behalf of the Contractor _________________________________________________________________ [Signature] __________________________________________________________________ [Title] in the presence of ____________________________________________________ CONTRACT AGREEMENT Dated the______________________ day of ________________________ ____________ BETWEEN ____________________________________________________________________________ ["the Owner"]

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and ____________________________________________________________________________ ____________________________________________________________________________ ["the Contractor"] APPENDICES Appendix 1 Terms and Procedures of Payment Appendix 2 Price Adjustment Appendix 3 Insurance Requirements Appendix 4 Time Schedule Appendix 5 List of Approved Sub-Contractors Appendix 6 Functional Guarantees Sample Forms of Appendices 1 to 6 are provided herein. However, since the provisions of

Appendices 1 through 6 would be contract specific, the same may be finalised by the

implementing agencies on a case-to-case basis.

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Appendix-1 Terms of Payment

Schedule no. I : Supply of Plant and Equipment In respect of plant and equipment supplied the following payments shall be made:

A) The 80% payment for material will be made within 45 days after submission of following documents in bound folder:

i) Application for payment in the standard format of the Owner 6

copies.

ii) Supplier’s Invoice showing item description, quantity, unit rate and total amount (6 copies)

iii) Packing list identifying contents of each package (6 copies).

iv) Material dispatch Clearance Certificate (MDCC) issued by the Owner

prior to effecting dispatch (6 copies).

v) Factory Inspection Report, wherever applicable (6 copies).

vi) Insurance Certificate (6 copies).

vii) Manufacture's guarantee Certificate (6 copies).

B) Balance 20% payment for material shall be made after successful installation

& continuous running of the system for 45 days after handing over the system to HPSEBL on submission of following documents in bound folder:

(i) Invoices in triplicate.

(ii) Work Completion Certificate issued by EIC of the work. (iii) Take Over Certificate issued by EIC of the work.

C) PRICES ARE FIRM. Schedule No. 2: Transportation including Transit Insurance.

In respect of local transportation, the following payments shall be made:- Hundred percent (100%) payment shall be made after the delivery of equipment to

the site within forty five (45) days after receipt of invoice.

Schedule No. 3: Installation Services: In respect of installation services, the following payments shall be made:- a) Ninety percent (90%) of the measured value of the work performed by the

Contractor, as identified in the said program of performance, during the preceding

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month, as evidenced by the owner’s authorisation of the Contractor’s application will be made monthly within forty five (45) days after receipt of invoice.

a) Five percent (5%) of the total or pro-rata value of installation services performed by

the contractor as evidenced by the owner’s authorization of the Contractor’s monthly applications upon issue of the Completion Certificate within forty five (45) days after receipt of invoice.

c) Five percent (5%) of the total or pro-rata value of installation service performed by

the Contractor as evidenced by the owner’s authorization of the Contractor’s monthly applications upon issue of the Operational Acceptance Certificate within forty five (45) days after receipt of invoice.

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Appendix-2. Price Adjustment

The Prices are:- “FIXED & FIRM” No Price Variation claim (PVC) is allowed.

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Appendix 3. Insurance Requirements

Insurances to be taken out by the Contractor

In accordance with the provisions of GCC Clause 37.0, the Contractor shall at its expense take out and maintain in effect, or cause to be taken out and maintained in effect, during the performance of the Contract, the insurances set forth below in the sums and with the deductibles and other conditions specified. The identity of the insurers and the form of the policies shall be subject to the approval of the Owner, such approval not to be unreasonably withheld. a) Cargo Insurance

Covering loss or damage occurring, while in transit from the supplier's or manufacturer's works or stores until arrival at the site, to the facilities (including spare parts therefor) and to the construction equipment to be provided by the contractor or its Subcontractors.

Amount Deductible limits Parties insured From

To

b) Installation All Risks insurance

Covering physical loss or damage to the facilities at the site, occurring prior to completion of the facilities, with an extended maintenance coverage for the Contractor's liability in respect of any loss or damage occurring during the defect liability period while the Contractor is on the site for the purpose of performing its obligations during the defect liability period.

Amount Deductible limits Parties insured From

To c) Third Party Liability Insurance

Covering bodily injury or death suffered by third parties (including the Owner's personnel) and loss of or damage to property (including the Owner property and any parts of the facilities that have been accepted by the Owner) occurring in connection with the supply and installation of the facilities.

Amount Deductible limits Parties insured From

To d) Automobile Liability Insurance

Covering use of all vehicles used by the contractor or its subcontractors (whether or not owned by them), in connection with the supply and installation of the facilities. Comprehensive insurance in accordance with statutory requirements.

e) Worker's Compensation

In accordance with the statutory requirements applicable where the facilities or any part thereof is executed.

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f) Owner's Liability

In accordance with the statutory requirements applicable in any country where the facilities or any part thereof is executed.

g) Other Insurances

The Contractor is also required to take out and maintain at its own cost the following insurances:

Details:

Amount Deductible limits Parties insured From To

The Owner shall be named as co-insured under all insurance policies taken out by the contractor pursuant to GCC Sub-Clause 37.1, except for the Third Party Liability, Workers' Compensation and Owner's Liability Insurances, and the Contractor's Subcontractors shall be named as co-insured under all insurance polices taken out by the Contractor pursuant to GCC Sub-Clause 37.1, except for the Cargo, Workers' Compensation and Owner's Liability Insurances. All insurer's rights of subrogation against such co-insured for losses or claims arising out of the performance of the Contract shall be waived under such polices.

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Appendix-4. Completion Time Period

The plant and equipment covered by the bid are to be supplied & installed and

the facilities shall have the commissioning completed within Eight (8) months

from the issue of Notification of award of work. The necessary Programme of

performance to achieve the commissioning within Eight (8) months from the

issue of Notification of award of work to be submitted by the contractor.

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Appendix 5. List of Approved Sub-contractors

Prior to award of Contract, the following details shall be completed, indicating those Subcontractors proposed by the Bidder in the corresponding Attachment to its bid that are approved by the Owner for engagement by the Contractor during he performance of the Contract.

The following Subcontractors are approved for carrying out the item of the facilities indicated. Where more than one Subcontractor is listed, the Contractor is free to choose between them, but it must notify the Owner of its choice in good time prior to appointing any selected Subcontractors. In accordance with GCC Sub-Clause 22, the Contractor is free to submit proposals for Subcontractors for additional items from time to time. No Subcontractors shall be placed with any such Subcontractors for additional items until the Subcontractor have been approved in writing by the Owner and their names have been added to this list of Approved Subcontractors.

