76
1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest House, Sr. Executive/ Executive field hostel, Executive/non- executive club and T&HRD complex/HPTI at CPS-I,Khairi. Tender Specification No.:-NH/CPS-I/P&C/W-983/2016-17/303 DATED 21/01/2017 NHPC Office Complex Sector - 33, Faridabad, (Haryana) – 121003 (INDIA)

NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

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Page 1: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

1

NHPC LTD (A Govt of India Enterprise)

TENDER DOCUMENT FOR

HIRING OF SERVICES

FOR

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Tender Specification No-NHCPS-IPampCW-9832016-17303 DATED 21012017

NHPC Office Complex Sector - 33 Faridabad (Haryana) ndash 121003 (INDIA)

िन वदा आम ण ई-सचना(खली) एनएचपीसी िलिमटड चमरा पावर टशन-I क तरफ स यो यअनभवीपजीकत कपनीफ़म या उिचत वग क सीपीडब यड टट पीडब यड रलव एमईएस या कोई अ य सरकार वभागपीएसय क ठकदार ारा िन न काय क िलए ऑनलाइन िन वदा आम त क जाती ह-

I बड सचना सदभ NHCPS-IPampCW-9832016-17303 DATED 21012017

II बड सचना क अनसार काय ववरण RampM of VIP Guest House Sr Executive Executive field

hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

III अनमािनत लागत पय 5026534-(स वस ट स स हत) IV वािछत बड स यट पय 101000-

V िन वदा द तावज़ म य Rs 1000-

VI काय पण होन क अविध 12(बारह) मह न

मह वपण तार ख व समय स तक

a) िन वदा द तावज़ खर द व टडर फ स तथा बड स य रट क तार ख

25012017

1700 बज 24022017

1500 बज

b) ऑनलाइन िन वदा द तावज क तित 25012017

1700 बज 24022017

1500 बज

c) फ़ ज़कल द तावज़ तथा ईएमड व टडर फ स क बद िलफाफ म तित

25012017

1700 बज 26022017

1500 बज

d) ऑनलाइन तकनीक िन वदा खोलन क ितिथ 28022017 1600 बज e) ाइस बड़ खोलन क ितिथ अलग स सचना षत क जाएगी अव थित चमरा पावर टशन-I(3x180MW) एनएचपीसी िलिमटड क एक म य हाइ ो पावर टशन ह जो क हमाचल दश क चबा जला क खर म अव थत एक अ यत क सदर थान ह नजरद क रलव टशन पठानकोट ह जो क पावर टशन स 105 कलोमीटर क दर पर ह नजद क हवाईअ डा पठानकोट व कागड़ा ह जो क यक पावर टशन स 110 कलोमीटर दर ह दसरा नजद क हवाई अ डा ज म व अमतसर ह जो क पावर टशन स कर ब 220 कलोमीटर दर ह

Distribution 1 HOP (BSPS CPS-II CPS-III)

2 Chief Engineer (EampC) CPS-I Khairi 3 Manager (Finance) CPS-I Khairi 4 DCMO CPS-IKhairi

5 Project Vigilance Officer CPS-I Khairi 6 Manager(Tech) Oo General Manager CPS-I Khairi 7 Chief Engineer (C) CPS-I Khairi

8 Dy Commissioner Chamba 9 SDM SE (HPPWD) Dalhousie

10 Contractorrsquos Welfare Association Banikhet

NHPC Limited

(A Govt of India Enterprise)

एन एच पी सी िलिमटड

(भारत सरकार क उधम)

Oo Manager ( Procurement amp Contract) Chamera Power Station Stage-I

PO Khairindash176325Distt Chamba (HP) Ph (01899) 263022 (Off)

Fax (01899) 263022 TIN No 02070400148

E-mail purchasenhpccps1gmailco CIN NoL40101HR1975GOI032564

An ISO 90012008 ISO 140012004 OHSAS 180012007 amp SA 80002008 CERTIFIED POWER STATION

कत एनएचपीसी िलिमटड -SD-

ब धक( व त) पीampसी

11 Notice Board NHPC web site SECTION-0 NOTICE INVITING E-TENDER (NIT)

Online electronic bids for ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

are invited for and on behalf of NHPC Limited from domestic bidders registered in India as briefly described hereunder

I Reference to Bid Specification

NHCPS-IPampCW-9832016-17303 DATED 21012017

II Work covered by the Bid Specification RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

a)Estimated cost of the work

a) Rs 5026534-(Including all taxes) b) Required Tender Fees

b) Rs 1000- in the form of Crossed Demand Draft Bankers Cheque in favour of ldquoNHPC Limited CPS-Irdquo payable at Khairi (SBI Khair- Branch Code 0008844) c) Required Bid Security (EMD) Earnest money Rs 101000- in the form of Crossed Demand Draft Bankers ChequeBG in favour of ldquoNHPC Limited CPS-Irdquo payable at Khairi (SBI Khair- Branch Code 0008844)

d) Work Completion Period 12 Months

e) Required validity of Bid (from the date of opening of Tenders)

120 days

IV Date and time for From At Till a) Sale of Tender Document and bid security date

25012017 1700 बज 24022017 1500 बज

b) Online Bid Submission 25012017 1700 बज 24022017 022017

1500 बज

c) date and time of Receipt of Tender document fees Bid security amp other supporting documents etc in sealed envelope

25012017

1700 बज 26022017

1500 बज

d)Opening of online Techno- Commercial Bid

28022017 1600 बज

V Language of bid English

VI Bid Currency Indian National Rupee (INR)

VII Date of Technical bid opening Will be Intimated Separartely

1 Complete tender can be viewed at wwwnhpcindiacom) Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

E-mail ID- purchasenhpccps1gmailcom

General Conditions

The tender will be published on dated 25012017 Complete tender can be viewed and submitted through wwwnhpcindiacom link on e-procurement Bidders will have to register themselves on the website wwweprocuregovineprocureapp to submit their bids For more details please contact Manager (Elect) Procurement amp Contract Chamera Power Station-I Khairi Distt Chamba (HP) Phone no 01899-263022 Mob No 9816503243 e-mail purchasenhpccps1gmailcom

2 Registration for online bidding Tenderers will have to enroll themselves on wwweprocuregovineprocureapp which is free of charge

The details information regarding online tendering ie Registration on CPP portal Preparation of Bid and Submission of bid are available in the tender document NHPC reserves the right to reject any or all tenders and shall not be bound to assign any reason for such rejection

Important instructions to bidders for online bidding

Online bids (E-tender) under two cover system is hereby invited on behalf of NHPC Ltd Faridabad (A Public Sector Enterprise of the Government of India) (hereinafter referred to as the ldquoEmployerrdquo) from reputed firms for

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairiTender forms to be downloaded from httpeprocuregovineprocureapp 11 This section of the bidding documents provides the information necessary for bidders to prepare online responsive

bids in accordance with the requirements of the Employer It also provides information on online bid submission opening evaluation and contract award

12 INSTRUCTION FOR ONLINE BID SUBMISSION The bidders are required to submit soft copies of their bids electronically on the Central Public Procurement (CPP) Portal ie httpeprocuregovineprocureapp using valid Digital Signature Certificates The instructions given below are meant to assist the bidders in registering on the CPP Portal prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document

121 REGISTRATION

(i) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal by

using the ldquoOnline Bidder Enrollmentrdquo option available on the home page Enrolment on the CPP Portal is free of charge

(ii) During enrolment registration the bidders should provide the correct true information including valid email-id amp mobile no All the correspondence shall be made directly with the contractors bidders through email-id provided

(iii) As part of the enrolment process the bidders will be required to choose a unique username and assign a password for their accounts

(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) is mandatory which can be obtained from SIFYnCodeeMudra or any Certifying Authority recognized by CCA India on eToken SmartCard

(v) Upon enrolment on CPP Portal for e-tendering the bidders shall register their valid Digital Signature Certificate with their profile

(vi) Only one valid DSC should be registered by a bidder Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse and should ensure safety of the same

(vii) Bidders can then log into the site through the secured login by entering their userID password and the password of the DSC eToken

122 PREPARATION OF BIDS

(i) For preparation of bid Bidders shall search the tender from published tender list available on site and

download the complete tender document and should take into account corrigendum if any published before submitting their bids

After selecting the tender document same shall be moved to the lsquoMy Tenderrsquo folder of bidders account from where bidder can view all the details of the tender document

(ii) Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid Bidders shall note the number of covers in which the bid documents have to be submitted the number of documents ndash including the names and content of each of the document that need to be submitted Any deviations from these may lead to rejection of the bid

(iii) Any pre-bid clarifications if required then same may be obtained online through the tender site or through the contact details given in the tender document

(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender

documentschedule in PDFxlsrar dwf formats If there is more than one document they can be clubbed together using rar format

(v) Bidders can update well in advance the documents such as experience certificates annual report PAN EPF

amp other details etc under ldquoMy Spacerdquo option which can be submitted as per tender requirements This will facilitate the bid submission process faster by reducing upload time of bids

123 SUBMISSION OF BIDS

(i) Bidder should log into the site well in advance for bid submission so that he she upload the bid in time ie

on or before the bid submission time (ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT tender

document The details of the DDBCBG physically sent should tally with the details available in the scanned copy and the data entered during bid submission time Otherwise the uploaded bid will be rejected

(iii) While submitting the bids online the bidder shall read the terms amp conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid

(iv) Bidders shall select the payment option as offline to pay the Tender Fee EMD and enter details of the DDBCBG

(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document

(vi) Bidders shall not that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document

(vii) Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document For the file size of less than 1 MB the transaction uploading time will be very fast

(viii) If price quotes are required in XLS format Utmost care shall be taken for uploading Schedule of quantities amp Prices and any change modification of the price schedule shall render it unfit for bidding Bidders shall download the Schedule of Quantities amp Prices ie Schedule-A in XLS format and save it without changing the name of the file Bidder shall quote their rate in figures in the permitted cells thereafter save and upload the file in financial bid cover (Price bid) only If the template of Schedule of Quantities amp Prices file is found to be modified or corrupted in the eventuality by the bidder the bid will be rejected and further dealt as per relevant clause of NIT including forfeiture of EMD

The bidders are cautioned that uploading of financial bid elsewhere for other than in cover 2 in case of two coverpacket system will result in rejection of the tender

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date amp time (as per Server System Clock) The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour

(x) The bidder may choose to revise the bid till the bid submission deadline For any revision of the bid the bidder has to submit it afresh It should be noted that bid once withdrawn by the bidder bidder cannot participate in the same tender again

(xi) After the bid submission (ie after Clicking ldquoFreeze Bid Submissionrdquo in the portal) the bidders shall take

print out of system generated acknowledgement number and keep it as a record of evidence for online submission of bid which will also act as an entry pass to participate in the bid opening

(xii) Bidders should follow the server time being displayed on bidderrsquos dashboard at the top of the tender site

which shall be considered valid for all actions of requesting bid submission bid opening etc in the e-tender system

(xiii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure)

encryption techniques to ensure the secrecy of the data The data entered cannot be viewed by unauthorized persons until the time of bid opening The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology

124 ASSISTANCE TO BIDDERS

(i) Any queries relating to the tender document and the terms and conditions contained therein should be

addressed to the Tender Inviting Authority for a tender or the relevant contract person indicated in the tender

(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk

(iii) Toll Free Number 1800-3070-2232 Mobile Nos 91-7878007972 and 91-7878007973

The bidder shall bear all costs associated with the preparation and submission of its bid and the Purchaser will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process Note Mere download of Bid document by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility criteria Whether the bidder meets the specific eligibility criteria or not shall be checked or ascertained on opening their bids by scrutinizing documentary evidences furnished by them along with their bid

FOUR KEY INSTRUCTIONS for BIDDERS

Note The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to-

i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline

ii) Register your organization on CPPP well in advance of tender submission deadline

iii) Get your organizationrsquos concerned executives trained on CPPP well in advance of tender submission deadline

iv) Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout breakdown etc) While the first three instructions mentioned above are especially relevant to first-time users of portal the fourth instruction is relevant at all times

v) Note Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date amp time NHPC NICCPPP shall not be responsible for any delays problems related to bandwidth connectivity etc which are beyond the control of the NHPC NICCPPPrdquoFor and on behalf of NHPC LtdFor and on behalf of NHPC Ltd

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 2: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

िन वदा आम ण ई-सचना(खली) एनएचपीसी िलिमटड चमरा पावर टशन-I क तरफ स यो यअनभवीपजीकत कपनीफ़म या उिचत वग क सीपीडब यड टट पीडब यड रलव एमईएस या कोई अ य सरकार वभागपीएसय क ठकदार ारा िन न काय क िलए ऑनलाइन िन वदा आम त क जाती ह-

I बड सचना सदभ NHCPS-IPampCW-9832016-17303 DATED 21012017

II बड सचना क अनसार काय ववरण RampM of VIP Guest House Sr Executive Executive field

hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

III अनमािनत लागत पय 5026534-(स वस ट स स हत) IV वािछत बड स यट पय 101000-

V िन वदा द तावज़ म य Rs 1000-

VI काय पण होन क अविध 12(बारह) मह न

मह वपण तार ख व समय स तक

a) िन वदा द तावज़ खर द व टडर फ स तथा बड स य रट क तार ख

25012017

1700 बज 24022017

1500 बज

b) ऑनलाइन िन वदा द तावज क तित 25012017

1700 बज 24022017

1500 बज

c) फ़ ज़कल द तावज़ तथा ईएमड व टडर फ स क बद िलफाफ म तित

25012017

1700 बज 26022017

1500 बज

d) ऑनलाइन तकनीक िन वदा खोलन क ितिथ 28022017 1600 बज e) ाइस बड़ खोलन क ितिथ अलग स सचना षत क जाएगी अव थित चमरा पावर टशन-I(3x180MW) एनएचपीसी िलिमटड क एक म य हाइ ो पावर टशन ह जो क हमाचल दश क चबा जला क खर म अव थत एक अ यत क सदर थान ह नजरद क रलव टशन पठानकोट ह जो क पावर टशन स 105 कलोमीटर क दर पर ह नजद क हवाईअ डा पठानकोट व कागड़ा ह जो क यक पावर टशन स 110 कलोमीटर दर ह दसरा नजद क हवाई अ डा ज म व अमतसर ह जो क पावर टशन स कर ब 220 कलोमीटर दर ह

Distribution 1 HOP (BSPS CPS-II CPS-III)

2 Chief Engineer (EampC) CPS-I Khairi 3 Manager (Finance) CPS-I Khairi 4 DCMO CPS-IKhairi

5 Project Vigilance Officer CPS-I Khairi 6 Manager(Tech) Oo General Manager CPS-I Khairi 7 Chief Engineer (C) CPS-I Khairi

8 Dy Commissioner Chamba 9 SDM SE (HPPWD) Dalhousie

10 Contractorrsquos Welfare Association Banikhet

NHPC Limited

(A Govt of India Enterprise)

एन एच पी सी िलिमटड

(भारत सरकार क उधम)

Oo Manager ( Procurement amp Contract) Chamera Power Station Stage-I

PO Khairindash176325Distt Chamba (HP) Ph (01899) 263022 (Off)

Fax (01899) 263022 TIN No 02070400148

E-mail purchasenhpccps1gmailco CIN NoL40101HR1975GOI032564

An ISO 90012008 ISO 140012004 OHSAS 180012007 amp SA 80002008 CERTIFIED POWER STATION

कत एनएचपीसी िलिमटड -SD-

ब धक( व त) पीampसी

11 Notice Board NHPC web site SECTION-0 NOTICE INVITING E-TENDER (NIT)

Online electronic bids for ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

are invited for and on behalf of NHPC Limited from domestic bidders registered in India as briefly described hereunder

I Reference to Bid Specification

NHCPS-IPampCW-9832016-17303 DATED 21012017

II Work covered by the Bid Specification RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

a)Estimated cost of the work

a) Rs 5026534-(Including all taxes) b) Required Tender Fees

b) Rs 1000- in the form of Crossed Demand Draft Bankers Cheque in favour of ldquoNHPC Limited CPS-Irdquo payable at Khairi (SBI Khair- Branch Code 0008844) c) Required Bid Security (EMD) Earnest money Rs 101000- in the form of Crossed Demand Draft Bankers ChequeBG in favour of ldquoNHPC Limited CPS-Irdquo payable at Khairi (SBI Khair- Branch Code 0008844)

d) Work Completion Period 12 Months

e) Required validity of Bid (from the date of opening of Tenders)

120 days

IV Date and time for From At Till a) Sale of Tender Document and bid security date

25012017 1700 बज 24022017 1500 बज

b) Online Bid Submission 25012017 1700 बज 24022017 022017

1500 बज

c) date and time of Receipt of Tender document fees Bid security amp other supporting documents etc in sealed envelope

25012017

1700 बज 26022017

1500 बज

d)Opening of online Techno- Commercial Bid

28022017 1600 बज

V Language of bid English

VI Bid Currency Indian National Rupee (INR)

VII Date of Technical bid opening Will be Intimated Separartely

1 Complete tender can be viewed at wwwnhpcindiacom) Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

E-mail ID- purchasenhpccps1gmailcom

General Conditions

The tender will be published on dated 25012017 Complete tender can be viewed and submitted through wwwnhpcindiacom link on e-procurement Bidders will have to register themselves on the website wwweprocuregovineprocureapp to submit their bids For more details please contact Manager (Elect) Procurement amp Contract Chamera Power Station-I Khairi Distt Chamba (HP) Phone no 01899-263022 Mob No 9816503243 e-mail purchasenhpccps1gmailcom

2 Registration for online bidding Tenderers will have to enroll themselves on wwweprocuregovineprocureapp which is free of charge

The details information regarding online tendering ie Registration on CPP portal Preparation of Bid and Submission of bid are available in the tender document NHPC reserves the right to reject any or all tenders and shall not be bound to assign any reason for such rejection

Important instructions to bidders for online bidding

Online bids (E-tender) under two cover system is hereby invited on behalf of NHPC Ltd Faridabad (A Public Sector Enterprise of the Government of India) (hereinafter referred to as the ldquoEmployerrdquo) from reputed firms for

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairiTender forms to be downloaded from httpeprocuregovineprocureapp 11 This section of the bidding documents provides the information necessary for bidders to prepare online responsive

bids in accordance with the requirements of the Employer It also provides information on online bid submission opening evaluation and contract award

12 INSTRUCTION FOR ONLINE BID SUBMISSION The bidders are required to submit soft copies of their bids electronically on the Central Public Procurement (CPP) Portal ie httpeprocuregovineprocureapp using valid Digital Signature Certificates The instructions given below are meant to assist the bidders in registering on the CPP Portal prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document

121 REGISTRATION

(i) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal by

using the ldquoOnline Bidder Enrollmentrdquo option available on the home page Enrolment on the CPP Portal is free of charge

(ii) During enrolment registration the bidders should provide the correct true information including valid email-id amp mobile no All the correspondence shall be made directly with the contractors bidders through email-id provided

(iii) As part of the enrolment process the bidders will be required to choose a unique username and assign a password for their accounts

(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) is mandatory which can be obtained from SIFYnCodeeMudra or any Certifying Authority recognized by CCA India on eToken SmartCard

(v) Upon enrolment on CPP Portal for e-tendering the bidders shall register their valid Digital Signature Certificate with their profile

(vi) Only one valid DSC should be registered by a bidder Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse and should ensure safety of the same

(vii) Bidders can then log into the site through the secured login by entering their userID password and the password of the DSC eToken

122 PREPARATION OF BIDS

(i) For preparation of bid Bidders shall search the tender from published tender list available on site and

download the complete tender document and should take into account corrigendum if any published before submitting their bids

After selecting the tender document same shall be moved to the lsquoMy Tenderrsquo folder of bidders account from where bidder can view all the details of the tender document

(ii) Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid Bidders shall note the number of covers in which the bid documents have to be submitted the number of documents ndash including the names and content of each of the document that need to be submitted Any deviations from these may lead to rejection of the bid

(iii) Any pre-bid clarifications if required then same may be obtained online through the tender site or through the contact details given in the tender document