Item of Facilities Approved Subcontractors Address

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Appendix 6. Functional Guarantees

1. General

This Appendix sets out

The functional guarantees referred to in GCC Clause 31.0 (Functional Guarantees)

2. Functional Guarantees

All commissioning tests and performance tests shall be treated as absolute guarantee and in the event of failure in any of such test(s), the contractor shall take steps to rectify / replace / modify at its cost the defective component(s) / assembly (ies). The equipments after such rectification / repair shall be re-tested at contractor’s cost at works / site.

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6. Performance Security Form

Bank Guarantee

(To be stamped in accordance with Stamp Act of India). Bank Guarantee No…………………… Date…………………………. To [Owner's name & Address] Dear Sir, In consideration of the ………….[Owner's Name]………..(hereinafter referred to as the 'Owner which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s……..[Contractor's Name}…………with its Registered/Head Office at………..(hereinafter referred to as the Contractor, which expression shall unless repugnant to the context or meaning thereof, include its successors administrators, executors and assigns), a Contract by issue of Owner's Notification of Award No ……………dated ……….and the same having been unequivocally accepted by the contractor, resulting into a Contract bearing No……… dated……….valued at------------- for …… and the contractor having agreed to provide a Contractor Performance Guarantee for the faithful performance of the entire Contract equivalent to ………(*)………….%…….(…….percent) of the said value of the Contract to the Owner. We……..[Name & Address of the Bank]…………..having its Head Office at ……..(hereinafter referred to as the 'Bank', which expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any and all monies payable by the Contractor to the extent of ……………… (*)……………………… as aforesaid at any time upto ……….. (@)…………………[days/month/year] without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Owner on the Bank shall be conclusive and binding notwithstanding any difference between the Owner and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent to the Owner and further agrees that the guarantees herein contained shall continue to be enforceable till the Owner discharges this guarantee. The owner shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to time extend the time for performance of the Contract by the Contractor. The Owner shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Owner and the Contractor or any other course or remedy or security available to the Owner. The bank shall not be released of its obligations under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Owner or any other indulgence shown by the Owner or by any other matter or thing whatsoever which under law would, but for this provision have the effect of relieving the Bank.

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The bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against the bank as a principle debtor, in the first instance without proceeding against contractor and notwithstanding any security or other guarantee the Owner may have in relation to the Contractor's liabilities. Notwithstanding anything contained herein above our liability under this guarantee is restricted to ………………(*) …………….. and it shall remain in force upto and including …………. @………………… and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s……………[Contractor's Name]………….on whose behalf this guarantee has been given. Dated this ………………………..day of ………………2012………..at……………………….. WITNESS

……………………………… (Signature)…………………... (Signature) ……………………………… (Name)……………………….. (Name) ………………………………... ……………………………….. (Designation with Bank

Stamp). ………………………………… (Official Address) ………………………………...

Attorney as per Power of Attorney No…………………..

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

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

2. The stamp papers of appropriate value shall be purchased in the name of guarantee

issuing Bank.

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7. Form of Completion Certificate

Date: --------------------------------------

Contract No: ---------------------------------- [Name of Contract] To: [Name and address of Contractor] Dear Sir, Pursuant to GCC Clause 27 (Completion of the Facilities) of the General Conditions of the Contract entered into between yourselves and the Owner dated [date], relating to the [brief description of the facilities], we hereby notify you that the following parts(s) of the Facilities was (were) complete on the date specified below, and that, in accordance with the terms of the Contract, the Owner hereby takes over the said part(s) of the Facilities on the date mentioned below. 1. Description of the Facilities or part thereof: [description] 2. Date of Completion: [date] However, you are required to complete the outstanding items listed in the attachment hereto as soon as practicable. This letter does not relieve you of your obligation to complete the execution of the Facilities including Guarantee Test(s) in accordance with the Contract nor of your obligations during the Defects Liability Period. Very truly yours, Title (Engineer- in-charge)

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8. Form of Operational Acceptance Certificate

Date: _____________________________ Contract No: ___________________________

[Name of Contract] To: [Name and address of Contractor] Dear Sir, Pursuant to GCC Sub- Clause 28.3 (Operational Acceptance) of the General Conditions of the Contract entered into between yourselves and the Owner dated [date], relating to the [brief description of the facilities], we hereby notify you that the functional guarantees of the following parts(s) of the Facilities were satisfactorily attained on the date specified below .

1. Description of the Facilities or part thereof: [description] 2. Date of Operational Acceptance: [date] This letter does not relieve you of your obligation to complete the execution of the Facilities in accordance with the Contract nor of your obligations during the Defects Liability Period. Very truly yours, Title (Engineer-in-charge)

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9. FORM OF TRUST RECEIPT FOR PLANT, EQUIPMENT AND MATERIALS

RECEIVED

We M/s…………………(Contractor's Name)………………………………………………….. having

our Principle place of business at ……………………………….. Having been awarded a Contract

No…………………………dated………………….. for (Contract Name)………………………… by

Himachal Pradesh State Electricity Board Limited.

We do hereby acknowledge the receipt of the Plant, Equipment and Materials as are fully described and

mentioned under Documents of Title/RR/LR etc. and in the schedule annexed hereto, which shall form

and integral part of this receipt as "Trustee" of Himachal Pradesh State Electricity Board Limited. The

aforesaid materials etc. so received by us shall be exclusive used in the successful performance of the

aforesaid Contract and for no other purpose whatsoever. We undertake not to create any change, lien or

encumbrance over the aforesaid materials etc. in favour of any other person/institution(s)/ Banks.

For M/s………………………………………. (Contractor's Name)

Date : …………………………

(AUTHORISED SIGNATORY) Place: ………………………… SEAL OF COMPANY

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10. FORM OF INDEMNITY BOND TO BE EXECUTED

BY THE CONTRACTOR FOR THE EQUIPMENT

HANDED OVER BY THE OWNER

FOR PERFORMANCE OF ITS CONTRACT

(Entire Equipment Consignment in one lot).

(On non- judicial stamp paper of appropriate value)

INDEMNITY BOND THIS INDEMNITY BOND is made this …………………………………………………………… day of …………………… ………………… by…………………(Contractor's Name) a Company registered under the companies Act, 1956/ Partnership Firm/ proprietary concern having its Registered Office at ………………. (hereinafter called as 'Contractor' or "Obligor' which expression shall include its successors and permitted assigns) in favour of Himachal Pradesh State Electricity Board Limited. Himachal Pradesh State Electricity Board Ltd. having its Registered Office at Vidyut Bhawan Shimla and its project at Bassi & Giri in the State of Himachal Pradesh (India) (hereinafter called' HPSEBL; which expression shall include its successors and assigns); WHEREAS HPSEBL has awarded to the Contractor a contract for----------------------vide its Notification of Award/Contract No.-----------------dated----------------------------and its Amendment No.------------------------------------------and Amendment No.-----------------------------------(applicable when amendments have been issued) (hereinafter called the Contract') in terms of which HPSEBL is required to hand over various Equipment's to the Contractor for execution of the Contract. And WHEREAS by virtue of Clause No.------------------------------of the said Contract, the Contractor is required to execute an indemnity Bond in favour of HPSEBL for the Equipment's handed over to it by HPSEBL for the purpose of performance of the Contract/Erection portion of the contract (hereinafter called the "Equipments"). AND THEREFORE, This indemnity Bond witnesseth as follows: 1. That in consideration of various Equipments as mentioned in the Contract,

valued at ( amount in Figures)------------------------------------------------- (amount in words)----------------------------------------------------------------handed over to the Contractor for the purpose of performance of the contract, the Contractor hereby undertakes to indemnify and shall keep HPSEBL indemnified, for the full value of the Equipment. The contractor hereby acknowledges actual receipt of the equipment etc. as per dispatch title documents handed over to the Contractor as detailed in the Schedule appended hereto. The Contractor shall hold such Equipment etc. in trust as a "Trustee" for and on behalf of HPSEBL.

2. That the contractor is obliged and shall remain absolutely responsible for the

safe transit/ protection and custody of the Equipment at HPSEBL project site against all risks whatsoever till the Equipment's are duly used/erected in accordance with the terms of the Contract and the plant/package duly erected and commissioned in accordance with the terms of the contract is taken over by HPSEBL. The Contractor undertake to keep HPSEBL harmless against any loss or damage that may be caused to the Equipments.

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3. The contractor undertakes that the equipments shall be used exclusively for the performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the equipment shall be utilised for any other work of purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the part of the contractor for all intents and purpose including legal/penal consequences.

4. That HPSEBL is and shall remain the exclusive owner of the equipments free from

all encumbrances, charges or lines of any kind, whatsoever. The Equipment's shall at all items be open to inspection and checking by the Engineer in charge or other employees/agents authorised by him in this regard. Further, HPSEBL shall always be free at all times to take possession of the equipment's in whatever form the equipments may be, if in its opinion, the equipment are likely to be endangered, misutilised or converted to uses other than those specified in the Contract, by any acts, of omission, or commission on the part of the Contractor or any other person or on account of any reason whatsoever and the contractor binds himself and undertakes to comply with the directions of demand of HPSEBL to return the equipments without any demur of reservation.

5. That this Indemnity Bond is irrevocable. If any time any loss or damage occurs to the

equipment's or the same or any part thereof is mis-utilised in any manner whatsoever, then the Contractor hereby agrees that the decision of the Engineer-in-charge of HPSEB as to assessment of loss or damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself and undertakes to replace the lost and/or damaged equipments at its own cost and/or shall pay the amount of loss to HPSEBL without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to HPSEBL against the Contractor under the Contract and under this Indemnity Bond.

6. NOW THE CONDITION of Bond is that if the Contractor shall duly and punctually

comply with the terms and conditions of this Bond to the satisfaction of HPSEBL, THEN, then above Bond shall be void, but otherwise, it shall remain in full force virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised representative under the common seal of the Company, the day month and year first above mentioned.

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SCHEDULE

Particulars of the Quantity Particulars of Value of the Signature

of

Equipments Despatch title Equipments Attorney in

handed over Documents token of

receipt.

RR/GR/

Bill of Carrier

loading

No & Date

For and on behalf of ……………….. WITNESS (Contractor's Name) 1. (i). Signature……………………….. Signature……………………….. (ii). Name …………………………… Name ………………………... (iii). Address ………………………… Designation of ……………. Authorised representative * 2. (i). Signature……………………….. (ii). Name …………………………… (Common Seal) (In case of Company) (iii). Address ………………………… ……………………………………………………………………………………………………… * Indemnity Bond are to be executed by the authorised person and (i) in case of

contracting Company under common seal of the Company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute Indemnity Bond, (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity Bond .

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11. (a) FORM OF AUTHORIZATION LETTER

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

BASSI HYDEL PROJECT

REF. NO.

Date : To. M/s (Contractor's Name)……………………………………………. Ref. : Contract No………………………….. Dated ………………………………. For…………………………… awarded by Himachal Pradesh State Electricity Board Limited. Dear Sirs, Kindly refer to Contract No…………………. dated……………. for ………………(Contract Name) You are hereby authorised on behalf of Himachal Pradesh State Electricity Board Limited having its registered office at Vidyut Bhawan Shimla and its Project Bassi in the State of Himachal Pradesh to take physical delivery of materials/equipment's covered under despatch Document/Consignment Note no……………………. * …………………….dated………………… and as detailed in the enclosed Schedule for the sole purpose of successful performance of the aforesaid contract and for no other purpose, whatsoever.

(Signature of Project Authority)

(Designation : …………………)

Date : …………………….. ENCL : as above …………………………………………………………………………………………………… * Mention LR/RR No.

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11. (b) FORM OF AUTHORIZATION LETTER

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

GIRI HYDEL PROJECT

REF. NO.

Date : To. M/s (Contractor's Name)……………………………………………. Ref. : Contract No………………………….. Dated ………………………………. For…………………………… awarded by Himachal Pradesh State Electricity Board Limited. Dear Sirs, Kindly refer to Contract No…………………. dated……………. for ………………(Contract Name) You are hereby authorised on behalf of Himachal Pradesh State Electricity Board Limited having its registered office at Vidyut Bhawan Shimla and its Project Giri in the State of Himachal Pradesh to take physical delivery of materials/equipment's covered under despatch Document/Consignment Note no……………………. * …………………….dated………………… and as detailed in the enclosed Schedule for the sole purpose of successful performance of the aforesaid contract and for no other purpose, whatsoever.