(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender

documentschedule in PDFxlsrar dwf formats If there is more than one document they can be clubbed together using rar format

(v) Bidders can update well in advance the documents such as experience certificates annual report PAN EPF

amp other details etc under ldquoMy Spacerdquo option which can be submitted as per tender requirements This will facilitate the bid submission process faster by reducing upload time of bids

123 SUBMISSION OF BIDS

(i) Bidder should log into the site well in advance for bid submission so that he she upload the bid in time ie

on or before the bid submission time (ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT tender

document The details of the DDBCBG physically sent should tally with the details available in the scanned copy and the data entered during bid submission time Otherwise the uploaded bid will be rejected

(iii) While submitting the bids online the bidder shall read the terms amp conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid

(iv) Bidders shall select the payment option as offline to pay the Tender Fee EMD and enter details of the DDBCBG

(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document

(vi) Bidders shall not that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document

(vii) Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document For the file size of less than 1 MB the transaction uploading time will be very fast

(viii) If price quotes are required in XLS format Utmost care shall be taken for uploading Schedule of quantities amp Prices and any change modification of the price schedule shall render it unfit for bidding Bidders shall download the Schedule of Quantities amp Prices ie Schedule-A in XLS format and save it without changing the name of the file Bidder shall quote their rate in figures in the permitted cells thereafter save and upload the file in financial bid cover (Price bid) only If the template of Schedule of Quantities amp Prices file is found to be modified or corrupted in the eventuality by the bidder the bid will be rejected and further dealt as per relevant clause of NIT including forfeiture of EMD

The bidders are cautioned that uploading of financial bid elsewhere for other than in cover 2 in case of two coverpacket system will result in rejection of the tender

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date amp time (as per Server System Clock) The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour

(x) The bidder may choose to revise the bid till the bid submission deadline For any revision of the bid the bidder has to submit it afresh It should be noted that bid once withdrawn by the bidder bidder cannot participate in the same tender again

(xi) After the bid submission (ie after Clicking ldquoFreeze Bid Submissionrdquo in the portal) the bidders shall take

print out of system generated acknowledgement number and keep it as a record of evidence for online submission of bid which will also act as an entry pass to participate in the bid opening

(xii) Bidders should follow the server time being displayed on bidderrsquos dashboard at the top of the tender site

which shall be considered valid for all actions of requesting bid submission bid opening etc in the e-tender system

(xiii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure)

encryption techniques to ensure the secrecy of the data The data entered cannot be viewed by unauthorized persons until the time of bid opening The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology

124 ASSISTANCE TO BIDDERS

(i) Any queries relating to the tender document and the terms and conditions contained therein should be

addressed to the Tender Inviting Authority for a tender or the relevant contract person indicated in the tender

(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk

(iii) Toll Free Number 1800-3070-2232 Mobile Nos 91-7878007972 and 91-7878007973

The bidder shall bear all costs associated with the preparation and submission of its bid and the Purchaser will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process Note Mere download of Bid document by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility criteria Whether the bidder meets the specific eligibility criteria or not shall be checked or ascertained on opening their bids by scrutinizing documentary evidences furnished by them along with their bid

FOUR KEY INSTRUCTIONS for BIDDERS

Note The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to-

i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline

ii) Register your organization on CPPP well in advance of tender submission deadline

iii) Get your organizationrsquos concerned executives trained on CPPP well in advance of tender submission deadline

iv) Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout breakdown etc) While the first three instructions mentioned above are especially relevant to first-time users of portal the fourth instruction is relevant at all times

v) Note Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date amp time NHPC NICCPPP shall not be responsible for any delays problems related to bandwidth connectivity etc which are beyond the control of the NHPC NICCPPPrdquoFor and on behalf of NHPC LtdFor and on behalf of NHPC Ltd

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 3: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

11 Notice Board NHPC web site SECTION-0 NOTICE INVITING E-TENDER (NIT)

Online electronic bids for ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

are invited for and on behalf of NHPC Limited from domestic bidders registered in India as briefly described hereunder

I Reference to Bid Specification

NHCPS-IPampCW-9832016-17303 DATED 21012017

II Work covered by the Bid Specification RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

a)Estimated cost of the work

a) Rs 5026534-(Including all taxes) b) Required Tender Fees

b) Rs 1000- in the form of Crossed Demand Draft Bankers Cheque in favour of ldquoNHPC Limited CPS-Irdquo payable at Khairi (SBI Khair- Branch Code 0008844) c) Required Bid Security (EMD) Earnest money Rs 101000- in the form of Crossed Demand Draft Bankers ChequeBG in favour of ldquoNHPC Limited CPS-Irdquo payable at Khairi (SBI Khair- Branch Code 0008844)

d) Work Completion Period 12 Months

e) Required validity of Bid (from the date of opening of Tenders)

120 days

IV Date and time for From At Till a) Sale of Tender Document and bid security date

25012017 1700 बज 24022017 1500 बज

b) Online Bid Submission 25012017 1700 बज 24022017 022017

1500 बज

c) date and time of Receipt of Tender document fees Bid security amp other supporting documents etc in sealed envelope

25012017

1700 बज 26022017

1500 बज

d)Opening of online Techno- Commercial Bid

28022017 1600 बज

V Language of bid English

VI Bid Currency Indian National Rupee (INR)

VII Date of Technical bid opening Will be Intimated Separartely

1 Complete tender can be viewed at wwwnhpcindiacom) Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

E-mail ID- purchasenhpccps1gmailcom

General Conditions

The tender will be published on dated 25012017 Complete tender can be viewed and submitted through wwwnhpcindiacom link on e-procurement Bidders will have to register themselves on the website wwweprocuregovineprocureapp to submit their bids For more details please contact Manager (Elect) Procurement amp Contract Chamera Power Station-I Khairi Distt Chamba (HP) Phone no 01899-263022 Mob No 9816503243 e-mail purchasenhpccps1gmailcom

2 Registration for online bidding Tenderers will have to enroll themselves on wwweprocuregovineprocureapp which is free of charge

The details information regarding online tendering ie Registration on CPP portal Preparation of Bid and Submission of bid are available in the tender document NHPC reserves the right to reject any or all tenders and shall not be bound to assign any reason for such rejection

Important instructions to bidders for online bidding

Online bids (E-tender) under two cover system is hereby invited on behalf of NHPC Ltd Faridabad (A Public Sector Enterprise of the Government of India) (hereinafter referred to as the ldquoEmployerrdquo) from reputed firms for

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairiTender forms to be downloaded from httpeprocuregovineprocureapp 11 This section of the bidding documents provides the information necessary for bidders to prepare online responsive

bids in accordance with the requirements of the Employer It also provides information on online bid submission opening evaluation and contract award

12 INSTRUCTION FOR ONLINE BID SUBMISSION The bidders are required to submit soft copies of their bids electronically on the Central Public Procurement (CPP) Portal ie httpeprocuregovineprocureapp using valid Digital Signature Certificates The instructions given below are meant to assist the bidders in registering on the CPP Portal prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document

121 REGISTRATION

(i) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal by

using the ldquoOnline Bidder Enrollmentrdquo option available on the home page Enrolment on the CPP Portal is free of charge

(ii) During enrolment registration the bidders should provide the correct true information including valid email-id amp mobile no All the correspondence shall be made directly with the contractors bidders through email-id provided

(iii) As part of the enrolment process the bidders will be required to choose a unique username and assign a password for their accounts

(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) is mandatory which can be obtained from SIFYnCodeeMudra or any Certifying Authority recognized by CCA India on eToken SmartCard

(v) Upon enrolment on CPP Portal for e-tendering the bidders shall register their valid Digital Signature Certificate with their profile

(vi) Only one valid DSC should be registered by a bidder Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse and should ensure safety of the same

(vii) Bidders can then log into the site through the secured login by entering their userID password and the password of the DSC eToken

122 PREPARATION OF BIDS

(i) For preparation of bid Bidders shall search the tender from published tender list available on site and

download the complete tender document and should take into account corrigendum if any published before submitting their bids

After selecting the tender document same shall be moved to the lsquoMy Tenderrsquo folder of bidders account from where bidder can view all the details of the tender document

(ii) Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid Bidders shall note the number of covers in which the bid documents have to be submitted the number of documents ndash including the names and content of each of the document that need to be submitted Any deviations from these may lead to rejection of the bid

(iii) Any pre-bid clarifications if required then same may be obtained online through the tender site or through the contact details given in the tender document

(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender

documentschedule in PDFxlsrar dwf formats If there is more than one document they can be clubbed together using rar format

(v) Bidders can update well in advance the documents such as experience certificates annual report PAN EPF

amp other details etc under ldquoMy Spacerdquo option which can be submitted as per tender requirements This will facilitate the bid submission process faster by reducing upload time of bids

123 SUBMISSION OF BIDS

(i) Bidder should log into the site well in advance for bid submission so that he she upload the bid in time ie

on or before the bid submission time (ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT tender

document The details of the DDBCBG physically sent should tally with the details available in the scanned copy and the data entered during bid submission time Otherwise the uploaded bid will be rejected

(iii) While submitting the bids online the bidder shall read the terms amp conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid

(iv) Bidders shall select the payment option as offline to pay the Tender Fee EMD and enter details of the DDBCBG

(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document

(vi) Bidders shall not that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document

(vii) Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document For the file size of less than 1 MB the transaction uploading time will be very fast

(viii) If price quotes are required in XLS format Utmost care shall be taken for uploading Schedule of quantities amp Prices and any change modification of the price schedule shall render it unfit for bidding Bidders shall download the Schedule of Quantities amp Prices ie Schedule-A in XLS format and save it without changing the name of the file Bidder shall quote their rate in figures in the permitted cells thereafter save and upload the file in financial bid cover (Price bid) only If the template of Schedule of Quantities amp Prices file is found to be modified or corrupted in the eventuality by the bidder the bid will be rejected and further dealt as per relevant clause of NIT including forfeiture of EMD

The bidders are cautioned that uploading of financial bid elsewhere for other than in cover 2 in case of two coverpacket system will result in rejection of the tender

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date amp time (as per Server System Clock) The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour

(x) The bidder may choose to revise the bid till the bid submission deadline For any revision of the bid the bidder has to submit it afresh It should be noted that bid once withdrawn by the bidder bidder cannot participate in the same tender again

(xi) After the bid submission (ie after Clicking ldquoFreeze Bid Submissionrdquo in the portal) the bidders shall take

print out of system generated acknowledgement number and keep it as a record of evidence for online submission of bid which will also act as an entry pass to participate in the bid opening

(xii) Bidders should follow the server time being displayed on bidderrsquos dashboard at the top of the tender site

which shall be considered valid for all actions of requesting bid submission bid opening etc in the e-tender system

(xiii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure)

encryption techniques to ensure the secrecy of the data The data entered cannot be viewed by unauthorized persons until the time of bid opening The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology

124 ASSISTANCE TO BIDDERS

(i) Any queries relating to the tender document and the terms and conditions contained therein should be

addressed to the Tender Inviting Authority for a tender or the relevant contract person indicated in the tender

(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk

(iii) Toll Free Number 1800-3070-2232 Mobile Nos 91-7878007972 and 91-7878007973

The bidder shall bear all costs associated with the preparation and submission of its bid and the Purchaser will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process Note Mere download of Bid document by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility criteria Whether the bidder meets the specific eligibility criteria or not shall be checked or ascertained on opening their bids by scrutinizing documentary evidences furnished by them along with their bid

FOUR KEY INSTRUCTIONS for BIDDERS

Note The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to-

i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline

ii) Register your organization on CPPP well in advance of tender submission deadline

iii) Get your organizationrsquos concerned executives trained on CPPP well in advance of tender submission deadline

iv) Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout breakdown etc) While the first three instructions mentioned above are especially relevant to first-time users of portal the fourth instruction is relevant at all times

v) Note Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date amp time NHPC NICCPPP shall not be responsible for any delays problems related to bandwidth connectivity etc which are beyond the control of the NHPC NICCPPPrdquoFor and on behalf of NHPC LtdFor and on behalf of NHPC Ltd

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 4: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

E-mail ID- purchasenhpccps1gmailcom

General Conditions

The tender will be published on dated 25012017 Complete tender can be viewed and submitted through wwwnhpcindiacom link on e-procurement Bidders will have to register themselves on the website wwweprocuregovineprocureapp to submit their bids For more details please contact Manager (Elect) Procurement amp Contract Chamera Power Station-I Khairi Distt Chamba (HP) Phone no 01899-263022 Mob No 9816503243 e-mail purchasenhpccps1gmailcom

2 Registration for online bidding Tenderers will have to enroll themselves on wwweprocuregovineprocureapp which is free of charge

The details information regarding online tendering ie Registration on CPP portal Preparation of Bid and Submission of bid are available in the tender document NHPC reserves the right to reject any or all tenders and shall not be bound to assign any reason for such rejection

Important instructions to bidders for online bidding

Online bids (E-tender) under two cover system is hereby invited on behalf of NHPC Ltd Faridabad (A Public Sector Enterprise of the Government of India) (hereinafter referred to as the ldquoEmployerrdquo) from reputed firms for

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairiTender forms to be downloaded from httpeprocuregovineprocureapp 11 This section of the bidding documents provides the information necessary for bidders to prepare online responsive

bids in accordance with the requirements of the Employer It also provides information on online bid submission opening evaluation and contract award

12 INSTRUCTION FOR ONLINE BID SUBMISSION The bidders are required to submit soft copies of their bids electronically on the Central Public Procurement (CPP) Portal ie httpeprocuregovineprocureapp using valid Digital Signature Certificates The instructions given below are meant to assist the bidders in registering on the CPP Portal prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document

121 REGISTRATION

(i) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal by

using the ldquoOnline Bidder Enrollmentrdquo option available on the home page Enrolment on the CPP Portal is free of charge

(ii) During enrolment registration the bidders should provide the correct true information including valid email-id amp mobile no All the correspondence shall be made directly with the contractors bidders through email-id provided

(iii) As part of the enrolment process the bidders will be required to choose a unique username and assign a password for their accounts

(iv) For e-tendering possession of valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) is mandatory which can be obtained from SIFYnCodeeMudra or any Certifying Authority recognized by CCA India on eToken SmartCard

(v) Upon enrolment on CPP Portal for e-tendering the bidders shall register their valid Digital Signature Certificate with their profile

(vi) Only one valid DSC should be registered by a bidder Bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse and should ensure safety of the same

(vii) Bidders can then log into the site through the secured login by entering their userID password and the password of the DSC eToken

122 PREPARATION OF BIDS

(i) For preparation of bid Bidders shall search the tender from published tender list available on site and

download the complete tender document and should take into account corrigendum if any published before submitting their bids

After selecting the tender document same shall be moved to the lsquoMy Tenderrsquo folder of bidders account from where bidder can view all the details of the tender document

(ii) Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid Bidders shall note the number of covers in which the bid documents have to be submitted the number of documents ndash including the names and content of each of the document that need to be submitted Any deviations from these may lead to rejection of the bid

(iii) Any pre-bid clarifications if required then same may be obtained online through the tender site or through the contact details given in the tender document

(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender

documentschedule in PDFxlsrar dwf formats If there is more than one document they can be clubbed together using rar format

(v) Bidders can update well in advance the documents such as experience certificates annual report PAN EPF

amp other details etc under ldquoMy Spacerdquo option which can be submitted as per tender requirements This will facilitate the bid submission process faster by reducing upload time of bids

123 SUBMISSION OF BIDS

(i) Bidder should log into the site well in advance for bid submission so that he she upload the bid in time ie

on or before the bid submission time (ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT tender

document The details of the DDBCBG physically sent should tally with the details available in the scanned copy and the data entered during bid submission time Otherwise the uploaded bid will be rejected

(iii) While submitting the bids online the bidder shall read the terms amp conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid

(iv) Bidders shall select the payment option as offline to pay the Tender Fee EMD and enter details of the DDBCBG

(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document

(vi) Bidders shall not that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document

(vii) Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document For the file size of less than 1 MB the transaction uploading time will be very fast

(viii) If price quotes are required in XLS format Utmost care shall be taken for uploading Schedule of quantities amp Prices and any change modification of the price schedule shall render it unfit for bidding Bidders shall download the Schedule of Quantities amp Prices ie Schedule-A in XLS format and save it without changing the name of the file Bidder shall quote their rate in figures in the permitted cells thereafter save and upload the file in financial bid cover (Price bid) only If the template of Schedule of Quantities amp Prices file is found to be modified or corrupted in the eventuality by the bidder the bid will be rejected and further dealt as per relevant clause of NIT including forfeiture of EMD

The bidders are cautioned that uploading of financial bid elsewhere for other than in cover 2 in case of two coverpacket system will result in rejection of the tender

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date amp time (as per Server System Clock) The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour

(x) The bidder may choose to revise the bid till the bid submission deadline For any revision of the bid the bidder has to submit it afresh It should be noted that bid once withdrawn by the bidder bidder cannot participate in the same tender again

(xi) After the bid submission (ie after Clicking ldquoFreeze Bid Submissionrdquo in the portal) the bidders shall take

print out of system generated acknowledgement number and keep it as a record of evidence for online submission of bid which will also act as an entry pass to participate in the bid opening

(xii) Bidders should follow the server time being displayed on bidderrsquos dashboard at the top of the tender site

which shall be considered valid for all actions of requesting bid submission bid opening etc in the e-tender system

(xiii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure)

encryption techniques to ensure the secrecy of the data The data entered cannot be viewed by unauthorized persons until the time of bid opening The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology

124 ASSISTANCE TO BIDDERS

(i) Any queries relating to the tender document and the terms and conditions contained therein should be

addressed to the Tender Inviting Authority for a tender or the relevant contract person indicated in the tender

(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk

(iii) Toll Free Number 1800-3070-2232 Mobile Nos 91-7878007972 and 91-7878007973

The bidder shall bear all costs associated with the preparation and submission of its bid and the Purchaser will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process Note Mere download of Bid document by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility criteria Whether the bidder meets the specific eligibility criteria or not shall be checked or ascertained on opening their bids by scrutinizing documentary evidences furnished by them along with their bid

FOUR KEY INSTRUCTIONS for BIDDERS

Note The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to-

i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline

ii) Register your organization on CPPP well in advance of tender submission deadline

iii) Get your organizationrsquos concerned executives trained on CPPP well in advance of tender submission deadline

iv) Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout breakdown etc) While the first three instructions mentioned above are especially relevant to first-time users of portal the fourth instruction is relevant at all times

v) Note Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date amp time NHPC NICCPPP shall not be responsible for any delays problems related to bandwidth connectivity etc which are beyond the control of the NHPC NICCPPPrdquoFor and on behalf of NHPC LtdFor and on behalf of NHPC Ltd

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 5: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

(vii) Bidders can then log into the site through the secured login by entering their userID password and the password of the DSC eToken

122 PREPARATION OF BIDS

(i) For preparation of bid Bidders shall search the tender from published tender list available on site and

download the complete tender document and should take into account corrigendum if any published before submitting their bids

After selecting the tender document same shall be moved to the lsquoMy Tenderrsquo folder of bidders account from where bidder can view all the details of the tender document

(ii) Bidder shall go through the tender document carefully to understand the documents required to be submitted as part of the bid Bidders shall note the number of covers in which the bid documents have to be submitted the number of documents ndash including the names and content of each of the document that need to be submitted Any deviations from these may lead to rejection of the bid

(iii) Any pre-bid clarifications if required then same may be obtained online through the tender site or through the contact details given in the tender document

(iv) Bidders should get ready in advance the bid documents to be submitted as indicated in the tender

documentschedule in PDFxlsrar dwf formats If there is more than one document they can be clubbed together using rar format

(v) Bidders can update well in advance the documents such as experience certificates annual report PAN EPF

amp other details etc under ldquoMy Spacerdquo option which can be submitted as per tender requirements This will facilitate the bid submission process faster by reducing upload time of bids

123 SUBMISSION OF BIDS

(i) Bidder should log into the site well in advance for bid submission so that he she upload the bid in time ie

on or before the bid submission time (ii) Bidder should prepare the Tender Fee and EMD as per the instructions specified in the NIT tender

document The details of the DDBCBG physically sent should tally with the details available in the scanned copy and the data entered during bid submission time Otherwise the uploaded bid will be rejected

(iii) While submitting the bids online the bidder shall read the terms amp conditions (of CPP portal) and accepts the same in order to proceed further to submit their bid

(iv) Bidders shall select the payment option as offline to pay the Tender Fee EMD and enter details of the DDBCBG

(v) Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document

(vi) Bidders shall not that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document

(vii) Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document For the file size of less than 1 MB the transaction uploading time will be very fast

(viii) If price quotes are required in XLS format Utmost care shall be taken for uploading Schedule of quantities amp Prices and any change modification of the price schedule shall render it unfit for bidding Bidders shall download the Schedule of Quantities amp Prices ie Schedule-A in XLS format and save it without changing the name of the file Bidder shall quote their rate in figures in the permitted cells thereafter save and upload the file in financial bid cover (Price bid) only If the template of Schedule of Quantities amp Prices file is found to be modified or corrupted in the eventuality by the bidder the bid will be rejected and further dealt as per relevant clause of NIT including forfeiture of EMD

The bidders are cautioned that uploading of financial bid elsewhere for other than in cover 2 in case of two coverpacket system will result in rejection of the tender

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date amp time (as per Server System Clock) The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour

(x) The bidder may choose to revise the bid till the bid submission deadline For any revision of the bid the bidder has to submit it afresh It should be noted that bid once withdrawn by the bidder bidder cannot participate in the same tender again

(xi) After the bid submission (ie after Clicking ldquoFreeze Bid Submissionrdquo in the portal) the bidders shall take

print out of system generated acknowledgement number and keep it as a record of evidence for online submission of bid which will also act as an entry pass to participate in the bid opening

(xii) Bidders should follow the server time being displayed on bidderrsquos dashboard at the top of the tender site

which shall be considered valid for all actions of requesting bid submission bid opening etc in the e-tender system

(xiii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure)

encryption techniques to ensure the secrecy of the data The data entered cannot be viewed by unauthorized persons until the time of bid opening The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology

124 ASSISTANCE TO BIDDERS

(i) Any queries relating to the tender document and the terms and conditions contained therein should be

addressed to the Tender Inviting Authority for a tender or the relevant contract person indicated in the tender

(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk

(iii) Toll Free Number 1800-3070-2232 Mobile Nos 91-7878007972 and 91-7878007973

The bidder shall bear all costs associated with the preparation and submission of its bid and the Purchaser will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process Note Mere download of Bid document by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility criteria Whether the bidder meets the specific eligibility criteria or not shall be checked or ascertained on opening their bids by scrutinizing documentary evidences furnished by them along with their bid

FOUR KEY INSTRUCTIONS for BIDDERS

Note The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to-

i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline

ii) Register your organization on CPPP well in advance of tender submission deadline

iii) Get your organizationrsquos concerned executives trained on CPPP well in advance of tender submission deadline

iv) Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout breakdown etc) While the first three instructions mentioned above are especially relevant to first-time users of portal the fourth instruction is relevant at all times

v) Note Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date amp time NHPC NICCPPP shall not be responsible for any delays problems related to bandwidth connectivity etc which are beyond the control of the NHPC NICCPPPrdquoFor and on behalf of NHPC LtdFor and on behalf of NHPC Ltd

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 6: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

(ix) Bidders shall submit their bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bid submission end date amp time (as per Server System Clock) The TIA will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour

(x) The bidder may choose to revise the bid till the bid submission deadline For any revision of the bid the bidder has to submit it afresh It should be noted that bid once withdrawn by the bidder bidder cannot participate in the same tender again

(xi) After the bid submission (ie after Clicking ldquoFreeze Bid Submissionrdquo in the portal) the bidders shall take

print out of system generated acknowledgement number and keep it as a record of evidence for online submission of bid which will also act as an entry pass to participate in the bid opening

(xii) Bidders should follow the server time being displayed on bidderrsquos dashboard at the top of the tender site

which shall be considered valid for all actions of requesting bid submission bid opening etc in the e-tender system

(xiii) All the documents being submitted by the bidders would be encrypted using PKI (Public Key Infrastructure)

encryption techniques to ensure the secrecy of the data The data entered cannot be viewed by unauthorized persons until the time of bid opening The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology

124 ASSISTANCE TO BIDDERS

(i) Any queries relating to the tender document and the terms and conditions contained therein should be

addressed to the Tender Inviting Authority for a tender or the relevant contract person indicated in the tender

(ii) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24X7 CPP Portal Helpdesk

(iii) Toll Free Number 1800-3070-2232 Mobile Nos 91-7878007972 and 91-7878007973

The bidder shall bear all costs associated with the preparation and submission of its bid and the Purchaser will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process Note Mere download of Bid document by prospective Bidder shall not be construed that such a bidder automatically fulfills the prescribed eligibility criteria Whether the bidder meets the specific eligibility criteria or not shall be checked or ascertained on opening their bids by scrutinizing documentary evidences furnished by them along with their bid

FOUR KEY INSTRUCTIONS for BIDDERS

Note The following lsquoFOUR KEY INSTRUCTIONS for BIDDERSrsquo must be assiduously adhered to-

i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender submission deadline

ii) Register your organization on CPPP well in advance of tender submission deadline

iii) Get your organizationrsquos concerned executives trained on CPPP well in advance of tender submission deadline

iv) Submit your bids well in advance of tender submission deadline on portal (There could be last minute problems due to internet timeout breakdown etc) While the first three instructions mentioned above are especially relevant to first-time users of portal the fourth instruction is relevant at all times

v) Note Electronic procurement system will not allow any bidder to place their bids after the expiry of scheduled date amp time NHPC NICCPPP shall not be responsible for any delays problems related to bandwidth connectivity etc which are beyond the control of the NHPC NICCPPPrdquoFor and on behalf of NHPC LtdFor and on behalf of NHPC Ltd

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 7: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

The firm is required to submit the EMD of value Rs 101000- and Tender Document fee of Rs 1000- in the form of DDBC issued in favour of NHPC Ltd CPS-1 payable at SBI Khairi (Code-8844) on or before due date of opening in the office of the undersigned OR alternatively bidder may submit online (Name State Bank of India (NHPC CPS-I Collection account) Ac No 11538537066 IFSC Code SBIN0008844) In case of submission of EMD and Tender Document fee online bidders are requested to submit the following particulars to this office through emailhard copy at least one working day before due date of opening-

i Tender No-__________________________________ Date- ____________ ii Name of the Work _______________________________________________

________________________________________________ iii UTR No - __________________________________ Date- ____________ iv Amount - Rs _____________________

Bidder is required to submit Tender fee EMD and other physical documents to the office of Manager (PampC) CPS-I Khairi on or before due date of bid submission In case Tender fee and EMD documents or appropriate intimation regarding this through hard copye-mailfax are not received to the office of Manager (PampC) CPS-I Khairi on or before due date and time of bid submission bid may be treated as non-responsive and liable for rejection even if bidder has submitted bid online successfully and has uploaded all the required documents online

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD other than as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

NOTE- BIDDER MAY SUBMIT EMD IN THE FORM OF BANK GUARANTEE IN THE GIVEN FORMAT

40 Eligible Bidders

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (a) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(b) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (c) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 8: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

411 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

412 To improve transparency and fairness in tendering process the Employer is implementing Integrity Pact as per Clause 16 of ITB The bidder must submit the Integrity Pact as per Proforma appended as Annexure-II duly signed as per Clause 16 of ITB

Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract -SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022Mob No 9816503243

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 9: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

SECTION-I INST RUCTIONS TO BIDDERS (ITB)

The Tender Document includes Sections consisting of NIT (Section-0) Instructions to Bidders (ITB) (Section-I) Conditions of Contract (CC) (Section-II) Special Conditions of Contract (SCC) (Section-III) and Schedule of Quantity amp Prices (Section-IV)

20 Eligible Bidders 11 The qualification criteria for above work will be-

Qualification Criteria for the Bidders

1 Experience of having successfully completed as prime contractor similar work during last 7 years ending last day of month previous to the one in which application are invited should be either of the following- (d) Three similar completed works each costing not less than the amount equal to 40 of the

estimated cost or

(e) Two similar completed works each costing not less than the amount equal to 50 of the estimated cost

or (f) One similar completed work costing not less than the amount equal to 80 of the estimated

cost

The definition of similar work means ldquoAny type of Civil work or Maintenance Housekeeping and Catering Services in the Guest House Rest House Field Hostel of Govt Deptt PSUrsquosAutonomous bodiesAny Private Public company listed in BSENSErdquo

2 Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year should be at least 30 of the estimated cost [For that documentary evidence of annual report (Balance Sheet and Profit amp Loss account) to be submitted]

(i) In case the turnover is more than Rs 1 Crore the prospective bidder is required to furnish the copy of audited Balance Sheet and PampL account

(ii) In case the turnover is less than or equal to Rs 1 Crore the prospective bidder is required to submit the copy of annual turnover duly certified by Chartered Accountant in case audited Balance Sheet and PampL account are not being maintained by the prospective bidder

12 Bidders shall not have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)rdquo

13 ldquoNo member of consortiumBidder (including sub-Contractors) should have been banned de-listed black listed debarred from business on the ground mentioned in para 6 of Guidelines on Banning of Business dealings Self-Declaration in this regard is to be submitted as per the enclosed Proforma(Form-6)

14 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be considered for evaluation and award of the Contract Bidders will submit requisite supporting documents and

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 10: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

testimonials with their Bids to prove their credentials and claim of meeting the Eligibility Criteria as below-

I Copy of Valid Contractor Registration Certificate II The copy of PAN No and EPF Registration No amp Sales Tax No

III A declaration that the information furnished with the bid documents is correct in all respects and IV Such other certificates as defined in the I T B Failure to produce the certificates shall make the bid non-

responsive V Service Tax registration No

OR In case service tax registration number has not been obtained due to exemption under the ACT then the bidder has to submit the audited value of taxable service (turnover) provided by him in the preceding financial year In case bidder has provided a taxable service of value exceeding Rs 9 lakhs in the preceding financial year he is required to register himself immediately with the Central Excise or Service Tax office In such situation bid shall be qualified technically subject to fulfilling other conditions of NIT but bidder has to submit the Service Tax registration number before award of the work failing which EMD of the successful bidder shall be forfeited besides other action as deemed fit under the provision of the contract

20 Cost of bidding

21 The tenderer will be required to submit a non-refundable fee as mentioned in NIT towards the cost of Tender fee

30 Bid Security

31 Bid Security shall be submitted as mentioned in NIT

The firms registered with NSIC or District Industries Centers (DIC) or Khadi and Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender documents fees and EMD They should furnished a notarized copy of the valid registration certificate Entrepreneurs memorandum (EM-II) details other relevant documents issued by above boardbody in their favors for the goodsservices covered under this tender document Please note that if the certificate submitted by the bidder does not meet the criteria (ie similar product manufactured by them similar services as mentioned in the NIT) the bid of respective bidder is liable for rejection No other bidders are exempted from furnishing cost of tender fee and EMD as mentioned above Bidder is required to submit the above document to the office of Manager (PampC)CPS-I Khairi on or before due date amp time of bid submission Bank Draft of EMD issued prior to the date of NIT will not be accepted and tender documents will be treated as non responsive

32 Bids received unaccompanied by either an acceptable Bid Security or a n o t a r i z e d copy of valid certificate of registration issued by the agency as mentioned above shall be rejected as being non-responsive and returned unopened to the bidders

33 Bid Security of the successful bidder will be returned when the bidder has furnished requisite Performance Guarantee as stipulated in lsquoTerms amp Conditionsrsquo of Contract The bid security of all the unsuccessful Bidders will be returned on or before 30 days after the Award

34 The bid security may be forfeited

341 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or

342 If the Bidder having been notified of the acceptance of its Bid by the Employer during the

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 11: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

period of bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

4 Submission of Bid- As mentioned in Important instructions to bidders for online bidding Bidders should submit the following documents onlineoffline

a Valid Contractorrsquo Registration Certificate( Self attested Copy) b EPF registration No amp Sales Tax No (Self attested Copy) c Copy of PAN Card (Self attested Copy) d Copy of successfully completed similar work along with copy of letter of award along with completion

certificate e Copy of financial turnover f Copy of Certificate of MSME (Medium Small Micro Enterprises) issued by District Collector of Industries if

applicable g Copy of Service Tax Registration No or the declaration as required

50 Past Experience

The Bidder should fill the details of his past experience in the works covered under these specifications in the following Proforma and submit the same onlineoffline as per Annexure-III appended herewith

60 Bid Proforma

The bidder should fill in the Bid Proforma appended as Annexure-IV herewith and submit the same online

70 ECS Form

Bidders are required to submit duly filled in ECS Form appended as Annexure-V herewith and submit the same onlineoffline

80 Declaration to be submitted by Bidder

The bidder shall fill in Declaration Performa appended as Annexure-VI herewith and submit the same onlineoffline

90 Special Note on Security of Bids- As mentioned in Important instructions to bidders for online bidding

100 Online opening of Bids by Employer- As mentioned in Important instructions to bidders for online bidding If the office happens to be closed on the date of receipt of bids as specified the bids will be received on the next

working day at the same time and venue Price Bids in respect of technically acceptable bidders will be opened on later date under intimation to all qualified

bidders

110 Evaluation of Bids

111 The Employer will examine the bids to determine whether they are complete whether any computational errors have been made and whether the bids are generally in order and conforms to all the terms conditions and specifications of the Tender documents without any deviations

112 During bid evaluation the Employer may ask the bidder for clarification of its bid The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought offered or permitted

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 12: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest

113 Bidders are required to quote item-wise competitive rates for the all the items in the Price Bid (SECTION-IV) The Evaluation of Bid shall be done based on the total prices quoted by the bidder in their lsquoprice bidrsquo submitted online subject to Clause 114 of ITB

114 Arithmetical errors will be rectified on the following basis

If there is a discrepancy between the unit price and the total price which is obtained by multiplying unit price and quantity or between subtotal and the total price the unit or subtotal price as the case may be shall prevail and the total price shall be corrected If there is a discrepancy between words and figure of the unit rates the unit rates in words will prevail If bidder does not accept the correction of errors its bid will be rejected and the bid security will be forfeited in accordance with ITB sub-clause 34

115 The bidder is advised to avoid offering of rebate discount However in case of exceptional circumstances the rebate discount offered by the Bidder should be only in the Price-bid itself and not in a separate envelope The Bidder should offer such a rebate on a percentage basis applied uniformly to all the Unit rate of Price Schedule (s) except those which have been stipulated by the Employer Conditional discount rebate if any offered by the bidder shall not be taken into consideration for evaluation

120 Implementation of Public Procurement Policy for Micro and Small Enterprises (MSEs) order dated 2012 UNDER THE MICRO SMALL AND MEDIMUM ENTERPRISES DEVELOPMENT ACT 2006

i The above policy shall apply to MSEs registered with NSIC or District Industries Centers (DIC) or Khadi and

Village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum

ii These MSEs shall be provided tender sets free of cost exempted from payment of EMD These are also eligible to participate in E-procurement

iii In tender participating MSEs quoting price within price band of L1+15 shall also be allowed to supply a portion of the requirement by bringing down their prices to the L1 price in a situation where L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20 of the total tendered value In case more than one such MSEs the supply shall be shared proportionately (to tendered quantity) In case of tender item is non-splitable or non-dividable etc MSE quoting price within price band L1+15 may be awarded for fullcomplete supply of total tendered value to MSE considering spirit of Public Procurement Policy 2012 for enhancing the Govt Procurement from MSE

iv Out of 20 target of annual procurement from MSE a sub target of 4 (ie 20 out of 20) will be earmarked for procurement from MSEs owned by SC ST entrepreneurs However in the event of failure of such MSEs to participate in the tender process or meet the tender requirements and the L1 price the 4 sub-target for procurement earmarked for MSEs owned by SC ST entrepreneurs will be met from other MSEs

Definition of MSEs owned by SCST

a) In case of proprietary MSE proprietor(S) shall be SCST b) In case of partnership MSE the SCST parteners shall be holding at least 51 shares in the unit c) In case of Private Limited Companies at least 51 share shall be held by SCST promoters

130 Award Criteria amp Employerrsquos Right to accept any bid and to reject any or all Bids

131 The Employer reserves to itself the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of contract without thereby incurring any liability to the affected Bidder(s) The Employer shall not be bound to accept the lowest or any bid and reserves to itself the right of accepting whole or a portion of any of the bid as it may deem fit However the Bidder(s) who wish to seek reason for such decision of cancellationrejection shall be informed of the same by the Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India the security strategic scientific or economic interest of the State relation with foreign State or lead to incitement of an offence Further NHPC reserve the right for award the contract for lesser period For example the tender is for 12 months but NHPC if so desire without assigning any reason may award for say 10 months In this situation the estimate as well as tender amount shall be calculated proportionately ie (Tender amount12xNo of months) Conditional tenders will be treated

as non responsive and rejected

132 The Employer reserves to itself the right to take over the part or full contract from the contractor after the award of the Contract or during the execution of Contract without assigning any reason

133 Subject to ITB Clause 131 the Employer will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and to be the lowest evaluated bid further provided that the Bidder is determined to be qualified to perform the contract satisfactorily

134 The Evaluated price arrived at in terms of sub-clause 114 shall be considered for the comparison and evaluation of the bids However for the purpose of award of Contract the lesser of the total price quoted by the bidder as per lsquoprice bidrsquo or the evaluated price as per sub-clause 114 of ITB shall be considered

135 The successful bidder shall execute an agreement with NHPC on non judicial stamp paper of appropriate value as per stamp act in the format appended as Annexure-VII within 30 days from the date of award of LOA or before start of work whichever is earlier failing which recover of Rs 1000- per week or part thereof subject to a maximum of 10 of award value shall be deducted from the bill

140 Corrupt Fraudulent Collusive or Coercive Practices

It is expected from the Bidders that they will observe the highest standard of ethics during the procurement and execution of such contracts This policy shall be applicable as available on NHPC website wwwnhpcindiacom

150 Information wrt MSME Development Act 2006

lsquoMSME Development Act 2006rsquo is applicable to all contractorsservice providers Therefore information as per format appended as Annexure-VIII is required to be submitted by the bidder alongwith bid

160 Integrity Pact

170 Check List

171 Following to be submitted offline as per clause 412 of ITB in an Envelope

i DDvalid NSIC Certificate towards Tender document Fee ii DDBGvalid NSIC certificate towards bid security iii Self attested copies of Documentary evidences in support of the qualification criteria

172 Following to be filled and submittedscanned and uploaded online as per clause 411 of ITB

i Copy of Documentary evidences in support of the qualification criteria ii Duly filled attachment as per Form-6 Annexure-I IIIIIIV V VI VII amp VIII

iii Copy of DDvalid NSIC Certificate towards tender document fees iv Copy of DD BGvalid NSIC Certificate towards EMD (Bid Security) v Signed copy of Annexure-C (Guidelines on banning of Business Dealings) vi Self Declaration that the whole tender document has been read carefully and accept all terms amp

Conditions of the tender document-Annexure-E vii Complete digitally signed tender document viii Signed and accepted copy of Section-III (Special Conditions of Contract) ix Duly filled Un-Priced ldquoSchedule of Quantities amp Pricesrdquo as per Section-IV

x Any other document if required without any price element

173 ldquoSchedule of Quantities amp Pricesrdquo (Price bid) is to be submitted online as per clause 4 of ITB (A) If any discrepancy is found between the hard copies of the offline documents viz DD towards of bid documents amp

DDBG towards bid security Power of Attorney Integrity Pat(if applicable) and scanned copy of same uploaded online then the online bid liable for rejection

(B) Offline documents if received by the employer after the deadline for submission of hard copies then it will be considered as late bid even if the bidder has uploaded the bid online within the deadline In such a case the bid uploaded on the portal shall not be considered