(Signature of Project Authority)

(Designation : …………………)

Date : …………………….. ENCL : as above …………………………………………………………………………………………………… * Mention LR/RR No.

141

SCHEDULE OF MATERIAL/EQUIPMENT COVERED UNDER

DESPATCH TITLE DOCUMENT (RR NO. LR NO………..)

…………………………………………………………………………………………………

….

Sr. Contract NOA No./ Description of Specification Qty.

Value

No. Name Contract Materials/ No.

Agreement Equipments

No.

…………………………………………………………………………………………………

….

………………………………………………………………………………………………………

(SIGNATURE OF THE PROJECT

AUTHORITY)

(DESIGNATION)…………………………

….

(DATE)……………………………………

….

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12. HAND RECEIPT Payee--------------------------------------------- ( To be filled by Bidder) Chargeable to BH------------------------------- Cash book Vr. No.------------------------------- Pay Cheque/ Cash a sum of Rs.---------------------------- (Rupee-----------------------------------------------------------------) only paid by me. (To be filled by Bidder ) Name of work or purpose for which payment is made --------------------------------------- ----------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------- Signature of Payee.

143

SECTION-V

Technical Specifications

144

INDEX

TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS

CLAUSE NO. PARTICULARS PAGE NO

1.01 Scope of Work 145

1.02 Detailed Scope of Work 145

2.0 Basic Dimensions and Ratings 147 3.0 Performance Criteria and Guarantee 149 4.0 System Frequency 149

5.0 Design and Construction 149 6.0 Alternator 152

7.0 Maintenance Free Battery And Charging System 153

8.0 Instrument Panel 153

9.0 Auxiliary Equipment 154 10.0 Local and Remote Alarm Annunciation 154

11.0 Control 155

12.0 Finish 155

13.0 Quality Control and Assurance 156 14.0 Calculation Requirements 156 15.0 Shop Tests 156 16.0 Installation and Commissioning 156 17.0 Field Tests 157 18.0 Drawings Instruction Manuals 157 19.0 Rating & Diagram Plate 158 20.0 Completeness of Equipment 158 21.0 Tools 158 22.0 Spare Parts 158 23.0 Schedule of Guaranteed Technical particulars for 250kVA &

400kVA Diesel Generating Sets 159 24.0 Recommended additional spare parts 162 25.0 Information to be supplied together with the bid 163

145

SECTION-V: TECHNICAL SPECIFICATIONS

1.00 i) 1 x 250kVA D.G. SET For GIRI (2x30MW) HEP

ii) 1 x 400kVA D.G. SET For BASSI (4x16.5MW) HEP

1.01 Scope of Work This section of the specifications covers the design, manufacture, shop assembly & testing at manufacturer’s works before dispatch, transportation to site / store, comprehensive insurance during transit and complete installation / erection, testing & commissioning at site and handing over to HPSEBL and guarantee for two years and warranting a trouble free safe operation for the following:

A. One (1) no. 250kVA, 3φ , 4 wire 415 Volts, 50Hz 0.8PF Diesel

Generating set, complete with all accessories and equipments including electronic governor, auto starting and auto load transfer facility through programming logic controller, fuel system, cooling system, lubricating system, instruments and wiring for making the equipment complete for emergency supply / black start operation of the power house.

B. One (1) no. 400kVA, 3φ , 4 wire 415 Volts, 50Hz 0.8PF Diesel

Generating set, complete with all accessories and equipments including electronic governor, auto starting and auto load transfer facility through programming logic controller, fuel system, cooling system, lubricating system, instruments and wiring for making the equipment complete for emergency supply / black start operation of the power house.

1.02 Detailed Scope of Supply

A. 250kVA D.G. Set (GIRI HEP)

� One (1) Diesel engine suitable to give an alternator output of 250kVA complete with built in Electronic Governor, fuel system, lubrication system, cooling system, air intake and exhaust system. With 1st fill of Lube Oil & Safeties against:

i) Low Lube Oil Pressure ii) High coolant Temperature iii) Over Speed

� One (1) 250kVA, 3Ø, 415V, 1500rpm, 50Hz alternator with exciter.

� One (1) set of Generating Control Panel consisting of Automatic Voltage Regulator, Automatic main failure starting system, metering and local control etc.

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� One (1) set of MS Base Frame alongwith foundation bolts, Anti Vibration Mounting Pads suitable for above DG Set.

� One (1) set of Battery with leads & Battery Charger (Maintenance Free of Reputed Make) suitable for above DG Set.

� One (1) set of MS Fuel Tank with all accessories suitable for above DG Set.

� Set of spares. � One (1) set of canopy system for sound proof sound pollution control

of the D.G set.

� All special devices, tools, maintenance equipment etc., required for installation, testing, commissioning and maintenance for the above diesel generator set.

One (1) set of auxiliaries not specified above for D.G set but all necessary for the

satisfactory operation of the system.

B. 400kVA D.G. Set (BASSI HEP)

� One (1) Diesel engine suitable to give an alternator output of 400kVA complete with built in Electronic Governor, fuel system, lubrication system, cooling system, air intake and exhaust system. With 1st fill of Lube Oil & Safeties against:

iv) Low Lube Oil Pressure v) High coolant Temperature vi) Over Speed

� One (1) 400kVA, 3Ø, 415V, 1500rpm, 50Hz alternator with exciter.

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� One (1) set of Generating Control Panel consisting of Automatic Voltage Regulator, Automatic main failure starting system, metering and local control etc.

� One (1) set of MS Base Frame along with foundation bolts, Anti Vibration Mounting Pads suitable for above DG Set.

� One (1) set of Battery with leads & Battery Charger (Maintenance Free of Reputed Make) suitable for above DG Set.

� One (1) set of MS Fuel Tank with all accessories suitable for above DG Set.

� Set of spares. � One (1) set of canopy system for sound proof sound pollution control

of the D.G set.

� All special devices, tools, maintenance equipment etc., required for installation, testing, commissioning and maintenance for the above diesel generator set.

One (1) set of auxiliaries not specified above for D.G set but all necessary for the

satisfactory operation of the system.