Late Bids- Online submission of the bid will not be permitted on the portal after expiry of submission time and the bidder

shall not be permitted to submit the same by any other mode Similarly hard copies of the offline documents

if received by the employer after the deadline for submission of bids prescribed in bidding data then it will be considered as ldquoLate Bidrdquo notwithstanding the fact that the bidder has uploaded the bid online within the stipulated deadline In such a case the uploaded online bid on the portal shall be considered as nonresponsive and shall not be processed further

18 0 If a firmbidder quotes ldquoNILrdquo charges consideration the bid shall be treated as unresponsive and will not be

considered 190 The bidder should not have been bannedde-listedblack listeddebarred from business by any PSUGovt

Department during last 3 years on the following grounds(Self declaration in this regard is to be submitted as per enclosed proforma)-

(a) If the security consideration including questions of loyalty of the Agency to NHPC so warrants (b) If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for

offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years

(c) If business dealings with the Agency have been banned by the Ministry of Power Government of India (d) If the Agency has resorted to corrupt fraudulent practices including misrepresentation of facts (e) If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for

acceptance performances of the job under the contract (f) If the Agency misuses the premises or facilities of the NHPC forcefully occupies or damages the

NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason)

200 Shortcoming of any type shall have to be replied to the Department by the bidder if asked for from them

Non submission of information or document as desired by the department at this stage makes enough ground for rejection of the tender and forfeiture of EMD without assigning any reason

-SD- Manager (Elect) Procurement amp Contract

Chamera Power Station-I Khairi Distt Chamba (HP)

Phone no 01899-263022 Mob No 9816503243

Form-6

ldquoDeclaration by the Bidderrdquo 1 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that I We

shall not have been banned de-listed black listed debarred from business on the

ground mentioned in para 6 of Guidelines on Banning of Business dealings

2 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that No

member of consortiumBidder (including sub-Contractors) have been banned de-

listed black listed debarred from business on the ground mentioned in para 6 of

Guidelines on Banning of Business dealings

3 I We Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby certify that 1we

have not been declared ineligible in accordance with para 6 of Guidelines on Banning

of Business Dealings

4 We hereby also declare that any of the firms Companies (including our sub-

Contractors) participating in this Tender have not been declared ineligible under para 6

of Guidelines on Banning of Business Dealings

(Seal amp Signature of the bidder)

16

ANNEXURE-I

Bank Guarantee in Lieu of Earnest Money Deposit Bank

Guarantee

[Name of Contract]

To [Name and address of Purchaser]

Date_ _

WHEREAS [name of Bidder] (hereinafter called ldquothe Bidderrdquo) has submitted its Bid dated [date of bid] for the performance of the above-named Contract (hereinafter called ldquothe Bidrdquo)

KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank] (hereinafter called ldquothe Bankrdquo) are bound unto [name of Employer] (hereinafter called ldquothe Employerrdquo) in the sum of [amount] for which payment well and truly to be made to the said Employer the Bank binds itself its successors and assigns by these presents

Sealed with the Common Seal of the said Bank this day of 20

THE CONDITIONS of this obligation are the following

1 If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder or if fails to furnish the correct Pass-Phrase during the Tender opening event (TOE) of Financial Bid as per clause 91 of ITB or is found to have indulged in Corrupt Fraudulent Collusive or Coercive practice(s) covered under clause 14 (or the relevant clause as applicable) of ldquoITBrdquo or defaults commitments under Integrity Pact or

2 If the Bidder having been notified of the acceptance of its Bid by the Employer during the period of

bid validity

a) fails or refuses to accept execute the Work Order when required or to sign the Contract Agreement or

b) fails or refuses to issue the performance security in accordance with the bidding documents or

c) refuses to accept the arithmetical corrections made in accordance with the bidding documents

WE undertake to pay to the Employer up to the above amount upon receipt of its first written demand without the Employer having to substantiate its demand provided that in its demand the Employer will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two above-named CONDITIONS and specifying the occurred condition or conditions

Notwithstanding anything contained herein above our liability under this Guarantee is limited to (Rupees only) and our Guarantee shall remain in force until day of 201 unless a claim or demand under this Guarantee is made on us in writing on or before we shall be discharged of all liabilities under this Guarantee thereafter

17

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank Stamp)

2 (Signature) Attorney as per Power

of Attorney No Dated

(Name)

(Official Address)

Communication address of the Bank

Name of the contact person

Tel No

Fax No

Email

10 Bank Guarantee for Bid Guarantee in original shall be submitted alongwith the bid However the

issuing bank shall submit an unstamped duplicate copy of bank guarantees directly by registered post (AD) to Employer (authority inviting tenders) alongwith a forwarding letter

21 The following information should be invariable mentioned on the back side of the bank Guarantee

Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased

Note- The stamp papers of appropriate value shall be purchased in the name of Bank issuing guarantee

18

Guidelines for implementation of Integrity Pact

To oversee the implementation of the Integrity Pact Independent External Monitors(IEMs) have been appointed with the consent of Central Vigilance Commmission(CVC)

Sl No Nomenclature of IEM Name of IEM Tenure

From Up to (i) IEM-2 Sh RK Sharma Ex-

CMD THDC 17112014 16112017

The contact detail of IEM is as under- Independent External Monitor for NHPC Room No-214 NHPC Ltd NHPC Office Complex Sector-33 Faridabad-121003

19

ANNEXURE-II

FORMAT OF INTEGRITY PACT

PRE CONTRACT INTEGRITY PACT

Between

NHPC Limited a company incorporated under the Companies Act 1956 and having its registered office at NHPC Office Complex Sector -33 Faridabad-121003 (Haryana) hereinafter referred to as ldquo The Employerrdquo which expression shall mean and include unless the context otherwise requires his successors in office and assigns of the First Part

And

Ms ______________ a companyfirmindividual(status of the company) and having its registered office at ________ represented by Shri______ hereinafter referred to as ldquo The BidderContractorrdquo which expression shall mean and include unless the context otherwise required his successors and permitted assigns of the Second Part WHEREAS the Employer proposes to procure under laid down organizational procedures contracts for helliphelliphelliphelliphelliphelliphellip (Name of the workgoodsservices) and the BidderContractor is willing to offer against NIT Nohelliphelliphelliphelliphelliphelliphelliphelliphellip WHEREAS the Bidder Contractor is a private companypublic companyGovernment undertakingpartnershipconsortiumjoint venture constituted in accordance with the relevant law in the mater and the Employer is a Public sector Enterprise NOW THEREFORE To avoid all forms of corruption by following a system that is fair transparent and free from any influenceprejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to- Enabling the Employer to obtain the desired said (workgoodsservices) at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and Enabling the Bidder(s) Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption in any form by its officials by following transparent procedures

10 Commitments of the Employer The Employer undertakes that no official of the Employer connected directly or indirectly with the contract will demand take a promise for or accept directly or through intermediaries any bribe consideration gift reward favour or any material or immaterial benefit or any other advantage from the BidderContract either for themselves or for any person organization or third party related to the contract in exchange for an advantage in the bidding process bid evaluation contracting or implementation process related to the contact The Employer will during the pre-contract stage treat all the BiddersContractors alike and will provide to all the BiddersContractors the same information and will not provide any such information to any particular

20

BidderContractor which could afford an advantage to that particular BidderContractor in comparison to other BiddersContractors All the officials of the Employer will report to the appropriate Authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach In case any such preceding misconduct on the part of such official(s) is reported by the Bidder to the Employer with full and verifiable facts and the same is prima-facie found to be correct by the Employer necessary disciplinary proceedings or any other action as deemed fit including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process In such a case while an enquiry is being conducted by the employer the proceedings under the contract would not be stalled

Commitments of the Bidder(s) Contractor(s)

The Bidder(s) Contractor(s) commits itself to take all measures necessary to prevent corrupt practices unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following-

31 The Bidder(s) Contractor(s) will not offer directly or through intermediaries any bride gift consideration

reward favour any material or immaterial benefit or other advantage commission fees brokerage or inducement to any official of the employer connected directly or indirectly with the bidding process or to any person organization or third party related to the contract in exchange for any advantage in the bidding evaluation contracting and implementation of the contract

32 The BidderContractor further undertakes that it has not given offered or promised to give directly or

indirectly any bribe gift consideration reward favor any material or immaterial benefit or other advance commission fees brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Employer

33 The Bidder(s) Contractor(s) shall disclose the name and address of agents and representatives and Indian

Bidder(s) Contractor(s) shall disclose their foreign principals or associates 34 The Bidder(s) Contractor(s) shall disclose the payments to be made by them to agentsbrokers or any other

intermediary in connection with this bid contract 35 Deleted 36 The Bidder either while presenting the bid or during pre-contract negotiations or before signing the contract

shall disclose any payment he has made is committed to or intends to make to officials of the employer or their family members agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments

37 The BidderContractor will not collude with other parties interested in the contract to impair the transparency fairness and progress of the bidding process bid evaluation contracting and implementation of the contract

38 The BidderContractor will not accept any advantage in exchange for any corrupt practice unfair means and

illegal activities

39 The BidderContractor shall not use improperly for purposes of completion or personal gain or pass on to others any information provided by the Employer as part of the business relationship regarding plans

21

technical proposals and business details including information contained in electronic date carrier The Bidder Contractor also undertake to exercise due and adequate care lest any such information is divulged

310 The Bidder(s) Contractor(s) commits to refrain from giving any complaint directly or through any other

manner without supporting it with full and verifiable facts 311 The BidderContractor(s) shall not instigate or cause to instigate any third person to commit any of the action

mentioned above 312 If the bidder Contractor or any employee of the BidderContractor or any person acting on behalf of the

BidderContractor either directly or indirectly is a relative of any of the officers of the employer or alternatively if any relative of an officer of the Employer has financial intereststake in the Bidder(s) Contractor(s) firm the same shall be disclosed by the BidderContractor at the time of filling of tender The term relative for this purpose would be as defined in Section 2(77) of the Companies Act 2013

313 The Bidder(s)Contractor(s) shall not lend to or borrow any money from or enter into any monetary dealings or

transactions directly or indirectly with any employee of the Employer

40 Previous Transgression The Bidder(s)Contractor(s) declares that no previous transgression occurred in the last three years immediately

before signing of this Integrity Pact with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any government Department in India that could justify his exclusion from the tender process

42 The Bidder(s)Contractor(s) agrees that if it makes incorrect statement on this subject the BidderContractor

can be disqualified from the tender process or appropriate action can be taken as per the procedure mentioned in ldquoGuidelines on Banning of Business dealingrdquo (Annex-A to Integrity Pact

Earnest Money (Security Deposit) The provision regarding Earnest money Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be referred

60 Sanctions for Violations-

Any breach of the aforesaid provisions by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) shall entitle the employer to take action as per the procedure mentioned in therdquoGuidelines on Banning of Business dealingrdquo attached as Annex-A and initiate all or any one of the following actions wherever required

(i) To immediately call off the pre contract negotiations without assigning any reason or giving any

compensation to the BidderContractor However the proceeding with the other Bidder(s) Contractor(s) would continue

(ii) The Earnest Money deposit( in pre-contract stage) and or Security DepositPerformance Bond (after the

contract is signed) shall stand forfeited either fully or partially as decided by the Employer and the Employer shall not be required to assign any reason thereof

(iii) To immediately cancel the contract if already signed without giving any compensation to the contractor (iv) Deleted

(v) To encash the Bank guarantee in order to recover the dues if any by the Employer along with interest as

per the provision of contract

22

(vi) To cancel all or any other contracts with the BidderContractor The BidderContractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellationrescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the BidderContractor

(vii) To debar the BidderContractor from participating in future bidding processes of NHPC Ltd as per provisions

of ldquoGuidelines on Banning of Business Dealingsrdquo of NHPC Ltd (Annex-A) which may be further extended at the discretion of the employer

(viii) To recover all sums paid in violation of this Pact by Bidder(s)Contractor(s) to any middleman or agent or

broker with a view to securing the contract

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the BidderContractor the same shall not be openedoperated

(x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without

assigning any reason for imposing sanction for violation of this Pact

62 The Employer will be entitled to take all or any of the actions mentioned at para 61(i) to (x) of this pact also

on the Commission by the BidderContractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderContractor) of an offence as defined in Chapter IX of the Indian Penal code 1860 or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption

63 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by

the BidderContractor shall be final and conclusive on the BidderContractor However the BidderContractor can approach the Independent External Monitor(s) appointed for the purpose of this Pact

70 Fall Clause The BidderContractor undertakes that it has not suppliedis not supplying similar productsystems or subsystems at the price lower then that offered in the present bid in respect of any other MinistryDepartment of the Government of India or PSU and if it is found at any stage that similar productsystems or sub systems was supplied by the BidderContractor to any other Ministry Department of the Government of India or a PSU at a lower price then that very price with due allowance for elapsed time will be applicable to the present case and the difference in cost would be refunded by the BidderContractor to the Employer if the contract has already been concluded

Independent External Monitor(s)

The Employer has appointed Independent Enternal Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission

82 The task of the Monitors shall be to review independently and objectively whether and to what extent the

parties comply with the obligation under this pact

83 The monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently

84 Both the parties accept that the Monitors have the right to access all the documents relating to the

projectprocurement including minutes of meetings The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tendercontract

23

85 As soon as the Monitor notices or has reason to believe a violation of this Pact he will so inform CMD NHPC and request NHPC Ltd to discontinue or take corrective action or to take other relevant action The Monitor can in this regard submit non-binding recommendations Beyond this the Monitor has no right to demand from the parties that they act in a specific manner refrain from action or tolerate action

86 The Bidder(s)Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Employer including that provided by the BidderContractor The BidderContractor will also grant the Monitor upon his request and demonstration of a valid interest unrestricted and unconditional access to his project documentation The same is applicable to Subcontractors(s) The Monitor shall be under contractual obligation to treat the information and documents of the BidderContractorsubcontractor(s) with confidentiality

87 The Employer will provide to the Monitor sufficient information about all meetings among the parties

related to the project provided such meetings could have an impact on the contractual relations between the parties The parties will offer to the Monitor the option to participate in such meetings as and when required

88 The Monitor will submit a written report to the CMD NHPC Ltd within 8 to 10 weeks from the date of

reference or intimation to him by the EmployerBidder and should be occasion arise submit proposals for correcting problematic situations

89 The word lsquoMonitorrsquo would include both singular and plural 90 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission the Employer or its agencies shall be entitled to examine all the documents including the Books of accounts of the BidderContractor and the BidderContractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination

100 Law and Place of Jurisdiction

This Pact is subject to Indian Law The place of performance and jurisdiction is the Registered Office of the Employer ie Faridabad (Haryana) The arbitration clause provided in the tender document contract shall not be applicable for any issuedispute arising under Integrity Pact

110 Other Legal Actions 111 The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in

accordance with the provisions of the extant law in force relating to any civil or criminal proceedings 112 Changes and supplements as well as termination notice need to be made in writing 113 If the Contractor is a partnership or a consortium or a joint venture this pact must be signed by all partners

of the consortiumjoint venture

120 Validity

121 The validity of this Integrity Pct shall be from date of its signing and extend up to 5 years or the complete execution of the contract to the satisfaction of both the employer and the BidderContractorSeller including warranty period whichever is later In case BIDDER is unsuccessful this Integrity Pact shall expire after six months from the date of the signing of the contract

122 Should one or several provisions of this Pact turn out to be invalid the remainder of this Pact shall remain

valid In this case the parties will strive to come to an agreement to their original intention

24

130 The Parties hereby sign this Integrity Pact at __________ on __________ Employer Bidder Name of the Officer (Authorized Person) Designation (Name of the Person)

Designation Placehelliphelliphelliphelliphellip Placehelliphelliphelliphelliphellip Datehelliphelliphelliphelliphelliphellip Datehelliphelliphelliphelliphellip Witness 1helliphelliphelliphelliphellip Witness1helliphelliphelliphelliphelliphelliphellip (Name and address) (Name and address) 2helliphelliphelliphelliphelliphelliphelliphelliphellip 2helliphelliphelliphelliphelliphellip (Name and address) (Name and address)

25

Annexure-C Guidelines on Banning of Business Dealings

10 Introduction

11 NHPC Limited (NHPC) deals with Agencies viz parties contractors suppliers bidders who are expected to adopt ethics of highest standards and a very high degree of integrity commitments and sincerity towards the work undertaken It is not in the interest of NHPC to deal with Agencies who commit deception fraud or other misconduct in the tendering process andor during execution of work undertaken NHPC is committed for timely completion of the Projects within the awarded value without compromising on quality 12 Since suspension banning of business dealings involves civil consequences for an Agency concerned it is incumbent that adequate opportunity of hearing is provided and the explanation if tendered is considered before passing any order in this regard keeping in view the facts and circumstances of the case 20 Scope

2 1 NHPC reserves its rights to remove from list of approved suppliers contractors (if such list exists) or to SuspendBan Business Dealings if any Agency has been found to be non poor performing or have committed misconduct or fraud or anything unethical or any of its action(s) which falls into any such grounds as laid down in this policy 22 The procedure of (i) Removal of Agency from the List of approved suppliers contractors (ii) Suspension and (iii) Banning of Business Dealing with Agencies has been laid down in these guidelines 23 These guidelines shall apply to all the units of NHPC 24 These guidelines shall not be applicable in Joint Venture Subsidiary Companies of NHPC unless they are assignees successors or executor 25 The suspensionbanning except suspensionbanning under Integrity Pact shall be with prospective effect ie future business dealings 30 Definitions

In these Guidelines unless the context otherwise requires i) ldquoAgency Party Contractor Supplier BiddersVendorsrdquo shall mean and include a public limited company or a private limited company a joint Venture Consortium HUF a firm whether registered or not an individual cooperative society or an association or a group of persons engaged in any commerce trade industry etc ldquoParty Contractor Supplier BidderVendorrdquo in the context of these guidelines is indicated as lsquoAgencyrsquo ii) ldquoUnitrdquo shall mean the Corporate Office Project Power Station Regional Office Liaison Office or any other office of NHPC

26

iii) ldquoCompetent Authorityrdquo and lsquoAppellate Authorityrsquo shall mean the following a For works awardedunder Tendering from corporate office (falling in the competency of

CMD Board of Directors) - Competent Authority CMD - Appellate Authority Board of Directors

b For works awardedunder Tendering from Corporate OfficeProjects Power Stations Regional OfficesLiaison Offices (falling in the competency of Director Executive Director ) - Competent Authority Concerned DirectorExecutive Director as the case may be - Appellate Authority CMD Concerned Director as the case may be

c For works awardedunder Tendering from Regional Offices Projects Power Stations Liaison Offices ( falling in the competency of GM and below) - Competent Authority Head of the Unit not below the rank of Chief EngineerChief - Appellate Authority Next higher authority

iv) ldquoInvestigating Committeerdquo shall mean a Committee appointed by Competent Authority to conduct investigation 40 Initiation of Suspension Banning Action for Suspension Banning Business Dealings with any Agency shall be initiated by the department responsible for invitation of BidsEngineer-in-charge after noticing the irregularities or misconduct on the part of Agency concerned Besides the concerned department Vigilance Department of each Unit Corporate Vigilance may also be competent to initiate such action

50 Suspension of Business Dealings 51 If the conduct of any Agency dealing with NHPC is under investigation the Competent Authority may consider whether the allegations (under investigation) are of a serious nature and whether pending investigation it would be advisable to continue business dealing with the Agency If the Competent Authority decides that it would not be in the interest to continue business dealings pending investigation it may suspend business dealings with the Agency The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Committee The Investigating Committee may ensure that their investigation is completed and whole process of final order is over within such period However if the investigations are not completed within six months the investigation committee shall put up the proposal to the competent authority for approval of extension of time maximum up to further three months with in which the committee shall conclude the proceedings 52 The order of suspension shall be effective throughout NHPC in case of work falling in the Competency of CMD Board of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officesunits During the