2.00 Basic Dimensions and Ratings 2.01 Standards

Unless otherwise stated hereafter, ratings, characteristics, tests and test procedure, etc., of the diesel generators shall comply with the latest recommendations of the IEC Publications, BS or equivalent Indian Standards. The material, manufacture, test, design, performance of diesel generating set, its accessories, lubrication oil, engine fuel etc. shall be governed by the following ISS / BSS or equivalent standards:

i) Engine: International standard organization 3046, IS-10000, BS 649 & 5514 of equivalent Indian Standard.

ii) Alternator: IS-4722:68 and BS2613/BS 500 iii) High speed diesel and low speed diesel: IS: 1460-1974 iv) Lubrication: Relevant standards comparable to SAE-40 or its equivalent.

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v) ISO: 1240, 1205 & 2710 vi) Control panels: IS 8623, 4237 & 2147

The generator set and accessories corresponding to any other authoritative standards, which ensure an equivalent or better quality than the standards mentioned above shall also be considered. A copy of such standards must accompany with the bid.

2.02 Ratings and characteristics of the DG Set

Unless otherwise agreed upon the insulation levels and test voltages of equipment and devices shall be as follows: -

For 250kVA & 400kVA DG sets

Engines

- Type Diesel, four stroke

- Power output, continuous rating “A” to DIN 6270

To match rated capacity of generator at rated power factor.

- Overload rating “B” In accordance with DIN 6270 (Internal Combustion Engines, Definitions of Output)

- Speed 1500 rpm

- Altitude of installation for 250kVA DG set

Below EL – 1000.0M (approx.)

- Altitude of installation for 400kVA DG set

Below EL – 2000.0M (approx.)

- Maximum ambient temperature 50 0C & 40 0C

- Cooling system Closed water circuit, separately installed radiators and motor fans.

- Lubrication system Forced feed.

- Fuel supply system By gravity and fuel supply pump

- Starting Electric starter, Suitable DC supplied by own batteries for each DG set.

- Number of cylinders - Rotation as seen from - Overload during test trial. - Piston - Governor - Fly wheel - Battery charger. - Foundation

Adequate Nos. (to be indicated by the supplier). Counter clockwise. 110% for one hour. Aluminium alloy or better material. of Electronic type of adequate capacity. of adequate capacity For engine and alternator arranged for fixed mountings.

Generator:

- Normal voltage 415V + 5%

- No. of phases 3 - Frequency 50 Hz + 3%

149

- Rotational speed 1500rpm

- Electrical system TN according to IEC 364-3

- Rated output Not less then as per requirement

- Power factor (lagging) 0.8

- Class of insulation F

- Temperature rise of windings According to IEC 34-1(resist method)

- Ambient temperature 400C

- Stator winding connection Y-connection Type Self-excited, self-ventilated type

brushless.

Short circuit time ratings 3 seconds

Excitation Self excited self ventilated type in brushless design.

Enclosure Screen protected dust proof and flame proof

Cooling Self ventilated, fan cooled

The generator shall be capable of delivering continuously at full load, rated frequency and power factor and at any voltage between 105% and 95% of rated voltage without any part exceeding the maximum allowable temperature rises. It shall also be capable of operating continuously with 20% unbalanced load. The engine shall be capable of delivering an output of 10% in excess of its rated output at its rated speed for a period of one hour in any period of 12 hours consecutive running, without undue heating of the engine or any other mechanical part.

3.00 Performance Criteria and Guarantee

The 250kVA & 400kVA diesel generator sets along with all accessories shall be capable of performing all intended duties and it is the responsibility of the supplier to supply the equipment as per guaranteed technical particulars.

4.00 SYSTEM FREQUENCY:

The D.G. sets shall be suitable to operate individually with + 0.5% frequency variation from normal frequency of 50 C/S.

5.00 Designs and Construction

5.01 Arrangement Unless otherwise agreed upon the general arrangement shall be as follows: -

- The combined diesel engine and generator with all required accessories shall be mounted on a structural steel base frame and plate. All base plate mounted components shall be completely piped and wired in the shop. Vibration isolation shall be provided for the base plate mounted units and all outgoing pipes and tubes. The diesel engine with the generator shall be engineered and designed to be free from all harmful critical speed within the normal operating range.

- The generator shall be brush less alternator, directly flanged to the

engine, with closed damper cage and reactive current compensator.

150

- The voltage regulator shall be electronic, with means for unattended parallel operation.

- The diesel engine(s) shall be four-stroke.

- The governor shall be of electronic type with adjustable speed droop 0-

10% suitable for each DG sets.

- Suitable lifting lugs shall be provided on each diesel generator assembly.

5.02 DIESEL ENGINES

The engine for 250kVA & 400kVA generating sets shall be 4- stroke with adequate number of cylinders properly arranged, counter, clock wise rotation, 1500 R.P.M maximum continuous, rating at mentioned climatic conditions and having capability of running 10% overload for 1 hour in 12 hours of continuous operation. Since the engines are to run at an altitude below 1000m & at an altitude below 2000m, necessary limitation of derating may be ensured so as not to affect the output in anyway and an out put of 200kW/250kVA & 320kW/400kVA and is available at the terminals of the alternator.

5.03 FUEL

The engine shall be suitable for operation on high speed diesel (HSD) complying with IS: 1460-1995 specifications.

5.04 FUEL OIL SYSTEM

The fuel oil system shall consist of fuel pump for the engine(s), fuel filters, and day storage tank. The tank shall have capacity for 8 hours continuous run with diesel oil and shall be complete with all standard mountings, inlet-outlet connections and floor mounting pedestals.

5.05 FUEL TANK

The fuel tank associated with each generating set should have sufficient capacity to supply the fuel for 8 hours minimum by oil pump having proper filter and strainer. The supplier will mention the consumption of oil at 25%, 50%, 75%, and 100% load per hour for each generating set.

5.06 LUBRICATING OIL

The lubricating oil to be used will be of SAE 40 viscosity class or its equivalent.

5.07 MAIN LUBRICATING OIL SYSTEM

The engine should have a built-in lubrication oil high pressure pump driven by gear train from free lid of the shaft for lubricating oil pressure. The supplier shall provide oil pump of adequate capacity and also mention the average lubricating oil consumption per hour per cylinder. The supplier shall mention the recommended service and maintenance schedule for change of lubricating oil.