27

period of suspension no business dealing shall be held with the Agency 53 If the Agency concerned asks for detailed reasons of suspension the Agency may be informed that its conduct is under investigation It is not necessary to enter into correspondence or argument with the Agency at this stage 54 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension 55 The format for intimation of suspension of business dealing is placed at Appendixndash I 60 Ground on which Banning of Business Dealings can be initiated 61 If the security consideration including questions of loyalty of the Agency to NHPC so warrants 62 If the director owner of the Agency proprietor or partner of the firm is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises during the last five years 63 If the Agency has resorted to Corrupt Fraudulent Collusive Coercive practices including misrepresentation of facts and violation of the any provisions of the Integrity Pact provided in the Contract 64 If the Agency uses intimidation threatening or brings undue outside pressure on NHPC or its official for acceptance performances of the job under the contract 65 If the Agency misuses the premises or facilities of NHPC forcefully occupies or damages the NHPCrsquos properties including land water resources forests trees or tampers with documentsrecords etc 66 If the Agency does not fulfill the obligations as required under the Contract and Violates terms amp conditions of the contract which has serious affect for continuation of the Contract 67 If the work awarded to the agency has been terminated by NHPC due to poor performance of the contract in the preceding 5 years 68 If the Central Vigilance Commission Central Bureau of Investigation or any other Central Government investigation Agency recommends such a course in respect of a case under investigation or improper conduct on agencyrsquos part in matters relating to the Company (NHPC) or even otherwise 69 On any other ground upon which business dealings with the Agency is not in the public interest 610 If business dealings with the Agency have been banned by the Ministry of Power

28

Government of India OR any PSU any other authority under the MOP if intimated to NHPC or available on MOP Website the business dealing with such agencies shall be banned with immediate effect for future business dealing except banning under Integrity Pact without any further investigation (Note The examples given above are only illustrative and not exhaustive The Competent Authority may decide to ban business dealing for any good and sufficient reason) 70 Procedure for Banning of Business Dealings 7 1 An Investigating Committee shall be constituted by the authority competent to Ban the dealing comprising members from EngineeringIndenting department (convener) Finance Law and Contract The level of the committee members shall be GM and above for works falling in the competency of CMDBoard of Directors Chief EngineerChief and above for the works falling in the competency of Director Executive Director and SMM with at least one member of the level of Chief EngineerChief for works falling in the competency of GM and below 72 The order of Banning of Business Dealings shall be effective throughout NHPC in case of work falling in the Competency of CMDBoard of DirectorsDirectors in case of falling in the competency of Executive Director throughout Region and in case of falling in the competency of HOP and below throughout the ProjectPower Station and attached liaison officeunits During the period of Banning of Business Dealings no Business Dealing shall be held with the Agency In situation where based upon the gravity of the default it is decided by the competent authority and the ProjectRegion to extend the banning to Regionwide NHPC approval of regional EDConcerned Director as the case may be shall be obtained 73 The functions of Investigating Committee in each Unit to be appointed by the competent authority in line with para 3 (iii) shall inter-alia include a) To study the report of the department responsible for invitation of bids and decide if a prima-facie case for banning exists if not send back the case to the Competent Authority b) To recommend for issue of show-cause notice (after vetting by legal deptt) to the Agency by the concerned department as per clause 74 ldquoShow Cause Noticerdquo c) To examine the reply to show-cause notice and call the Agency for personal hearing if required d) To submit final recommendations to the Competent Authority for banning or otherwise 74 Show Cause Notice Once the proposal for issuance of Show Cause Notice is approved by the Competent Authority a lsquoShow Cause Noticersquo (as per format at Appendix-II of these guidelines) s h a l l be issued to the delinquent Agency by the Competent Authority o r by a person authorized b y t h e Competent Authority for the said purpose The Agency shall be asked to submit the reply to the Show Cause Notice within 15 days of its issuance Further the Agency shall be given an opportunity for Oral hearing to present its case in person if it so desires and the date for Oral Hearing shall necessarily be indicated in the Show Cause Notice The purpose of issuing the Show Cause Notice is only that the Agency concerned shall be

29

given an opportunity to explain their stand before any action is taken The grounds on which action is proposed to be taken shall be disclosed to the Agency inviting representation and after considering that representation orders may be passed Such orders require only the satisfaction of the authority that passed the final orders If the Agency requests for inspection of any relevant document in possession of NHPC necessary facility for inspection of documents may be provided During the conductance of oral hearing only the regular duly authorized employees of Agency will be permitted to represent the Agency and no outsider shall be allowed to represent the Agency on its behalf Reply to the Show Cause Notice given by the Agency and their submissions in oral hearing if any will be processed by the Committee for obtaining final decision of the Competent Authority in the matter In case no reply to Show Cause Notice is received from the Agency within stipulated time further reminder shall be given with further period of 10 days thereafter if no reply is received action for processing ex-parte against the concerned Agency shall be initiated 75 Speaking Order The speaking order (reasoned order) for banning the business dealing with the Agency shall be issued by the Competent Authority or by a person authorized for the said purpose The decision regarding banning of business dealings taken after the issue of a Show Cause Notice and consideration of representation if any in reply thereto shall be communicated to the Agency concerned along with a reasoned order The fact that the representation has been considered shall invariably be mentioned in the communication Also the fact that if no reply was received to the Show Cause Notice shall invariably be indicated in the final communication to the Agency The format for intimation of banning of business dealing is placed at Appendixndash III 76 Period of banning In case banning is processed for violation of provisions of Integrity pact the banning would be operative for a period of 3 years and in case termination of contract due to poor Page 6 of 13 performance the period of banning shall be for 5 years For contracts awarded to JVConsortium a constituent of the JV shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 In case the informationdocuments submitted by Agency in competing for the tender found to be falseforged then NHPC without prejudice to any other rights or remedies it may possess shall recover from Agency the cost incurred in carrying out physical assessment for establishing veracity of such informationdocuments In case Agency refuses to reimburse such cost to NHPC then banning period of Agency shall be extended by another one year 77 Effect of Banning As far as possible the existing ongoing contract(s) with the Agency may continue unless the

30

Competent Authority having regard to the circumstances of the case decides otherwise keeping in view contractual and legal issues which may arise thereof In case the existing Contracts are allowed to continue the suspensionBanning of Business Dealing along with default of the Contractor shall be recorded in the experience certificate issued for the work The Agency ( after issue of the order of banning of business dealings) would not be allowed to participate in any future tender enquiry and if the Agency has already participated in tender process as stand-alone OR constituent of joint venture and the price bids are not opened his techno-commercial bid will be rejected and price bid will be returned unopened However where the price bids of Agency have been opened prior to order of banning bids of Agency shall not be rejected and tendering process shall be continued unless Competent Authority having regard to the circumstances of the case decides otherwise keeping in view the Contractual Legal issues which may arise thereafter However in case the suspension Banning is due to default of an Agency for the provisions under Integrity Pact and the Agency happens to be Lowest Bidder (L1) the tendering process shall be annulled and fresh tenders shall be invited During the Suspension Banning period if it is found at any stage that Agency has participated in tender enquiry under a different name then such Agency would immediately be debarred from the tendercontract and its Bid SecurityPerformance Security would be forfeited Payment if any made shall also be recovered After Suspension Banning order the Suspended Banned Agency shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if the Suspended Banned agency is an approved Sub-Vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on the Suspended Banned agency as a Sub-Vendor Sub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-Vendor Sub-Contractor Page 7 of 13 earlier There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency Banning of business dealing shall not be applicable to the Subsidiary Company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be 78 Hosting at NHPC website The concerned unit shall forward the name and details of the Agency (ies) banned along with period and area of banning to ITampC Division of Corporate Office for displaying the same on the NHPC website 80 Appeal against the Decision of the Competent Authority The Agency may file an appeal against the order of the Competent Authority banning of business dealing before Appellate Authority Such an appeal shall be preferred within 30 (Thirty) Days from the date of receipt of the order of banning of business dealing Appellate

31

Authority would consider the appeal if convinced may constitute another committee for further investigation Based on the recommendation of the committee Appellate Authority shall pass appropriate order which shall be communicated to the Agency as well as the Competent Authority (as per format enclosed as Appendix-IV with these guidelines) 90 Circulation of the names of Agencies with whom Business Dealings have been banned The name of the concerned banned agency shall also be shared with MOP and other PSU in the sector and all the units of NHPC The provisions of this policy supersede and will have overriding effect on all earlier guidelines procedures amp system issued for the similar purpose

32

Appendix ndashI (Format for Intimation of Suspension of business dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdthellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT ( e-tender physical tender ) no helliphelliphellipdt you have submitted your bid (strike out whichever is not applicable ) Whereas the conduct of your firm in respect of the following is under investigation Brief of the default ldquoWhereas the Competent Authority prima facie considered the allegations (under investigation) are of a serious nature and decided pending investigation it is not in the interest of the corporation to continue business dealing with your firm This order shall have the following effects i) Further business dealings with your firm is Suspended within

RegionProjectUnitwide NHPC The order of Suspension is effective with immediate effect and would operate for a period of six months or till the investigation is completed and whole process of final order is over within such period However if investigations are not completed in six monthsrsquo time the Competent Authority may extend the period of Suspensio

ii) During the period of Suspension no business dealing shall be held with your firm No enquiry bid tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and price bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and Price Bids have already been opened the tendering process shall be continued

v) In case of ongoing contracts between you amp NHPC (including cases were contract has already been awarded before the issue of Suspension order) you will be required to continue with the execution and perform as per terms of the contract Page 9 of 13

a) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Suspension of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such bidding However where event of Price Bid opening has not taken place prior to SuspensionBanning of Agency then in such case Agency shall not be permitted to

33

participate as Partner in the Joint Venture ii) Banning of joint Venture As the Joint Venture is Banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been Banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been Banned in Past In case if the Joint Venture which has been Banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the Banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35 b) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work orderPurchase orderContract on your agency as a Sub-VendorSub-Contractor after the date of Suspension Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier c) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been Banned provided the Equipment has been supplied by such Agency d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned agency provided subsidiary company has not participated on the strength of the Banned agency On expiry of the above period of SuspensionBanning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Suspension Yours faithfully For amp On behalf of NHPC Note Strike out whichever is not applicable

34

Appendix ndashII (Format of Show Cause Notice) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphelliphellip Datehelliphelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Show Cause Notice Ref Dear Sir You are hereby required to Show Cause in writing within 15 days from the date hereof why Business Dealing with your firm should not be banned your firm is placed in the Banning List (as the case may be) and be debarred from entering into any contracts with NHPC for the following reasons (Give Reasons) Your reply (if any) should be supported by documents and documentary evidence which you wish to rely in support of your reply Should you fail to reply to this Show Cause Notice within the time and manner aforesaid it will be presumed that you have nothing to say and we shall proceed accordingly Your reply if any and the documents documentary evidence given in support shall be taken into consideration prior to arriving at a decision Yours faithfully For amp On behalf of NHPC

35

Appendix ndashIII (Format for Intimation of Banning of Business Dealing) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Intimation of Suspension of Business Dealings Dear Sir Whereas the work of helliphelliphelliphellip was awarded to your firm vide letter of award no hellipdtdhellip amounting to Rs helliphelliphelliphellip OR In response to NHPC NIT (e-tender physical tender) no helliphelliphellipdt you have submitted your bid (strike whichever is not applicable) Whereas the Competent Authority had prima facie considered the allegations as detailed below are of a serious nature and decided to conduct investigation Whereas show cause notice vide no hellip dtdhellipwas served upon you (whereas in spite of the opportunity given to you you failed to submit the reply to the show cause notice within the time period mentioned there upon or further extended period if any) Whereas you submitted the reply along with documents vide your letter no ______dt __________ After considering the allegations made in the show cause notice your reply to the show cause notice documentsdocumentary evidence in support thereof it has been decided to Ban the Business Dealing with you and you are hereby debarred from entering into contracts with NHPC within jurisdiction of RegionProjectUnit This order shall have the following effects i) Further business dealings with your firm is banned with immediate effect The order

of Banning would operate for a period of helliphellipyearsmonth Competent Authority may extend the period of Banning

ii) iDuring the period of Banning no Business Dealing shall be held with your firm No Enquiry Bid Tender shall be issued to your firm nor will the bids submitted by your firm be entertained

iii) In cases where tenders have already been issued to you and Price Bids are yet to be opened the Price Bid submitted by you shall not be opened and BGEMD if any submitted by you shall be returned

iv) In cases where tenders have already been issued to you and price bids have already been opened the Tendering Process shall be continued a) In case of ongoing contracts between you amp NHPC (including cases where

contract has already been awarded before the issue of Banning order) you will be required to continue with the execution and perform as per terms of the contract

b) In case the Firm is in Joint Venture the following would also be applicable i) Participation of Agency in Joint Venture

Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders and price bids have been opened prior to Banning of your firm in such cases the tendering process shall not be annulled on this ground and the Agency shall be permitted to continue as Partner in the Joint Venture for such Page 12 of 13 bidding However where

36

event of price bid opening has not taken place prior to Banning of Agency then in such case Agency shall not be permitted to participate as Partner in the Joint Venture

ii) Banning of joint Venture As the Joint Venture is banned your firm intends to bid as Partner(s) of Joint Venture in bidding process then it shall be permitted to participate in the bidding process if it has not been banned on grounds of its role and responsibility in the tendering process for which the Joint Venture has been banned in Past In case if the Joint Venture which has been banned does not indicate the roles and responsibility of individual Partner(s) then the partner of the banned Joint Venture shall only be allowed to participate in the bidding process if its participation share is less than 35

c) Your firm shall not be allowed to participate as Sub-VendorSub-Contractor in the tenders Further if your firm is an approved Sub-vendor under any Contract for such equipmentcomponentservice the Main Contractor shall not be permitted to place work OrderPurchase OrderContract on your agency as a Sub-VendorSubContractor after the date of Banning even though the name of the party has been approved as a Sub-VendorSub-Contractor earlier

d) There would be no bar on procuring the spares and awarding Contracts towards Annual Maintenance (AMC) OampM Repair works on Agencies pertaining to the packages for which they have been banned provided the Equipment has been supplied by such Agency

e) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency provided subsidiary company has not participated on the strength of the Banned Agency However in case of a default by a Sub-Contractor the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of the concerned JV or the Sole bidder as the case may be

On expiry of the above period of Banning you may approachhelliphellip (Indicate the concerned procurement department) with request for revocation of the order mentioning inter-alia the steps taken by you to avoid recurrence of misconduct which has led to Banning Further if you desire to appeal against this order you may do so within 30 days from the date of issue of this order to the appellate authority as here under Appellate Authority helliphellip Designation Addresshellip Ph no e-mail Yours faithfully For amp On behalf of NHPC Note Strikeout whichever is not applicable

37

Appendix ndashIV (Format for communication of Appellate Decision on SuspensionBanning Order) BY REGD POSTSPEED POSTCOURIER Nohelliphelliphellip Datehelliphelliphellip To Ms helliphelliphelliphelliphelliphelliphelliphelliphellip Attn Shri helliphelliphelliphelliphelliphellip Sub Suspension Banning of Business Dealings - Intimation of decision of Appellate Authority Ref 1 Order dated helliphelliphelliphellip Placing Ms helliphelliphellip on SuspensionBanning List by NHPC 2 Your Appeal reference helliphelliphellip Dthelliphellip Dear Sir This has reference to the order dthelliphelliphellip placing you on SuspensionBanning List and your appeal petition reference hellip dthellip on the same After considering the findings of the Original Authority in order and submissions made by you in your appeal and the documentsdocumentary evidences available on record it has been decided finally that There is no infirmity in the order of the Original Authority and the allegations

stand substantiated and the SuspensionBanning for the period of helliphellip yearsmonth

from the date of order as ordered by the original Authority is upheld Considering your submissions the order of SuspensionBanning passed by the

original authority is upheld but with a reduction in period of SuspensionBanning for helliphelliphellip yearsmonths from the date of order of original authority

Considering your submissions and the evidence available on record there is enough justification to annul the order of the original authority ( Incorporate any one of the above as applicable)

Yours faithfully

For amp On behalf of NHPC

38

ANNEXURE-III

PAST EXPERIENCE

Details of similar works

carried out

No and

date of order

Value of Contract

Contractual date of

completion (Month amp

Year)

Actual date of

completion (Month amp

Year)

If order is under

execution percentage of supplies complete d till date

Reasons for

delay if any

Name and complete address of

the customer

Station Date

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

39

Annexure-IV BID PROFORMA

Name of Work RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No Description of information Replies by the bidder 1 Name of the FirmCompany 2 2 Complete address of RegdHead

Office i) Postal

ii) TelephoneFax

iii) E-mail

3 Former name of the FirmCompany(if any) 4 Type of the FirmCompany(Proprietary

Partnership Private Ltd Co Public Ltd Co)

5 Year and place established 6 Are you registered with any Government

Public Sector Undertaking (if yes give Details) for work of similar nature Covered under the specifications

7 Have your Company ever been declared Bankrupt (if yes give details)

8 Validity period of tender reckoned from the due date of opening tenders 120 days

9 Annexure appended to the tender documents

10 Service Tax Registration No 11 EPF No 12 PAN 13 Completion Period 12 month

For amp on behalf of _ Signature _ Name _ Designation _ (of the authorized representative of the bidder) Official Seal of the Company

Station Date

40

TECHNICAL BID CHECK LIST (please fill all columns carefully)

NAME OF WORK RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

THE FIRM SHOULD CONFIRM THE FOLLOWING

Sr No Terms of reference As per NIT requirement of documents from the bidders

Please Mention Remarks

1 Validity 120 days from the date of opening of tender Accepted Not Accepted

2 Completion Period

Accepted Not Accepted

3 Experience of execution of the work

Self attested copy of awarddetails of work executed during last seven years Three similar completed works each costing not less than the amount equal to 40 of the estimated cost or

Two similar completed works each costing not less than the amount equal to 50 of the estimated cost or

One similar completed work each costing not less than the amount equal to 80 of the estimated cost

EnclosedNot Enclosed

4 Average annual turnover

Proof of average annual turnover during last three years ending 31st March of the previous financial year should be al least 30 of the estimated cost of the work for which bid has been invited

EnclosedNot

Enclosed

5 PAN Card Self attested copy of PAN Card

EnclosedNot Enclosed

6 Service Tax Registration No

Service Tax Registration No or declaration as required in qualification criteria elaborated under ITB 33 B (a) (iv)

EnclosedNot Enclosed

7 Sales Tax No Self attested copy of Sales Tax No EnclosedNot

Enclosed

8 EPF Code No Self attested copy of EPF Registration No allotted by Regional Provident Fund Commissioner

EnclosedNot Enclosed

9

Valid Contractorrsquos Registration Certificate

Self attested copy of valid contractorrsquos registration certificate

EnclosedNot Enclosed

10

EMD (Firm registered with NSIC will be exempted)

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

11

Cost of Tender Document

DDValid Examption certificate

Enclosed vide DD---------- Dated----------- Issued by--------

41

12 Disclosure

Under MicroSmall Medium Enterprises Not applicable (Please attached the copy issued by General Manager District Industries CentreDistrict Level Officer of State Government Otherwise it would be presumed that firm does not fall under this category

EnclosedNot Enclosed

13 Annexure-IV Duly filled Bid Performa EnclosedNot Enclosed

14 Annexure-VI Declaration in Annexure-VI EnclosedNot Enclosed

15 Bidder is to quote item-wise competitive rates for the all the items in the Price Bid

AcceptedNot Accepted

16 Electronic Clearing Payment

Format for Payment to Parties through credit clearing mechanism to submitted by the bidder as enclose

EnclosedNot Enclosed

17 Information pertains to IMS

Information pertains to IMS EnclosedNot Enclosed

18 Annexure-A amp B Legal requirement amp compliance of provisions of various Labor Enactments

EnclosedNot Enclosed

19 Scope of Works Duly accepted copy of Scope of Works EnclosedNot

Enclosed

20 Special Conditions of Contract

Duly accepted copy of Special Conditions of Contract EnclosedNot Enclosed

21 Self declaration on Banning of business

Self declaration on Banning of business EnclosedNot Enclosed

22 Rate quoted are inclusive of all taxes

Bidder is to confirm that whether the rates quoted are inclusive of all taxes

AcceptedNot Accepted

23 Pre Contract interiority pact

Pre Contract interiority pact EnclosedNot Enclosed

42

ECS - Form

ANNEXURE-V

NHPC Limited ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO PARTIES

THROUGH CREDIT CLEARING MECHANISM)

1

a)

b)

BIDDERrsquoS NAME

ADDRESS

Phone Mobile No

_

_

2

a)

PERTICULARS OF BANK ACCOUNT

BANK NAME

b)

c)

BRANCH NAME

ADDRESS

_

Telephone No

d) IFSC CODE OF THE BANK (For

payment through RTGS)

e) ACCOUNT TYPE

(SB Account Current Account or

Cash Credit with code 101113)

f) ACCOUNT NUMBER

(As appearing on the Cheque Book)

I hereby declared that the particulars given above are correct and complete If the transaction is

delayed or not effected at all for reasons of incomplete of incorrect Information I would not hold the user Company responsible

(------------------------------)

Date Signature of the Bidder

Certified that the particulars furnished above are correct as per our records

(Bankrsquos Stamp)

(------------------------------) Date Signature of the Authorized

Official from the Bank

43

ANNEXURE-VI

DECLARATIONS (to be submitted by bidder)

Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

SNo Declaration Type Declaration Acceptance Rejection

1 No Deviation Declaration

This is to certify that our offer is exactly in line with your tender enquiry This is to expressly certify that our offer contains no deviation either Technical or Commercial in either direct or indirect form

2 Undertaking We hereby undertake that we have studied and understood all the terms and conditions as mentioned in tender document (including ITB Conditions of Contract Scope of work and Technical Specifications of work) and we agree to abide by the same unconditionally

3 Declaration for De- Listing

We hereby declare that we have not been bannedde-listedblack listed from business by any PSU or Govt Department during the last three years

4 Correctness of bid We hereby declare that information furnished with Bid is correct in all respect

Signature amp seal of Bidder

Please tick which is applicable and strike out which is not applicable

Acceptance Rejection Acceptance Rejection

Acceptance Rejection Acceptance Rejection

44

FORM OF AGREEMENT

(On Non Judicial stamp paper of appropriate value)

ANNEXURE-VII

This agreement is made on _ day of Two Thousand ------- between the NHPC Ltd a Company registered and existing under the Laws of India and having its registered Office at NHPC Office Complex Sector-33 Faridabad (Haryana) (hereinafter referred to as the Employer which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) of the one part and Ms _ (herein after called the Contractor which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns) of the other part

WHEREAS the Employer is desirous that certain Works should be executed by the Contractor viz ----------- --------------------------------------------------------------------------------------------and has accepted the Bid of the Contractor for the execution and completion of such Works and the remedying of any defects therein at the cost of ------- (Rupees------------)

NOW THIS AGREEMENT WITNESSETH as follows

1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to

2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz

i) the Letter of Award ii) the Conditions of Contract iii) the priced Schedule of Quantities amp price iv) any other documents forming part of the Contract

3 In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute and complete the Works and remedy the defects therein in conformity in all respect in accordance with the provisions of the Contract

4 The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the time and in the manner prescribed by the Contract

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first

before written

For and on behalf of the Contractor For and on behalf of NHPC Ltd

Signature-------------------- Signature-------------------------

(Designation)---------------- (Designation)-------------------

Place Place Witnessed by Witnessed by

1------------------------------ 1-------------------------------

2------------------------------ 2-------------------------------

45

ANNEXURE-VIII

Format for declaration regarding applicability of Micro Small amp Medium Enterprise under MSMED Act 2006

To

Subject Declaration as regard to applicability of Micro Small amp Medium Enterprise Development Act 2006

DeclarationUndertaking

A) IWe confirm that the provisions of Micro Small amp Medium Enterprise are applicablenot applicable to us and our organization falls under the definition of

(i) [ ]- Micro Enterprise (ii) [ ]- Small Enterprise (iii) [ ]- Medium Enterprise

Please tick in the appropriate option box [ ] and attach documentscertificate if any

B) IWe also undertake to inform the change in this status as aforesaid during the currency of the contract if any

(Signature of Authorized Representative of Firm)

End of ITB

46

SECTION ndash II - CONDITIONS OF CONTRACT 10 NAME OF WORK

RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

20 PRICES AND TAXES amp DUTIES

21 Prices shall be Firm and inclusive of all cost of labour insurance EPF charges spares and TampP emergency stock all Consumables amp materials and all applicable taxes amp duties

22 Taxes duties and levies as applicable twenty eight (28) days prior to deadline for submission of bids shall be mentioned in Price Bid ie Schedule of Quantities amp Prices (Section-III)

23 All taxes amp duties mentioned in the Price Bid as per clause 22 above shall be paid reimbursed against proper invoice as per rulesdocumentary evidence and restricted to the total amount of Taxes amp Duties mentioned in Price Bid subject to clause 24 below No other taxes and duties shall be payable reimbursable by NHPC TDS certificate shall be issued for the income tax deducted at source

24 Statutory variation in Taxes and Duties or levy of any new Tax after 28 (Twenty Eight) days prior to deadline for submission of bid will be adjustedreimbursed against production of documentary evidence

25 The rates of minimum wages for different categories of workers shall be as notified by the Central Government as applicable twenty eight (28) days prior to deadline for submission of bids If there is any revision of minimum wages by the Government during the currency of the Contract the Contractor is entitled for reimbursement towards the incremental changes in Minimum wages proportionate to the manpower deployment from the effective date of revision against specific request from the Contractor with documentary evidence

26 Contractor shall be liable to extend the statutory benefits as provided under the Employees PF Act Payment of Wages Act Payment of Bonus Act Payment of Gratuity Act Workmens Compensation Act Contract Labour (RampA) Act Minimum wages Act and any other relevant Acts applicable to the establishmentThe rates mentioned in Schedule of Quantity amp Prices shall be inclusive of all such statutory obligations as applicable

27 Save and except as expressly provided elsewhere in this Contract all costs expenses charges and liabilities for the completion of the Works in accordance with the Contract andor for the due and faithful performance andor the fulfillment of all of the Contractorrsquos obligations under the Contract including furnishing of bank guarantees to the Employer pursuant to the Contract shall be to the account of and be borne by the Contractor and shall be deemed to be included in the unit rates provided for in the Schedule of Quantities amp Prices and the Employer shall not be liable in any manner whatsoever therefore

30 CONTRACT PERIOD

The Contract shall be valid for a period of 12 Months from the date of commencement of the work The Contractor shall take over and commence the work within 10 daysas specified in Letter of Award from the date of issue of Letter of Award If the Contractor commits default in the commencement of work within 10 daysas specified in Letter of Award of issue of LOA the Engineer-in-Charge shall without prejudice to any other right or remedy be at liberty to cancel the Contract and forfeit the earnest money Performance Security

40 COMPENSATION

41 The Contractor shall ensure timely attending of complaints rectification of faults within reasonable time period or the period specified by the Engineer-in-charge in case of emergency Any delay on account of contractor service personnel negligence will result as imposing of compensation Rs 0035 per day subject to maximum of 5 of contract value and the same shall be recoverable from the bill

47

42 The contractor shall provide the minimum 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled)for the work otherwise recovery shall be made from the Monthly bills as per prevailing rate for the respective category along with EPF and contractor profit with respect to shortfall of person

50 PERFORMANCE SECURITY SECURITY DEPOSIT

Within 28 days of receipt of Work Order the contractor shall furnish to the Engineer-in-Charge a performance security in the form of Demand Draft Bank Guarantee from an Indian Nationalized Bank or any Scheduled Bank in India as per the format appended as Annexure- D herewith for an amount equal to (2) two percent of the originally awarded contract price by way of guarantee valid till one month beyond the Contract period as mentioned in the Work Order for the due and faithful performance of the contract along with the other terms and conditions agreed to The Contractor shall at his own cost get the validity period of bank guarantee furnished by him extended from time to time till one month beyond the completion of work as per the provisions of the contract He shall furnish the extendedrevised Bank Guarantee to the Engineer-in-charge one month before the expiry date of the original bank guarantee or any extension thereof In case the extendedrevised Bank Guarantee is not received by the Engineer-in-charge within the specified period of one month the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank guarantee

Alternatively in case of non submission of BG towards Performance Security Security Deposit shall be deducted from initial payments due to the Contractor till total amount of security deposit becomes 10 of the Contract Value

The Performance Security Security deposit shall be released after successful completion of the entire Contract Period including extension if any The Performance Security Security deposit amount will not earn any interest for the whatsoever period detained by NHPC

Also Retention money shall be deducted by the Engineer-in-Charge from the interim bills of the Contractor 3 (three percent) of the total value of each bill of the work done (including those of price variation) towards security deposit

60 WARRANTEE

During the period of the contract if the contractor fails to rectify any defect pointed out to him the same shall be got done by NHPC at the risk and cost of contractor and recovered from the Security Deposit or any other amount payable to the contractor For non-performance of certain items or unsatisfactory performance penalty shall be levied on pro-rata basis as decided by Engineer In- charge The penalty leviable from the contractor for such non performance shall not be higher than the amount equivalent to which would have become payable to the contractor by NHPC had the work been executed by the contractor as per schedule

In case of any damage or loss on account of acts of commission or omissions of the contractor the same shall be compensated by the contractor or else shall be recovered from available payment or any monies payable to the contractor

70 TERMINATION

If the work is found to be unsatisfactory during the execution of the contract or the contractor commits default in any of the terms and conditions of the contract NHPC reserves the rights to terminate the contract and can get the work done by another agency at the risk and cost of the contractor

80 INSPECTION

48

All works under or in course of execution or executed in pursuance of the Contractor shall at all times be open to the inspection and supervision of the Engineer in Charge or his authorized representatives

90 ENGINEER-IN-CHARGE AND HIS DECISION

Head of Project (Chamera Power Station-I) or his authorized representative shall be the Engineer-In-Charge of the aforesaid 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 Employer under the Contract shall be given to the Engineer-in-Charge except as herein otherwise provided In respect of all matters which are left to the decision of Engineer-In-Charge including granting or withholding of certificates the Engineer-In-Charge shall if required give in writing a decision thereon and his reasons for such decision Such decision shall be final and binding on the Contractor

100 QUANTITY VARIATION During the execution of the contract the employer reserves the right to increase or decrease the original quantities of item without any change in unit price or other terms amp conditions In case items for which rates are not available in the Schedule of Quantities amp Prices the rates of such items shall be paid at the analyzed rate based on actual input to be provided by the Contractor

110 PAYING AUTHORITY Manager (Finance) NHPC LTDCPS-IKhairi

120 CONTRACTORrsquoS RESPONSIBILITY 121 Contractor shall ensure that all the labours appointed by him are paid minimum wages as fixed

by the Centre Government in terms of Minimum wages act and other statutory requirements It is mandatory that the payments to the labours in presence of the Engineer In-charge or his authorized representative who shall witness the same

122 The contractor shall be liable to make payment to all his employees and shall comply with labour laws If NHPC were held liable as principal employer to pay contribution in respect of the employees of the contractor then the latter would compensate NHPC with amounts of such contributions so paid by the NHPC Further if the payment to their workers is not made by the contractor the same shall be paid by NHPC by deducting the amount from the running bills any monies payable to the contractor with overhead charges of 15

123 The contractor shall maintain all the documents necessary such as Age Sex Educational qualifications Addresses of the Labourers payment vouchers Attendance Register Leave and Weekly off particulars etc to satisfy the provisions of the Labour Act Further the contractor shall maintain all relevant registers and records as per Contract Labour (RampA) Act 1970 with up to date amendments

124 The contractor shall clearly inform the labour that working in NHPC premises will not entitle them for any job in NHPC in future

125 The contractor shall submit and maintain proof for remittance of PF account amp other statutory payments made towards the labours engaged for the work

126 All the workers engaged by the contractor are subjected to Security check while entering and leaving the premises

127 The contractor will be responsible for the good conduct of his employees In case of any misconduct or misbehavior of his employeesrsquo suitable action shall be taken as per the directions of Engineer In-charge

128 The contractor or his authorized supervisor engineer will come regularly to site to ensure that the work is being performed following all Rules Regulations and Acts as specified in clause 30 above Besides above necessary coordination taking instruction from Dept and supervision of the work shall also be the responsibility of the contractor

129 The contractor shall maintain spares and TampP emergency stock in NHPC premises for which

49

space on demand may be provided

1210 The contractor should ensure that labour should wear uniforms badges shoes and safety and security items during their duty hours Also the contractor service personnel must have valid company identity cards for identification purpose

1211 The contractor shall also provide the mobile no telephone no to contact the service personnel

1212 All consumable and material used by Contractor shall be of standard brand as approved by Engineer in Charge(Hand gloves and Bamboo broom will be of locally made whereas for work wear Dagnri cloth shall be of superior quality and got approved by the Engineer-in-Charge before distribution to the contract labours on work)

1213 The Contractor is encouraged to the extent practicable and reasonable to employ staff and labour with appropriate qualifications and experience from the region of the project Unskilled labour shall be recruited from local region only

1214 The Contractor shall at his own expense comply with or cause to be complied with the ProvisionsRules provided for welfare and health of Contract Labour in the Contract Labour (Regulation amp Abolition) Act and other relevant Acts and Rules framed thereunder or any other instructions issued by the Employer in this regard for the protection of health and for making sanitary arrangements for workers employed directly or indirectly on the works In case the Contractor fails to make arrangements as aforesaid the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor

1215 In the event of any injury disability or death of any workmen in or about the work employed by the Contractor the Contractor shall at all times indemnify and save harmless the Employer against all claims damages and compensation under the Workmen Compensation Act 1923 as amended from time to time or in other law for the time being in force and rules there under from time to time and also against all costs charges and expenses of any smooth action by proceedings arising out of such accidents or injury disability or death of a workmen and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any claim in this regard If any award decree or order is passed against the Contractor for recovery of any compensation under the Workmen Compensation Act 1923 for any injury disability or death of a workman by any competent court the said sum or sums shall be deducted by the Engineer-in-charge from any sum then due or that may become due to the Contractor or from his Security Deposit or sale thereof in full or part under the Contract or any other contract with the Employer towards fulfillment of the said decree award or orders

1216 The contractor shall furnish to the Engineer-In-charge a copy of the License obtained under Contract Labour (Regulation amp Abolition) Act 1970 for employing contract labour in NHPC To obtain License NHPC shall issue a certificate in Form V

1217 COMPLIANCE WITH REGULATIONS OBSERVANCE OF LABOUR LAWS AND CONTRACTORrsquoS LIABILITIES

12171 The contractor shall comply with ldquoContract Labour (Regulation amp Abolition) Act lsquo1970rdquo and shall adhere to all prevailing labour laws in vogue from time to time including minimum wage Act Workmen Compensation Act Payment of Gratuity Act Employees PF and Miscellaneous Provision Act including FPS-71 EPS-95 Maternity Benefit Act Payment of wages Act Equal Remuneration Act Payment of Bonus Act Industrial Dispute Act Trade Unions Act Child Labour Act The Factories Act Inter-state Migrant Workmen (Employment and Conditions of Services) Act 1979 etc and any other Rules Regulations and Acts in India to which the Corporations may be subjected to

12172 The contractor shall be responsible to secure compliance with all central amp state Government laws as well as rules regulations bye laws and others of the local authorities and statutory bodies as may be in force from time to time as applicable The contractor shall also be responsible for giving the required notice to any statutory or local bodies as required by law and obtain all requisite licenses as applicable to him under the contract The contractor at all

50

times shall indemnify the Employer against all claims damages or compensation any action is taken against the Employer by the competent authority on account of contravention by the Contractor of any of the provisions of any Act or rules made thereunder regulations or notifications including amendments If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe or for non-observance of the provisions stipulated in the notificationsbye lawsactsrulesregulations including amendments if any on the part of the Contractor the EngineerEmployer shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer

1218 The Contractor shall provide and maintain upon the works sufficient proper and efficient life- saving appliances and first-aid equipment in accordance with the requirement of ILO Convention No62 The appliances and equipment shall be available for use at all time

1219 Social Accountability 8000 Compliance The Contractor shall comply with all the requirements of SA 80002001 and maintain appropriate records in support thereof and produce for inspection by NHPC representatives as and when called for

130 SAFETY

The work shall be carried out strictly adhering to all the safety norms as per NHPC Safety Rules and therefore Contractor shall have to ensure safety of all the labourers engaged by them while working

The Contractor shall provide amp make all necessary gadgetsarrangements for safety of his workmen The Corporation shall not in any way be responsible for accident minor major or fatal to any of his workmen or for any damage arising there from during the pendency of the contract which shall be the sole responsibility of the contractor The insurance charges of the workmen shall be borne by the contractor

Protective equipment like safety shoes safety helmets gloves etc shall be supplied by the contractor to the labour and shall be used particularly when working in electrically charged areas Special precaution should be taken andor Engineer in Charge should be contacted before entering the electrically charged areas

The Contractor shall be responsible for safety of all workmen employed by him from time to time and shall be responsible for payment of compensation that may arise from time to time as a legal obligation or otherwise whatsoever it may be

140 INSURANCE-

The Contractor shall take the Workmen Compensation insurance policy or any other policy as applicable for his workers engaged for the works and shall submit the proof of the policy to the Engineer-in-charge before commencing the work

All costs on account of insurance liabilities covered under the Contract will be on Contractorrsquos account and will be included in Contract Price

150 SUBLETTING OF CONTRACT

The Contractor shall execute the work himself and no part of the contract shall be without the prior consent in writing of the Engineer-in-Charge or Employer sublet or transfer other than for minor details provided that any such consent shall not relieve the Contractor from any obligation duty or responsibility under the Contract

160 CONTRACTORS SUPERVISION

The Contractor shall appoint at his own expense adequate number of supervisors engineers with sufficient experience to supervise the Works

The contractor or his authorized representatives present at the site(s) shall superintend the execution of the works with such additional assistance in each trade as the work involved shall require

51

and considered reasonable by the Engineer-in-Charge Directionsinstructions given by the Engineer-in- Charge to the Contractors authorized representatives shall be considered to have the same force as if these had been given to the Contractor himself

170 REMOVAL OF CONTRACT ORS MEN

The Contractor shall employ on the execution of the Works only such persons as are skilled and experienced in their respective trades and the Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any persons employed by the Contractor on the execution of the works who in the opinion of the Engineer-in-Charge misconducts himself or is incompetent or negligent in the proper performance of his duties The contractor shall forth-with comply with such requisition and such person shall not be again employed upon the works without permission of the Engineer in charge Any person so removed shall be replaced immediately

181 ECOLOGICAL BALANCE

During the course of work the contractor shall ensure compliance to Ecological balance under various regulations and acts in vogue including following-

1 Environment Protection Act 1986

2 The Water (Prevention and control of Pollution) Act1974

3Air (Prevention and control of Pollution) Act 1981

190 FORCE MAJEURE

191 The term Force Majeure shall herein mean riots (other than among the contractors employees) Civil Commotion (to the extent not insurable) war (whether declared or not) invasion act of foreign enemies hostilities civil war rebellion revolution insurrection military or usurped power damage from aircraft nuclear fission acts of God such as earthquake (above 7 magnitude on Richter Scale) lightning unprecedented floods fires not caused by Contractors negligence and other such causes over which the Contractor has no control and are accepted as such by the Engineer-in-Charge whose decision shall be final and binding In the event of either party being rendered unable by force Majeure to perform any obligation required to be performed by them under this contract the relative obligation of the party affected by such Force Majeure shall be treated as suspended for the period during which such Force Majeure cause lasts provided the party alleging that it has been rendered unable as aforesaid thereby shall notify within 10 days of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of such cause