5.08 COOLING WATER SYSTEM (JACKET WATER SYSTEM)

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The engine shall be fitted with engine driven centrifugal pump for circulation of jacket water; radiator with fan shall be used for cooling system. The radiator fan shall be blower type and will be driven by the power from the engine itself. The radiator and fan shall be provided with suitable guard. The cooling system shall be equipped with corrosion resistor. The supplier shall mention the quantity of water required for cooling purpose of the engines in the jacket and in radiator.

5.09 Proper turbo charged system shall be fitted at the engine air intake system and

exhaust with silencer/ mufflers system to reduce the noise level to 35dB at a distance of one meter. The exhaust system shall also include rigid or flexible pipe piece in exhaust pipe line, required length of exhaust pipe, supports for exhaust pipe/ silencers, Logging for exhaust pipe and cladding for exhaust silencers.

5.10 SYSTEM EQUIPMENT AND PROTECTION

In order to achieve the schedule output, the engines shall be provided with adequate arrangements of equipment and accessories and shall comprise of chargeable maintenance free batteries of adequate rating/ capacity with chargers, starting equipment, lubricating oil system, radiator, cooling water system, fuel system, exhaust and turbo charging system. Similarly, the engine shall be provided with over speed/ load limiter protection equipment, control and measuring equipment along with the following accessories: - i) Fly wheel ii) Fly wheel housing. iii) Radiator with guard. iv) Fan blower type with guard. v) Oil bath air cleaners. vi) Exhaust turbo chargers. vii) Air coolers. viii) Gear type lubricating oil pump. ix) Lubricating oil filter. x) Lubricating oil cooler. xi) Fuel injection system with injecting pump. xii) Nozzles. xiii) Fuel filer. xiv) Air cleaner. xv) Single stage dry panel type. xvi) Instrument panel, comprising of starting switch with key, lubricating

oil temp. gauge lubricating oil pressure gauge, water temperature, gauge, hour meter (mech.) with R.P.M. Indicator fuel oil level indicator, lubricating oil level indicator and battery charging meter.

xvii) Electric starting equipment comprising of :- a) Chargeable maintenance free batteries of adequate rating/ capacity. b) Adequate No. of flexible heavy-duty battery cables and terminals. c) Starting D.C. motor of suitable rating. d) Battery charging alternator with built-in regulator.

xviii) Safety control (TRIP) against low lubricating oil pressure and high

cooling water temperature and engine over speed. In the event of any

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of the above failures, engine shall stop automatically and alarm displayed on the panel. The annunciation system shall be provided with one common hooter (audible alarm) and separate indication for the following failures for individual engines

- Low Lube.oil pressure. - High coolant temperature. - Over speed. - Alternator fault.

The annunciation shall operate on suitable DC supply. The annunciation system shall be equipped with an alarm cancellation button so that audible alarm can be cancelled while indication shall prevail till the fault is cleared.

5.11 GOVERNOR

The each engines shall be provided with electronic type Governors to maintain the speed change within the values stipulated for class AI governing under BS: 5514 or IEC standard. The governor will have dropping characteristics. It should be possible to control the speed from generator control panel and for this purpose speed/ lower control switches shall be provided for fine speed adjustment.

6.00 ALTERNATOR

Self excited, self ventilated type, in brushless design, with suitable automatic voltage regulator, Automatic main failure starting system, metering and local control etc, 3 phase, 4 wire, 415 volts, 50Hz, 0.8 p.f., 1500 RPM (250kVA& 400kVA) alternator, voltage regulation under normal condition should be + 20%. The alternator shall have F-class insulation and should be suitable for tropical application environment at an altitude below 1000m & at an altitude below 2000m. The alternator rating shall comply with IS-4722-1968/BS 5000(part-99), at given altitude above MSL. The alternator should be screen protected, in dust proof enclosure and should be of continuous rating. The alternator should be with double bearing execution with IP: 23 class protection fitted with 6 thermometers or resistance tem. Detectors in the windings and space heaters (suitable for 230V, single phase AC (supply). The damper winding shall be provided to facilitate the parallel operation, if required.

The engines and alternators shall be coupled directly through a set of flexible couplings and mounted on a rigidly welded M.S base frame of suitable sections alongwith foundation bolts, Anti Vibration Mounting Pads. Coupling guards shall be provided. The ratings and technical requirement of the alternator are as per details given below. Generating Control Panel consisting of Automatic Voltage Regulator, Automatic main failure starting system, metering and local control etc.

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The panel shall be provided with the following relays: 1. a) Over voltage relay b) Under voltage relay only slots and wiring to be provided c) Earth fault relay 2. Digital inputs to SCADA: i) D.G. ON ii) D.G. OFF 3. Under frequency relay 4. Analogue input : current IR, & IB voltage VRN, VBN 5. Speed transducer 0-200mA output.

The panel shall be complete with rust proof paint, all internal wiring with small material labels and with arrangement for termination of incoming and outgoing cables for connections between alternator/panel incoming mains supply and to the load.

7.00 MAINTENANCE FREE BATTERY AND CHARGING SYSTEM: For the starting of individual D.G. set, adequate rated capacity of maintenance free battery of required Amp. Hours rating along with battery chargers shall be provided for each DG set. The battery charger with boost and trickle selection manually be provided. The panel should have the arrangement to read charging current and output D.C. voltage. The battery charger shall have the supply arrangement through the D.G set and main supply. Rated voltage and Amp. Hours capacity of the offered batteries and chargers shall be clearly mentioned in the bid alongwith capacity calculations. The offer without calculations may be rejected.

8.00 Instrument panel

The diesel generator shall have a separate engine instrument panel. The Control panel consisting of Automatic Voltage Regulator, Automatic main failure starting system, metering and local control etc. The panel shall be mounted on the framework of the generating set and shall contain.

- Oil pressure gauge - Water temperature gauge - Oil temperature gauge

A separate freestanding panel containing diesel engine and auxiliary controls shall be provided. The panel shall be complete with all necessary internal wiring, control circuit relays and terminations. All circuit components, control switches, indicator lamps and push buttons shall be clearly identified by nameplates. The following instruments shall be accommodated in the panel: - Ammeter for the battery charger current - Voltmeter for the DC system - All necessary control and supervisory equipment for the automatic

operation of the set.

- All protection equipment i.e. reverse power relay, minimum voltage relay frequency relay.