192 On occurrence of Force Majeure the liability of either party shall be dealt with in accordance with the provisions as under

i) Neither party to the Contract shall be liable to the other in respect of any loss or damage which may occur or arise out of Force Majeure to the Works or any part thereof or to any material or article at site but not incorporated in the Works or to any person or anything or material whatsoever of either party provided such a loss or damage could not have been foreseen or avoided by a prudent person and the either party shall bear losses and damages in respect of their respective men and materials As such liability of either parties shall include claimscompensation of the third party also

ii) Provided however in an eventuality as mentioned in sub-clause 192 (i) above the following provisions shall also have effect

(a) The Contractor shall as may be directed in writing by the Engineer-in-Charge proceed with the completion of the works under and in accordance with the Contract and

(b) The Contractor shall as may be directed in writing by the Engineer-in-Charge re-execute the works lost or damaged remove from the site any debris and so much of the works as shall have been damaged and carry the Employerrsquos TampP Equipment Material etc to the Employerrsquos stores The cost of such re- execution of the works removal of damaged works

52

and carrying of Employerrsquos store shall be ascertained in the same manner as for deviations and this shall be paid separately to the Contractor

Provided always that the Contractor shall at his own cost repair and make good so much of the loss or damage as has been by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage

193 Should there be a request for extension of time arising out of Force Majeure the same shall be considered in accordance with clause 23

200 SUSPENSION OF WORKS

201 The contractor shall on the order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer-in-charge If such suspension is

(a) Provided for in the Contract or (b) necessary for the proper execution of the Works or by reason of weather conditions or by some default on the part of the Contractor or

(c) necessary for the safety of the Works or any part thereof

The Contractor shall not be entitled to extra costs (if any) incurred by him during the period of suspension of the works but in the event of any suspension ordered by the Engineer-in-Charge for reasons other than aforementioned and when each such period of suspension exceeds 14 days the Contractor shall be entitled to such extension of Time for Completion of the Works as the Engineer-in- Charge may consider proper having regard to the period or periods of such suspensions and to such compensation as the Engineer-in-Charge may consider reasonable in respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension

202 If the progress of works or any part thereof is suspended on the order of the Engineer-in-Charge for more than three months at a time the contractor may serve a written notice on the Engineer-in-Charge requiring permission within 15 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may (but is not bound to) elect to treat the suspension where it affects part only of the Works as an omission of such part or where it affects the whole of the Works as an abandonment of the Contract by the Employer

210 FORE-CLOSURE OF CONTRACT IN FULL OR IN PART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

211 If at any time after acceptance of the tender the Employer decides to abandon or reduce the scope of the Works for reason whatsoever and hence does not require the whole or any part of the Works to be carried out the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the works in full but which he could not derive in consequence of the fore-closure of the whole or part of the Works

212 The Contractor shall if required by the Engineer-in-charge furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition

220 TERMINATION OF CONTRACT ON DEATH

If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the Contractor is a partnership concern and one of the partners dies then unless the Engineer-in- Charge is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of partnership the surviving partners are capable of

53

carrying out and completing the contract the Engineer-in-Charge shall be entitled to terminate the Contract as to its uncompleted part without the Employer being in any way liable to payment of any compensation whatsoever on any account to the estate of the deceased Contractor andor to the surviving partners of the Contractors firm on account of termination of the Contract The decision of the Engineer-in- Charge that the legal representatives of the deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Works under the Contract shall be final and binding on the parties In the event of such termination the Corporation shall not hold the estate of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not completing the Contract Provided that the power of the Engineer-in-charge of such termination of contract shall be without prejudice to any other right or remedy which shall have accrued or shall accrue to him under the Contract

230 TIME FOR COMPLETION AND EXTENSIONS

231 Time for Completion allowed for execution of the Works is as specified in clause 30 of these conditions

232 However if the work is delayed on account of

i) Delay in handing over of site to the Contractor or

ii) Increase in the quantity of work to be done under the contract or

iii) Suspension of work or iv) Force Majeure or

v) Any other cause which in the opinion of the Engineer-in-Charge is beyond the Contractors control

then immediately upon the happening of any such event as aforesaid the Contractor shall inform the Engineer-in-charge accordingly but the Contractor shall nevertheless use constantly his best endeavors to prevent andor make good the delay and shall do all that may be required in this regard No extension in time on account of rains shall be admissible The Contractor shall request in writing for extension of time to which he may consider himself eligible under the Contract within fourteen days of the date of happening of any such events as indicated above

Provided further that no monetary claims shall be admissible to the Contractor for such extension of Time for Completion except for reimbursement of cost of extension of bank guarantee for Security Deposit and Insurance Policy(ies) Provided further that such extension is not caused by increase in Contract Price of Works

233 In any such case as may have arisen due to any of the events as aforesaid and which shall be brought out by the Contractor in writing the Engineer-in-Charge may give a fair and reasonable extension of Time for Completion after taking into consideration the nature of the work delayed and practicability of its execution during the period of extension Provided in the event of non-receipt of a request for such extensions from the Contractor for reasons whatsoever the Engineer-in-Charge may at his sole discretion and with due regard to the event grant fair and reasonable extension of time sue motto

Such extensions if admissible shall be communicated to the Contractor by the Engineer-in-Charge in writing

Provided that Engineer-in-charge is not bound to make any determination unless the Contractor has

a) within 14 days after such event has first arisen notified the Engineer and

b) within 28 days or such other reasonable time as may be agreed by the Engineer ndash in ndash charge detailed particulars of any extension of Time for Completion to which the Contractor may consider himself entitled

240 COMPLETION CERTIFICATE

241 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in clause 30 and terms and conditions mentioned in clause-23

54

As soon as the Works under the Contract is completed as a whole the Contractor shall give notice of such completion to the Engineer-in-Charge The Engineer-in-Charge within two week of receipt of such notice shall inspect the work and shall satisfy himself that the Work(s) has been completed in accordance with the provisions of the Contract and then issue to the Contractor a certificate of completion indicating the date of completion Should the Engineer-in-Charge notice that there are defects in the Works or the Works are not considered to be complete he shall issue a notice in writing to the Contractor to rectifyreplace the defective work or any part thereof or complete the work as the case may be within such time as may be notified and after the Contractor has complied with as aforesaid and gives notice of completion the Engineer-in-Charge shall inspect the work and issue the completion certificate in the same manner as aforesaid

242 No certificate of completion shall be issued as stipulated under 241 above nor Work be considered to be completed unless the Contractor shall have removed from the work site andor premises all his belongingstemporary arrangements broughtmade by him for the purpose of execution of the work and clean the site andor premises in all respects and made the whole of the site and or premises fit for immediate occupationuse to the satisfaction of the Engineer-in-Charge If the Contractor fails to comply with the above mentioned requirements on or before the date of completion of the Work the Engineer-in-Charge may as he thinks fit and at the risk and cost of the Contractor fulfill such requirements and removedispose off the Contractors belongingstemporary arrangements as aforesaid and the Contractor shall have no claim in this respect except for any sum realized by the sale of Contractors belongingstemporary arrangements less the cost of fulfilling the said requirements and any other amount that may be due from the Contractor Should the expenditure on the aforesaid account exceed the amount realised by sale of such Contractors belongingstemporary arrangements than the Contractor shall on demand pay the amount of such excess expenditure

250 PAYMENT ON ACCOUNT

251 Running Account Interim bills shall be submitted by the Contractor monthly on or before the date fixed by the Engineer-in-Charge for the work executed The Engineer-in-Charge shall then verify the bills with reference to the measurements recorded in the measurement book(s)

252 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment for the work executed after deducting there from the amounts already paid the security deposit and such other amounts as may be withhelddeductable or recoverable in terms of the Contract

253 Payment of the Contractors bills shall be made by the Employer within 30 days from the date of submission of the bill subject to the acceptance of the Engineer-in- charge

254 Any interim bills given relating to work done or materials delivered may be modified or corrected by any subsequent interim bills or by the final bill No certificate(s) of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates isare in accordance with the Contract

255 In case of disputed items for which payment has been with held the Engineer-in-charge will intimate to the Contractor in writing the details of such disputed items The Contractor shall submit in writing the clarifications modifications in regard to these disputed items to the Engineer-in-charge After receipt of such clarifications modifications and acceptance thereof by the Engineer-in-charge payment on receipt of such disputed items shall be released within 30 days thereafter

257 Statutory taxes like Income Tax Work Contract Tax etc as applicable in the State shall be deducted from payment

260 PAYMENT OF FINAL BILL

The final bill shall be submitted by the Contractor within one month of the date fixed for completion of the Work or of the date the Certificate of Completion furnished by the Engineer-in-Charge No further claim in this regard unless as specified herein under shall be entertained Payment shall be made within 3 months of the submission of Final bill If there shall be any dispute about any item or items

55

of the work then the undisputed item or items only shall be paid within the said period of three months The Contractor shall submit a list of the disputed items within thirty days from the disallowance thereof and if he fails to do so his claim shall be deemed to have been fully waived and absolutely extinguished Provided further the Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the Contract or execution of the Works unless the Contractor shall have included a claim in respect thereof in his Final Bill

270 OVER PAYMENT AND UNDER PAYMENT

271 Whenever any claim whatsoever for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other contract with the Employer or from any other sum whatsoever due to the contractor from the Employer or from his security deposit or he shall pay the claim on demand

272 The Employer reserve the right to carry out post- payment audit and technical examination of the final bill including all supporting vouchers abstracts etc The Employer further reserves the right to enforce recovery of any overpayment when detected notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before an arbitrator appointed under clause 280 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award

273 If as a result of such audit and technical examination any overpayment is discovered in respect of any work done by the Contractor or alleged to have been done by him under the Contract it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above and if any under-payment is discovered the amount shall be duly paid to the Contractor by the Employer

274 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other contract with the Employer shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor

275 Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer-in-Charge or Employer against any claim of the Employer or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Engineer-in-Charge or Employer or with such other person or persons

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Employer will be kept withheld or retained as such by the Engineer-in-Charge or Employer or till his claim arising out of in the same Contract or any other contract is either mutually settled or determined by the arbitrator under Clause 28 hereof or by the competent court

280 SETTLEMENT OF DISPUTE

281 A notice of the existence of any dispute or difference in connection with this Contract shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 282 has failed whichever is later failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred

282 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably

283 Arbitration

Except as otherwise provided in Clause 9 herein before all dispute or difference in respect of

56

which the decision has not been final and conclusive arising between the Contractor and the Employer in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder

2831 On receipt of such notice the Employer shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel communicate to the Employer the name of one of the persons from such panel and such a person shall then be appointed as Sole Arbitrator by the Engineer-in-Charge of the Employer

2832 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Employer then after the expiry of the aforesaid stipulated period the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator

2833 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason then the Employer shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 2832 herein above Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor

2834 The award of the Arbitrator shall be final and binding on both parties to the Contract The Arbitratorrsquos fees as well as the cost of Arbitration proceedings shall be borne equally by either party

2835 Irrespective of the amount of claim the Arbitrator shall give reasons for the award

2836 Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof and the rules made thereunder and for time being in force shall apply to the arbitration proceedings under this clause

2837 The venue of the arbitration proceedings shall be in Delhi or any other suitable and convenient place in India as may be decided by the Learned Arbitrator

2838 The Language of arbitration proceedings and of all documents and communications between the parties shall be English

284 Notwithstanding any reference to the Arbitration herein

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

(b) the Employer shall pay the Contractor any moneys due to the Contractor

Sd- Manager (Elect) Proc amp Contract Deptt

57

PERFORMANCE GUARANTEE FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act if any of the Country of the issuing Bank)

ANNEXURE-D

To [Employerrsquos Name amp Address]

Dear Sirs

Bank Guarantee No Date helliphellip

In consideration of the [Employerrsquos Name] (hereinafter referred to as the lsquoEmployerrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators and assigns) having awarded to Ms [Contractorrsquos Name] with its RegisteredHead Office at (hereinafter referred to as the lsquoContractorrsquo which expression shall unless repugnant to the context or meaning thereof include its successors administrators executors and assigns) a Contract by issue of Employerrsquos Letter of Acceptance No dated and the same having been acknowledged by the contractor for helliphelliphelliphelliphellip [Contract sum in figures and words] for helliphelliphellip [Name of the work] and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to helliphellip()helliphelliphellip of the said value of the aforesaid work under the Contract to the Employer

We [Name amp Address of the Bank] hellip having its Head Office at (hereinafter referred to as the lsquoBankrsquo 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 Employer on demand any and all monies payable by the Contractor to the extent of () as aforesaid at any time upto () [daysmonthyear] without any demur reservation contest recourse or protest andor without any reference to the Contractor Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court Tribunal Arbitrator or any other authority The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges this guarantee or till helliphelliphelliphelliphellip[daysmonthyear] whichever is earlier

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

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Employer may have in relation to the Contractorrsquos liabilities

58

i) Our liability under this

Bank Guarantee shall not exceed helliphelliphelliphelliphelliphelliphellip

ii) This Bank Guarantee shall

be valid up to helliphelliphelliphelliphelliphelliphelliphelliphellip

iii) We are liable to pay the

guaranteed amount or any part thereof under this Bank Guarantee only and only if Employer serve upon Bank a written claim or demand on or before helliphelliphelliphelliphelliphelliphelliphelliphellip

Dated this day of 200hellip at

WITNESS Signed for and on behalf of the Bank

1 (Signature)

(Signature)

(Name)

(Name)

(Official Address) (Designation with Bank Stamp)

2 (Signature) Attorney as per

Power of Attorney No Dated

(Name)

(Official Address) Communication address of the Bank Name of the contact person Tel No Fax No Email Notes 1 () This sum shall be ten percent (10) of the Contract Price denominated in

the types and proportions of currencies () This date will be Thirty (30) days beyond the Contract period as specified in

the Contract

59

2 The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank

3 Vendorrsquos stamp with full details ie name of the purchaser in whose favour this stamp paper has been purchased should invariably be mentioned on the back side of the stamp paper

4 Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on Behalf of the Contractor) under the registered post (AD) The Contractor can submit an advance copy of Bank Guarantee to the Employer However in case of exceptional circumstances where efficient postal services are not in force the Bank Guarantee may be submitted by the Contractor directly to the Employer and the issuing Bank shall submit an unstamped duplicate copy of Bank Guarantee directly under the registered post (AD) to the Employer with a forwarding letter

60

SECTION ndash III - SPECIAL CONDITIONS OF CONTRACT

1 Scope of work The scope of work includes deployment of total manpower of 38 Personnelrsquos (02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) for RampM operation catering services gardening cleaningsweeping of VIP Guest House Sr ExecutiveExecutive field hostel Executive non-executive club HPTITampHRD Complex Scada Hall etcand adjoining utilities gym etc Providing consumables amp work wear for 12 months

2 SPECIAL TERMS amp CONDITIONS

1 The Contractor shall have to attend the OO the Manager (PampC) for signing the formal agreement along with the stamp paper of adequate value before start of work but not later than 30 days from the date of issue of letter of award failing which recovery of Rs 1000- per week or part thereof shall be deducted from the bill

2 In case water for construction work is supplied by NHPC the recovery 2 will be made for the items in which cement will be used but the contractor has to make his own arrangements

3 The works shall be carried out strictly in accordance with specifications mentioned under the relevant code or as decided by the Engineer In Charge In case of any variation decision of Engineer in Charge shall be final and binding

4 The contractor shall not use forest wood as fuel for the labour but shall made his alternative arrangement at his own cost for other type of fuel

51 For each Contract the hindrance register printed in the standard format shall be opened from the zero date A sample proforma for hindrance register is enclosed as Annexure-II

52 Hindrance register shall be in the custody of NHPC executives and will be issued with appropriate control number by Construction Complex head supervising the works Construction Complex head may further direct concerned MgrDMAM to maintain this register

53 Hindrance Register shall be signed jointly by Authorized Representative of the Contractor and AMDMMgr maintaining the register on day to day need basis This register shall be further checked by Engineer-in-charge of the works on regular basis

6 (i) The rates shall be inclusive of all kinds of Taxesduty or levy if applicable on the

serviceworks contract service (WCS) under the tender and shall remain fixed amp firm during the period of contract and no payment on account of inflationprice escalation will be admissible

(ii) If at any point of time during the currency of the contract aggregate value of taxable service exceeds Rs 9 lakhs the contractor is required to register himself immediately with the Central Excise or Service Tax office and produce the registration number to NHPC enabling NHPC to comply the provision of Service Tax Act In case the contractor fails to act in the above manner any service tax liability arising under the act shall be his responsibility and NHPC shall not be responsible in any manner neither

61

during the currency of contract nor after closing of the contract whatsoever may be Aggregate value means the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued as the case may be during a financial year but does not include value charges in invoices issued towards such services which are exempt from whole of service tax leviable thereon under section-66 of the said Finance Act under any other notification

(iii) All applicable taxesduties including Service tax as applicable and assessed on the Employer shall also be included in the pricesrates which shall be deducted from the Contractor and deposited to the concerned authority by the Employer

7 Recovery of electricity bill will be effected from the RA bill as per rates applicable 8 The Contractor shall strictly follow the legal requirements mentioned in Legal register

(Ref Annexure-A) and shall be solely responsible for consequences arising out of violation of any legal requirement

9 The Contractor shall strictly follow the safety and other provisions of OHSAS -18001 and Environment Management System and shall be responsible for making himself and his workforce aware of these Engineer-in-charge shall facilitate the Contractor to make aware of the provisions by imparting training and arranging awareness programmes in association with TampHRD department as required from time to time

10 Each contract labour should have identity card issued by the contractor at the time of duty power station area

11 Smoking is strictly prohibited 12 Proper signage at work site like ldquoMen at workrdquo ldquowork in progressrdquo etc shall be provided

and placement of demarcation will be done by the contract supervisor NHPC representative before commencement of the work and same shall be removed properly before closing of works

13 The contractor shall submit Material safety data sheet (MSDC) for the materials if comes

under hazardous materials 14 Proper care should be taken to maintain cleaning in the work area 15 Additional conditions for General Maintenance Contract

(a) Two sets of Work wear DangriOverall will be provided by the contractor to each worker and colour coding shall be followed in the following manner

Sl Classification TypeColour

(i) Worker engaged for Power House amp Dam Works

Crimson Red DangriOverall

(ii) Worker engaged for colony SMDHospital

Navy Blue DangriOverall

(iii) Worker engaged roadsparks Water supply system

Dark green DangriOverall

(iv) CanteenGuest House (Food Handling Contract Labours)

Light Brown Shirt Brown Trouser

(v) Electrician Plumber and other skilled labour

Khaki ShirtTrouser

(b) TampP items amp consumables in the scope of the Contractor shall be arranged by the Contractor and shall be taken by respective site in-charge in MAS account as

62

check measurement (c) All TampP either issued by department or his own shall be cleaned and maintained

by the Contractor (d) Other required TampP and items including PPEs not included in scope of the contract

shall be arranged by the Employer (e) Wherever mentioned minimum no Of person shall be deployed as specified in

the scope of work In case of shortfall in the deployment of person recovery shall be affected from the bill as per applicable minimum wages along with contractor profit with respect to shortfall of person

(f) Labour wage disbursement shall be done not later than 7 days of following months

(g) 04 Nos A-type quarters for stay of labour shall be provided free of cost by the department Recovery of electricity bill will be made as per latest charges per unit It will be the responsibility of contractor to vacate the quarters at the end of particular contract Payment of final bill will be released on receipt of NO DUE Certificate duly issued by Engineer-in-Charge

(h) The contractor firm will have to deploy minimum numbers of 38 Personnelrsquos

(02 No Supervisers (Skilled)-ITI or 5 years work experience in similar nature of works) 01 No Head Cook(Skilled- ITI or 5 years work experience in similar nature of works) 05 No Cook (Semi-skilled) 04 No Cook Helper(Unskilled) 07 No Waiter(Unskilled) 03 No Dish Cleaner(Unskilled) 01 No Dhobi(Unskilled) 04 No House Keeper(Unskilled) 02 No Mali(Seni-skilled) 08 No SweeperMazdoor(Unskilled) and 01 No Machine Operator(Gym)(Semi-skilled) The contractor will execute the work up to the entire satisfaction of Engineerndashin-Charge It will be the responsibility of the contractor to execute the contract successfully amp satisfactorily in case additional manpower have to be deployed by the contractor for successful execution of the contract no extra payment will be made by the corporation