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The diesel generator circuit breaker and the following instruments will be supplied in a separate cubicle. - Voltmeter with seven position selection switch - Ammeter on each per phase - Frequency meter - KW meter - KWh meter - Measuring converters for current, voltage, power - Running hour meter

9.00 Auxiliary equipment: - The following auxiliary equipment shall be included in the supply:

- The lube oil system shall be including a full flow oil filter and a lube oil cooler. The lube oil cooler shall be water cooled with the main engine cooling system.

- The exhaust system shall include the exhaust pipe and silencer with

flexible connections. The exhaust piping and silencer shall be insulated with temperature resistant insulation with aluminum cover.

- Louvers and outside air grilles for the inlet and outlet air shall be

provided and installed by the contractor. The louvers shall open when the engine starts and stay open during the running time of the engine.

- DC starting system through axial type starter motor, complete with

adequate rated capacity Maintenance Free batteries with battery chargers of Reputed Make suitable for above DG Set, battery racks, and heavy duty interconnecting cables with terminations.

- Heavy duty dry type air filters with replaceable elements suitable for

use in dust or sand laden conditions.

- Starting batteries shall be of adequate capacity. If larger capacity is required for 3 consecutive starting cycles at the most unfavorable conditions, larger batteries have to be installed.

- A static battery charging system, constant voltage current limiting

type. The charging system shall be operated from the AC single-phase supply to maintain charger of the batteries whilst plant is stationary. The system shall be able to cope with at least +/- 10% voltage variation in the supply voltage. In all cases the batteries shall be kept fully charge but protected against overcharging.

- A pre-lubricating pump, with adjustable time between lubrications

e.g.10-99 hours.

- MS Fuel Tank with all accessories suitable for each DG Set. 10.00 Local and remote alarm annunciation: -

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A common audible alarm shall be incorporated in the control panel to operate in event of fault protection shut down. Alarm shall remain in operation until manual reset after fault condition has been corrected. Each alarm shall be identified by its own flag or light.

The common alarm shall be connected to the remote control system. For this purpose a potential free contact shall be provided.

The following alarms shall be included in the common alarm; -

- All alarms included in the shut down of the generator. - Low starting battery voltage - Fail to start in automatic mode.

11.00 Control: -

The diesel generator shall have three different control modes, off, test and automatic. In off mode the diesel generator set shall, if running, stop without time delay and remain stopped. In test mode it shall be possible to manually start the diesel generator directly. Then the automatic starting sequence is energized the generator.

When switching over to automatic mode after a test run the voltage adjuster shall return automatically to the basic setting for emergency operation. In automatic mode the diesel generator shall be automatically started in case of starting signal (power failure), and shall be remained running until a stop signal is given. The diesel generator shall be running for adjustable time for cooling purposes after the generator has been disconnected from the net. In automatic mode the diesel generator shall, if necessary, run 3 automatic attempts to start with a rest period duration recommended by the manufacturer. Start and stop periods shall be time adjustable. If the engine fails to start, the control shall lock the starting procedure, and light an indicating light. A red stop push button shall be provided on the panel for emergency stopping of the diesel generator set. All necessary provisions shall be provided for manual adjustments of the speed and voltage of the diesel generator set on the panel. - The diesel engine shall start if mains power outage is detected on the

LT switchgear and a starting signal has been given by the auxiliaries control system.

- The diesel generator shall supply voltage to the LT switchgear. To

facilitate this connection all breakers shall automatically operate to connected this part of the system, and disconnect parts of the system which may not be supplied with the diesel generator set.

- The contractor may optionally offer another procedure of automatic

mode of operation. 12.00 Finish: -

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The each diesel generator shall be thoroughly cleaned and primed with two coats industrial primer and finished in two coats industrial high gloss paint.

13.00 Quality Control and Assurance: -

The supplier has to supply the equipment for 250kVA & 400kVA diesel generator set of best quality. The supplier has to maintain quality control during manufacturing of equipments per the approved HPSEBL quality assurance plans. The necessary Quality Assurance Program shall be submitted by the bidder for the approval to the owner.

14.0 Calculation Requirements: -

The supplier is required to provide calculations for selecting the engine capacity of each DG set based on the black start / emergency supply of the generating unit / barrage gates / desanding chambers. All calculations shall be submitted to the owner for approval. The calculations for ampere-hours rating and capacity of maintenance free batteries alongwith chargers shall be required to be supplied with the bid by the bidders.

15.0 Shop Tests: -

The each unit shall be load tested in the factory before despatch as per relevant standards. All systems shall be thoroughly checked for correct operation. All faults and control functions and site load conditions shall be simulated and checked. Dielectric test of the generator shall be performed according to Indian Standard / IEC 34-1. All test sheets shall be provided. The contractor shall submit a comprehensive maintenance and test schedule for the complete diesel generator sets which will best serve the purpose of the stand by unit on long time basis.

All the routine / type tests shall be performed with the relevant Indian Standard at the manufacturers works by the owner before dispatch of each DG sets.

16.00 Installation and Commissioning:

The contractor shall furnish all labour, supervision, tools, supplies, and all other provisions or materials necessary to assemble, erect, install, test and commission the equipment in a thorough workman like manner following the best modern practices. The equipment and all its components shall be placed with great care and accuracy and shall be aligned correctly to provide an installation consistent with the close tolerances used in the erection of modern equipment. The proper elevations and centerlines to which equipment is to be set shall be established by the contractor. All necessary materials and labour for performing all the above tests shall be provided by the contractor. All test equipment and instruments shall be

157

furnished by the contractor and will remain the contractor’s property after the fulfillment of all field test. The contractor shall furnish a complete outline of the proposed methods and procedures to be followed on testing of DG sets. The list of equipments and instruments to be used should also be included in the above and submitted to the owner for review at least 60 days before the schedule testing. All civil work required for foundation shall be carried by “other contractors”. The contractor is required to submit all foundation drawings and provide the all supporting steels, plates, nut & bolts etc. well advance required for foundations.

17.00 Field Tests: -

After installation of the equipment and prior to operation of the each diesel generator set, at least the following tests shall be performed: -

- Megger test of insulation between windings, between each winding

and ground, and between control circuit live parts and ground. - Resistance measuring of each winding

- Load test for 2 hours at rated capacity.

- Starting time test.

- Functional tests of all control circuits

- Functional tests of all safety devices

- Vibration test.

The contractor may propose to perform additional tests, which he considers to be advisable or necessary. The cost of performing such tests shall be borne by the contractor. The contractor shall prepare written documents in a form approved by the Engineer of all test results and submit them to the Engineer after performing the field test.

18.00 DRAWINGS INSTRUCTION MANUALS

Soon after the award of supply order, the tender/ manufacturer shall supply the drawings indicating various space requirements, foundation details, all equipment drawings connection/ control diagram etc. Ten copies of approval and making necessary provision at site will be supplied by the successful bidder.

Ten copies of instruction manual covering the following shall also be supplied.

- Operating instruction book.

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- Maintenance manual for engine and alternator and other equipment of importance.

- Spare parts catalogue - Description and maintenance hand book for engine auxiliaries and

local control panels of engine.

19.00 RATING & DIAGRAM PLATE: The each D.G. set shall be provided with a rating plate having all information as per IS requirement and indicating all technical data on if for engine, alternator and panel.

20.00 COMPLETENESS OF EQUIPMENT: Any fittings, accessories of apparatus which may not have been specifically mentioned in these specifications but which usual or necessary for equipment shall be damaged to have been included in the contract. All equipment shall be complete with all details whether such details are mentioned in these specifications or not. Such items will be supplied by the supplier without any extra charges.

21.00 TOOLS:

Supplier shall supply tools & tackles for the maintenance of the equipment in the tender with price of each tool.

22.0 Spare parts: -

The supply shall include the manufacturers mandatory spare parts for the each diesel engine, alternator and electrical switchboard. The spare parts shall be individually labeled and suitably packed to enable long-term storage at site. Standard kits shall be supplied for 2500-hour operating period.

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23.0 Schedule of Guaranteed Technical particulars for 250kVA &

400kVA Diesel Generating sets

ITEM DESIGNATION UNITS VALUES FOR REMARKS

250kVA 400kVA

1.0 Diesel engine

1.1 Manufacturer

1.2 Type designation

1.3 Applicable standards

1.4 Engine net power kW 1.5 Engine net power (rated

continuous output”A”) kW

1.6 Engine overload capacity (output “B”) for one hour

kW

1.7 Radiator capacity kW

1.8 Lubrication oil consumption (max)

1/h

1.9 Fuel consumption

- 100 % load l/kWh

- 75% load 1/kWh

- 50% load 1/kWh

1.10 Air aspiration M3/min

1.11 Cooling air flow M3/min

1.12 Exhaust outlet diameter Mm

1.13 Exhaust flow (total) m3/min

1.14 Exhaust gas temperature 0C

1.15 Engine speed rpm

1.16 Maximum starting time (from starting signal upto full output)

s

2.0 Alternators

2.1 Manufacturer

2.3 Applicable standards

2.4 Rated generator output kVA

2.5 Rated power factor CosØ

2.6 Generator efficiency at rated out put and power factor

%

2.7 Diesel generator set continuous output

kW

2.8 Rated voltage V

2.9 Rated frequency Hz 2.10 Rated speed Rpm

3.0 Starting Maintenance Free

Battery

3.1 Applicable standards

3.2 Battery capacity Volts

3.3 Battery capacity at 270C

- at 10 hours Ah

- at 1 hour Ah

160

- Enough for number of Nos.

consecutive starting cycles of DG set.

3.4 Type of battery

3.5 No. of cells

3.6 Output of each cell. Volt

3.7 Dimensions of each cell. mm

3.8 Total weight of each cell. kg 3.9 Normal charging current Amp.

3.10 Maximum permissible charging current

3.11 Guaranteed life Year

3.12 Expected life Year

4.0 DC battery charger

4.1 Make

4.2 Type

4.3 Applicable standards 4.4 Number of chargers

4.5 AC supply

4.5.1 Voltage

4.5.2 • Number of phases

4.5.3 • Frequency

4.5.4 • Maximum power consumption rated output

4.6 DC output

4.6.1 • Rated output UN

4.6.2 • Adjustable voltage range

4.6.3 • Rated current IN

4.6.4 • Adjustable current range

5.0 Information data

1.0 Diesel engine

1.2 Number of cylinders

1.3 Cylinder bore mm

1.4 Cylinder stroke mm

1.5 Overload capacity

2.0 Generator

2.1 Insulation class of winding

2.2 Winding temperature rise at rated output

0C

2.3 Protection class of enclosure

2.4 Overload capacity

3.0 DG auxiliaries

3.1 Power requirements

- cooling fan motor kW

- fuel oil transfer pump kW

- total power requirements for complete system

kW

3.2 Capacity of day tank 1

161

3.3 Capacity of main oil storage tank

1x103

4.0 Weight

4.1 Weight of complete DG set including base frame

kg

4.2 Weight of

- engine kg

- generator kg

5.0 Dimensions

5.1 Complete diesel generator set including base frame

- length mm - height mm

- width mm

5.2 Radiator heat exchanger

- depth mm

- height mm

- width mm

5.3 Day tank - length mm

- height mm

- width mm

*6.0 Additional Particulars of other Associated Equipments not specified above.

1.0

2.0

3.0

* Bidder may quote all other additional particulars as per our specifications of other associated equipments for DG Set.

162

24.0 Recommended additional spare parts List hereunder the spare parts, which are recommended by the bidder for purchase in addition to the specified spare parts. The purchase of any or all of the recommended spare parts will be at the option of owner. The prices for recommended additional spare parts for years shall therefore not be included in the tender prices.

Item Description PCS Price/PCS

1

2

3

4 5

6

7

8

9

10 11

12

13

14

15

16

17 18

19

20

163

25.00 Information to be supplied together with the bid At least the information listed hereunder shall be given by the Bidder. The Bidder may support advantages in his design of the delivery or of special technical features of his offer by additional documents/ descriptions. 1. Station layout, dimensional details and foundation details for DG set. 2. Pamphlet of proposed DG set with description

• Fuel injection.

• Governor characteristics.

• Voltage regulation.

• Control and protection.

• Description of Engine & Alternator.

• Battery capacity calculations.

• Battery chargers calculations.

• Detail of MS base frame provided for DG set. 3. Control wiring diagram of complete DG set. 4. Detailed description along with layouts of fuel tanks and other

accessories. 5. Description of Generating Control Panel consisting of Automatic

Voltage Regulator, Automatic main failure starting system, metering and local control etc. alongwith dimensional drawings.