(i) The minimum wages are applicable as per the notification of Ministry of Labour amp Employment Govt of India As and when minimum wages are revised by Ministry of Labour amp Employment Govt of India Notification (Central Govt) revised minimum wages shall be required to be paid to the workmen The difference in minimum wages employerrsquos contribution towards EPF with administration charges shall be reimbursed to the contractor against evidence of paymentstatutory compliance by the contractor

16 PAYMENT TERMS 161 Manager (Finance)CPS-I shall be the paying authority for this contract

162 The contractor shall submit interim monthly bills to the Engineer-in-Charge in the third week of every month for the services provided by him during the preceding month under this contract along with following documents ndash (i) Proof of disbursement of wages corresponding to the bill for the personnelrsquos

deployed under this contract 163

A Engineer In-charge will ensure that the payment of wages by the contractor to his labour is made on or before 7th of every month and record a certificate in runningfinal bill of contractor that ldquo Certified that the contractor has made payment of wages to the labour engaged by him for the work on or before 7th of consecutive month

B In case contractor fails to make payment to the labour as per above the Engineer In-charge will initiate the case on very next day to release the payment by the department to the labour on behalf of the contractor concerned and will prepare a statement of payment in following format indicating Name Bank details of workmen and Net wage amount to pay The

63

statement of payment shall duly be authorized by the Engineer-In-charge for release of payment by the finance

i) In case of Labour having account with SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No Name of Labourer

Bank Account No

Branch Name Net Amount

ii) In case of Labour having account other than SBI

Name of work helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip Name of the Contractor helliphelliphelliphelliphelliphelliphelliphelliphellip Payment for the Month helliphelliphelliphelliphelliphelliphelliphellip

Sl No

Name of Labourer

Bank Name

IFSC Code

Bank Ac No

Net Amount

Bank Charges (Filled by Fin Wing)

Total Amt (Filled by Fin Wing)

C Finally while submitting the runningfinal bill the Engineer-In-charge will ensure to make recovery of payment made to the labour by the Power Station on behalf of the contractor concerned alongwith 15 additional recovery and fulfill all conditions and formalities as per Award Letter

D If contractor found defaulter three times in a contract period he may be debarred for participating in forthcoming tenders of the Power Station for a period of one year

17 The contractor shall have to submit the following documents to the Engineer-in-Charge of

the works before start of actual execution of the works at site (i) The license under Section 12(I) of the Contract Labour (Regulation Abolition) Act 1970 (ii) HP Sales Tax Registration No (ii) Labour Insurance (iii) PUBLIC Liability Insurance (iv) The contractor shall submit Police Verification Certificate of Employee Labour to

be engaged by him before start of work 19 The contractor will have to submit the copy of EPF challan deposited in favour of the

labours engaged by him along with declaration form and duly certified by the contractor at the time of payment of RA bill

20 All the material will be supplied with first RA bill in central store and drawn as per actual requirement by end -user

21 The contractor shall ensure for compliance of provisions of various Labour Enactments as per AnnexurendashB attached

22 The contractor shall have to submit four (04) sets of ICard of Labour deployed against this work 3 (Three) sets in the office of Principal Employer and 1 (One) set in the office of Engineer In-charge

23 Security Deposit will be released after expiry of defect liability period subject to discharge of all legal liabilities by the contractor No interest on the amount of Security Deposit shall be paid to the contractor at the time of release of Security Deposit as stated above

23 All the activities implemented in the power station must be in accordance to ISO 9001 ISO 14001 OHSAS 18001 amp SA 8000

24 Court of Jurisdiction Competent Court of Jurisdiction will be ChambaDalhousie or Honrsquoble High Court of Shimla

64

25 SPECIAL CONDITIONS for VIP Guest House and Maintaining of Hydro Power Training Institute HPTI Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas I Running and Maintaining of VIP Guest HouseHydro Power Training Institute HPTI

Trainee Hostel Training Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas

II The contractor shall furnish the programme for deployment of manpower from 0600 AM to 1100 PM

III The labour deployed should not be less than 18 years old IV Cleaning of VIP Guest HouseHydro Power Training Institute HPTI Trainee Hostel Training

Auditorium SCADA Hall Complex Ravi Retreat Gym and Adjoining areas shall be the responsibility of the contractor

V The contractor will ensure availability of sufficient Quantity and quality of food articles of daily consumption in the Kitchen

VI The contractor shall ensure that all statutory requirements like License EPF Code No Sales Tax Labour Insurance and other requirement as amended from time to time by Govt of Himachal Pradesh and Govt of India and various laws and Acts and the contractor shall submit the latest proof of the same before starting of the work

VII The period of the above work will be 12 Calendar months which shall be reckoned wef 00002013

VIII Security Deposit Income Tax and works Taxany other tax will be deducted as per rule IX In case of any mishappening the contractor has to bear all financial liability as per

Workmen Compensation Act and NHPC will not be responsible for the same X The contractor will not sublet the contract

XI The Department reserves its rights to close the contract within 2 days after serving the short notice to contractor

XII Nothing extra will be paid for catering service and for providing meals for parties out side the premises as and when required by the department

XIII The department will provide all Furniture Crockery Cutlery Utensils items etc and the same shall be kept in good condition by the contractor The contractor shall handover the same back to the department in good conditions at the time of completion of contract In case of any shortagedamage cost of the item will be recovered from the contractor

XIV The contractor shall arrangeprovide all materialsConsumable items In case of non-providing the recovery shall be effected double the rates of each item

XV The contract can be extendedterminated keeping in view the performance of the contractor

XVI The contractor will ensure Police verification and Identity Card of the persons to be deployed by him as per availability for the period of contract

XVII Electricity will be provided free of cost by the department in the Mess The contractor shall not use any Heater for cooking purpose

XVIII Contractor shall arrange for the safety provision for the labour during the contract For refreshment facilities the food shall be prepared using standard quality ingredients Menu and rates shall be decided by Committee taking one representative of Contractor at the time of evaluation of the bid by PampC Department The rates shall be displayed at all reasonable location of the buildingComplexes under the contract Sd-

Manager (Elect) Proc amp Contract Deptt

65

DOrsquoS AND DONrsquoTrsquoS FOR CONTRACTORS Dorsquos

Start jobs after getting work permit only Prepare sandcementaggregate mix on non-permeable sheetconcrete floor Keep all raw-construction material like sand cement bricks etc at one place Keep cement bags on wooden pallets only Cover cement bags with polythene Keep cement bags on polythene bagswooden pallets at working site Clean the area after job completion Carry out the mixing activities in an isolated area to prevent the impact of noise Disconnect all power supply when not operating Incase any tree has been uprooted due to construction activities ensure that it is

planted in any other designated area Donrsquots

Donrsquot prepare cement mixture on ground Donrsquot allow the flow of the construction material in storm water drain or in workplace

area Donrsquot store cement bags on ground Donrsquot smoke beedi cigarette of chew tobacco pan-masala inside factory premises

other than in designated areas स वदाकार क कटर को या करना ह और या नह करना ह

या करना ह वक परिमट िमलन क बाद ह काय श कर बाल सीमट का मसाला रसाव र हत शीट अथवा क ट फलोर पर तयार कर क चा माल जस बाल सीमट ट आ द एक थान पर रख सीमट क बो रय को लकड़ क फ ट पटर पर ह रख सीमट क बो रय को पालीथीन स ढक द काय म सीमट क बो रय को पालीथीन बग लकड़ क फ ट पटर पर ह रख काय पण हो जान पर जगह को अ छ तरह साफ कर द शोर स बचन क िलए क च माल िमलान का काय कसी एकात थान पर कया जाए काय ख म होन पर बजली क आपित बद कर द काय क दौरान य द कोई पड़ उखाड़ा जाता ह तो यह सिन त कर क वह कसी अ य सर त

थान पर लगा दया जाए या नह करना ह

जमीन पर सीमट का मसाला तयार न कर िनमाण साम ी को बाढ़ क पानी या काय म न जान द जमीन पर सीमट बग न रख फ प र म बीड़ िसगरट तबाक पान मसाला का सवन न कर इन का सवन िनधा रत

थान पर ह कर Sd-

ब धक ( व त)

66

य एव स वदा वभाग

67

Information Pertaining to IMS

Name amp Address of Supplier Contractor Sub-contractor __________________ __________________

S No Check Point Current Status

If ldquoNOrdquo Target Remarks

Yes No Date for Action 1 Child Labour 2

No Child Labour (ie Less than 18 years of Age) work in company facilities

12 Records of Age Proof of employees recruited in the company are always maintained

2 Forced Labour 21 The Original document (like Certificates

Degrees Passport) of employees at the time of recruitment is never kept

22 Employees are free to leave the plant at the end of shift

23 Employees are free to quit the company as and when desired

3 Health amp Safety 31 There is a systematic review of Health and

Safety of employees

32 There is a system of feed back from the employees for discussion on health and safety issues

33 Regular Training Programs on Health amp Safety are conducted in the company

34 Adequate first aid supplies and trained First Aid Personnel are available for emergencies

35 Proper ventilation Lighting amp Working Conditions are provided on shop floors

36 Adequate Fire Safety equipment are provided in the plant facilities

37 Adequate Number of Lavatory facilities are provided

371 Lavatories are hygienic and cleaned as per schedule

38 Regular Training is conducted for all the employees on Safety amp Health topics

381 Fire Drills take place regularly 39 Potable Water Facilities are provided in the

plant

391 The quality of Potable Water is checked periodically

310 Eating Place for the employees is clean and hygienic

311 Accident Reports are made and analyzed 3111 There is decreasing trend in accidents by

taking corrective actions

4 Freedom of Association and Collective Bargaining

68

41 Employees have right to join any trade union of their choice

42 Union Members are not discriminated 43 If no union is there in the company there is

a system for collecting bargaining through the employees nominated personnel

44 There are written documents available for bargaining agreements

441 Copies of Agreements signed by Union Leader Available

5 Discrimination 51 No discrimination is done while recruiting

promoting hiring compensation and training of employees

52 The rituals and other practices of Employees of different cast race origin are respected

521 They are given the opportunities for per-forming their rites as and when required

53 The Employees are not subject to indecent verbal physical or sexual abuse

531 There is system for making appeals to Senior Management if any of above such incident reported

6 Disciplinary Practices 61 There are no evidences of Corporal

Punishment to Employees

62 The Employees are familiar with ldquoDiscipline Policyrdquo

63 Grievance reported if any are resolved and actions taken as per Policy

7 Working Hours 71 Employees are made to work 48 hours a

Week

72 The Employees are given one day off in Seven days

73 The employees are free to leave after working hours

74 Overtime hours do not exceed 12 hours in a week

75 Overtime is voluntary and paid at premium rates

76 Breaks are given during working hours as per rules

8 Remuneration 81 The salary compensation is made to all

employees as per Minimum Wage Act of the State

82 Employees understand the calculations made for payments of wages

83 The Wages are paid as per the convenience of the employees (ie cash cheque)

84 No deductions are made from wages on account of ldquoDisciplinary Measuresrdquo

85 Wage Slips are provided to all employees

69

9 Management Systems 91 The Company has Management Systems

like ISO 9000 ISO 14001 SA 8000

92 The company has systems for monitoring the requirements as given above from Step 1 to 8 analyzing and taking corrective actions

93 The company verifies the above systems requirements with their suppliers sub-contractors contractors through their evaluation

94 The company maintains maintain reasonable evidence that the requirements of this standard are being met by suppliers and subcontractors

95 Where the company receives handles or promotes goods andor services from supplierssubcontractors or sub-suppliers who are classified as home workers the company takes special steps to ensure that such home workers are afforded a similar level of protection as would be afforded to directly employed personnel

96 The company has a policy to always improve the Working Conditions for their employees and the same is reviewed through regular Management Reviews

Marks obtained- out of 50 (Each checkpoint is worth one mark) (Signature) Name (Company Stamp) Designation Date

70

Annexure-A

Legal Requirements Index Sl ACT RULE REFERENCE

1 Water (Prevention and Control of Pollution) Act 1974 and Rules 1975

2 Water (Prevention amp Control of Pollution) Cess Act 1977 amp Rules 1978

3 Air (Prevention amp Control of Pollution) Act 1981 amp Rules 1982

4 Environment Protection Act 1986 amp Rules 1986

5 Hazardous Wastes (Management and Handling) Rules 1989

6 Manufacture Storage amp Import of Hazardous Chemical Rules 1989

7 Bio Medical Wastes (Management and Handling) Rules 1998

8 Noise Pollution (Regulation and Control) Rules 2000

9 Ozone Depleting Substances (Regulation and Control) Rules 2000

10 Batteries (Management and Handling) Rules 2001

11 Petroleum Act 1934 and Rules 2002

12 Gas Cylinder Rules 2004 (framed under the Explosives Act 1884)

13 Indian Electricity Act 2003 and Rules 1956

14 Central Motor Vehicles Act 1988 and Rules 1989

15 Static and Mobile Pressure Vessels (Unfired) Rules 1981

16 FACTORY ACT 1948 and Himachal Pradesh Factory Rules 1950

17 Atomic Energy Act 1962 and Radiation Protection Rules 1971

18 Contract Labour (Regulation amp Abolition) Act 1970

19 Other Legal Requirements

i OHSAS 2007

ii Child Labour (Prohibition amp Regulation) Act 1986

iii RTI Act 2005

iv No use of Polythene bags as per HP Pollution Control Board

v Energy Conservation Act 2001

vi Maternity Benefit Act 1961

vii Workmanrsquos Compensation Act

20 Building amp other Construction Workers (REampCS) Central Rules 1998

71

Annexure-B Certificate from Contractor for compliance of provisions of various Labour Enactments

Name of work ldquoRampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Name of Contractor ______________________________________ S N Name of Act Yes No Remarks (If non-

compliance)

1 CONTRACT LABOUR (REGULATION amp ABOLITION) ACT 1970 Read with Himachal Pradesh Rules 1974 framed there under

Applicability Every establishment employing 20 or more workmen

a) Each contractor employing more than 20 workmen is having a valid license for No of persons actually employed at works

b) Display an abstract of the Act in English and Hindi

c) Display notices showing in English and Hindi (and local language whatever applicable)

Rates of wages

Hours of work

Wages period

Date of payment of wages

Name amp Address of the Inspector

Date of payment of unpaid wages

d) Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash XIII Register of workmen employed by Contractor

Form ndash XIV (Employment Card) being given by the Contractor

Form ndash XV (Service Certificate) being given by the Contractor

Form ndash XVI being maintained by the Contractor ndash Muster Rolls

Wage Register in Form ndash XVII being maintained by the Contractor

Form ndash XVIII Combined (Register of Wage-cum-Muster Rolls) being maintained by the Contractor where the wage period is a fortnight or less

Form ndash XIX Wage Slip being given by the Contractor

Form ndash XX being maintained by the Contractor ndash Register of Deductions for damage or loss

Form ndash XXI being maintained by the Contractor ndash Register of Fines Form ndash XXII being maintained by the Contractor ndash Register of Advances Form ndash XXIII being maintained by the Contractor ndash Register of Overtime

Form ndash XXIV Half Yearly Returns is being sent by the Contractor ndash Details of workmen and Compliance of Provisions laid down

e) Welfare Facilities

Arrangements of hygienic and clean drinking water at sites

Provisions of urinals toilets at each site and to keep hygienic clean

No worker less than the age of 14 years is engaged at site

No female worker is employed after 700 pm at site

First-Aid-Box with necessary medicines kept at the site

72

Canteens where more than 100 workers are ordinarily employed

Rest Room provided

2 MINIMUM WAGES ACT 1948

Applicability Persons employed at scheduled employment on specified class of work

All group activities are covered under the Act

a) Payment of minimum wages by the Contractor as per notification issued by Government Authorities

b) Display an abstract of the Act

3 INTER-STATE MIGRANTS WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1979 (To fill only if applicable)

Applicability Every estab employing 05 or more inter-state migrant workmen are employed

Modus Operandi of recruitment of contract labour determines the status of worker as

Inter-State Migrant a) Workman issued a passbook with photograph

b) Inter-State Migrant workman paid displacement allowance equivalent to 50 of monthly wages

c) Journey Allowance Fare paid to workman by the Contractor

4 EMPLOYEES PROVIDENT FUNDS AND MISC PROVISIONS ACT 1952

Applicability Applies to a factory or estab employing 20 or more employees either directly or through the Contractor

a) Contractor has been allotted PF Code Number from PF Authorities

b) Deposit of deductions by 15th of each month

c) Returns Forms Records to be maintained amp submitted to the Authorities

d) Inspection Book maintained for observations of the Inspector

5 PAYMENT OF WAGES ACT 1956

Applicability Applies to factories industrial establishments construction maintenance etc

a) Payment of wages by 7th of each month

b) Signature of Authorized Representative of Principal Employer certifying the amount in Wage Register

c) Payment of overtime as per Act

d) Abstract of the Act and Rules in English and Hindi displayed

Returns Forms Records to be maintained amp submitted to the Authorities

Form ndash I Register of Fines

Form ndash II Register of Deductions for damage and loss Form ndash III Register of Advance Wage Slip issued

6 Building amp other construction workers (REampCS) Central Rules 1998 i) Compliance of the Act ii) Registration Certificate

73

Annexure-E Declaration

IWehelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip hereby declare that IWe have read the while tender document carefully and accept all the terms and conditions of the tebder

Seal and Signature of bidder

74

Annexure-F (To be kept in Envelope No 1)

As per Policy for detection prevention of fraud in the Corporation I we are hereby certify that we I would adhere to the Fraud policy of the corporation and not indulge or allow anybody else working in our my organization to indulge in fraudulent activities and would immediately apprise NHPC Limited of the fraud suspected fraud as soon as it comes to their notice We I also agree that this is form part of documents both at the time of submission of bid and agreement of execution of contract

Signature of the bidder

Section ndash IV

Schedule of Quantities amp Prices Name of the work- RampM of VIP Guest House Sr Executive Executive field hostel Executivenon-executive club and TampHRD complexHPTI at CPS-IKhairi

Sl No

Description Unit Qty Unit Rate Including all taxes (Rs) (In figure) (in Words)

01 RampM of TampHRD ComplexHPTIVIP Guest House Sr Executive Field Hostel Executive Field Hostel Executive amp Non Executive Club e Scada Hall tc (As per scope of work)

Month 12

02 Providing of consumables for the work 201 Bamboo Brooms No 288 202 Flower Brooms No 336 203 Phenyl liquid(1 ltr) White Bottle 562 204 Small Soap No 1860 205 Vim Bar(365 gms) No 552 206 Harpic-500 ml Bottle 408 207 Paper Napkin Pkt 420 208 Wheel Powder KG 360 209 Duster Cloth of standard Size No 420

21 Napthalene Balls(100 gms) Pkt 540 211 Colin(500 ml) Bottle 84 212 Wiper No 60 213 Pocha Cloth of standard Size No 408 214 HIT Spray(225ml) No 120 215 Room Freshner(300 ml) No 120 216 Odonil Air Freshner(50 gms) No 552 217 Detol Liquid Soap(250 ml) No 216 218 Pencil Cell No 180 219 Toilet Paper No 144 220 Lux Soap(75 gms) No 180 221 Allout mosquito machine No 50 222 Allout mosquito refill No

352

03 Providing of Work Wear amp PPEs 301 Work Wear (Twice during contract period) No 76

302 Hand Gloves Pair 72 Sd-

Manager(Elect) (Signature amp Stamp of the Bidder) PampCCPS-I

  1. 2017-01-21T112546+0530
  2. India
  3. Ramavtar Chouhan
Page 13: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest
Page 14: NHPC LTD.4.imimg.com/data4/GS/TN/HTT-1901/1901_2017-01-26-16-44...2017/01/26  · 1 NHPC LTD. (A Govt. of India Enterprise) TENDER DOCUMENT FOR HIRING OF SERVICES FOR R&M of VIP Guest
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