HINDUSTAN URVARAK & RASAYAN LIMITED

(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)

SECTION – I

NOTICE INVITING TENDER

(NIT)

NAME OF PACKAGE: ARC for Mechanical Maintenance jobs in

DM Plant and Offsite Area at HURL Gorakhpur.

NIT No: HURL/GKP/C&M/22-23/C-212/TE-291 DATED 18.08.2022

1.0 HURL (Hindustan Urvarak & Rasayan Limited) invites on-line bids from eligible Bidders
fulfilling the Qualifying Requirements / Pre-Qualification Criteria (PQC) under the Single
Stage Two Part Bidding system for the aforesaid package.

2.0 Brief Details

Published Date Refer CPP Portal

Bid Document Download / Sale Start Date Refer CPP Portal

Bid submission Start Date Refer CPP Portal

Last Date and Time for Bid submission Refer CPP Portal
Technical Bid Opening Date & Time Refer CPP Portal
Earnest Money Deposit (EMD) in INR INR 76,000.00
Pre-Bid Conference Date & Time (if any) Not Applicable
Last Query Date Refer CPP Portal
Reverse Auction Not Applicable

3.0 EMD/Bid Security shall be submitted in a sealed envelope separately offline/online by the
stipulated bid submission closing date and time at the address given below. Any bid without
an acceptable Bid Security (if applicable) shall be treated as non-responsive by the employer
and shall not be opened.

Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007

4.0 MSE bidders are exempted from submission of EMD as per provisions in the Tender
Documents. MSE bidders seeking benefits of MSE as specified in the Tender Documents,
must submit Attested/Self attested copy of Registration certificates (as mentioned in clause
4.0 of ITB) failing which no benefit of MSE shall be extended.

5.0 A complete set of Bidding Documents may be downloaded by any interested from the e-
tendering Site (https://eprocure.gov.in/eprocure/app).

Bidder who has downloaded the tender from the Central Public Procurement Portal
(CPPP) website https://eprocure.gov.in/eprocure/app, shall not tamper/modify the
tender document/form including downloaded price bid template in any manner.
In case the same is found to be tampered/modified in any manner, bid will be
completely rejected and EMD would be forfeited and Bidder is liable to be banned from
doing business with HURL for a period of two years.
Intending Bidders are advised to visit CPPP website https://eprocure.gov.in/eprocure/app
regularly till closing date of submission of tender for any corrigendum / addendum/
amendment.
Not more than one tender shall be submitted by one bidder/ bidder(s) having business
relationship. Under no circumstance will father and his son(s) or other close relations who
have business relationships with one another (i.e., when one or more partner(s)/director(s) are
common) be allowed to tender for the same contract as separate competitors. A breach of this
condition will render the tenders of both parties liable to rejection.

Page 2 of 4
6.0 Qualifying Requirements/ Pre-Qualification Criteria (PQC)
Following are the Qualifying Requirements

Sr. Criteria Document Required

No

1 The bidder shall have valid company The Bidder shall submit the status (i.e., Name
registration, PAN Card issued by income Tax and complete address) of the firm/company
department, registration with EPF Organization along with its constitution such as sole
and valid GSTIN registration. As a proprietorship/Partnership Firm Limited/Private
documentary proof of same, the bidders shall Company, Year of Establishment and place of
submit signed, stamped, and scanned copies of Business, etc.
certificates like registration certificates,
registration with EPF organization, GSTIN
Registration certificates, PAN card issues by
income Tax Department.
The Bidder must have executive Similar
2 Document to be Submitted.
Work * during 07 financial years preferably
with Government Sector/Public sector Copy of Work Order/PO/rate contract/
Undertakings or big reputed corporate in agreement with following details:
private sector, (between year 2015-16 to year
i) Work order/PO/rate contract/
2021-22)
agreement with number, date, and
Three similar completed works each costing value
Rs. 15.25 Lacs ii) Name of the client,
OR Item details- Experience in Mech. ARC
Two similar completed works each costing
Rs. 19.06 Lacs in Power/fertilizer/Oil &
OR gas/petrochemical/chemical
One similar completed work each costing industry.
Rs. 30.50 Lacs
Definition of “Similar work”
iii) Completion certificate
A) Similar Nature means: - Party must have
a) Reference work order/PO/rate
experience of mech. ARC in
contract/agreement with number,
Power/fertilizer/Oil & gas/chemical date, and value
industry. b) Execute value (certificate issued by
client/Certificate issued by
Chartered Accountant or statutory
or auditors
3 The minimum Average Annual turnover of Bidder shall submit Audited Balance Sheet/
the bidder Should be at least INR Profit & Loss Account for the Three
11,44,000.00 (Rupee Eleven Lakhs Forty preceding financial years i.e. 2019-20,
four Thousand Only) for Three preceding 2020-21 & 2021-22.
financial years i.e. 2019-20, 2020-21 &
OR
2021-22
Certificate issued by Chartered Accountants or
Note-
statutory auditors of the bidding entity
(i) In case where audited results for the last certifying the Annual Turnover for the Three
financial year as on the date of techno- preceding financial years i.e., 2019-20, 2020-
commercial bid opening are not available, 21 & 2021-22
the financial results certified by a practicing
Chartered Accountant shall be considered
acceptable. In case, Bidder is not able to
submit the certificate from practicing
Chartered Accountant certifying its

Page 3 of 4
 Sr. Criteria Document Required
No
financial parameters, the audited results
for the three consecutive financial years
preceding the last financial year shall be
considered for evaluating the financial
parameters, a Certificate would be
required from the CEO/CFO as per the
format enclosed in the bidding documents
stating that financial results of the
company are under audit as on the date of
techno-commercial bid opening and the
certificate from a practicing chartered
accountant certifying the financial
parameters is not available.

7.0 Bids will be opened as per the date/time as mentioned on the Date specified above or on the
date specified on the e-tendering portal. The date of Price-Bid opening will be intimated later
on the e-tendering portal.
8.0 HURL shall not be responsible for any postal /courier delay for submission of EMD and/or
other original documents, if applicable.

9.0 HURL reserves the right to reject any or all bids or cancel/withdraw the NIT for the subject
package without assigning any reason whatsoever and in such case, no bidder/intending
bidder shall have any claim arising out of such action.
10.0 Bids shall be digitally signed and uploaded by someone legally authorized and competent on
behalf of his firm/company i.e., Bidder and relevant documents w.r.t. the same to be uploaded
along with the bid by the bidders.
The Power of Attorney of such a person needs to be furnished along with bid.

11.0 Address for Communication.

Sh. Prashant Samanway Sh. Durgesh Kumar Singh
Officer (Contracts & Material) Manager (Contracts & Material)
Hindustan Urvarak & Rasayan Limited Hindustan Urvarak & Rasayan Limited
(A Joint Venture of CIL, NTPC, IOCL, FCIL & HFCL) (A Joint Venture of CIL, NTPC, IOCL, FCIL &
Admin Building, HURL Campus, HFCL)
PO-HURL Fertilizer Plant Admin Building, HURL Campus,
Gorakhpur-273007 PO-HURL Fertilizer Plant
Mobile No. 9430676867 Gorakhpur-273007
Email ID: [email protected] Mobile No. 9741497975
Email ID: [email protected]
Sh. P C Chaturvedi
DGM (Contracts & Material)
Hindustan Urvarak & Rasayan Limited
(A Joint Venture of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant
Gorakhpur-273007
Mobile No. 9450916413
Email ID: [email protected]

Page 4 of 4
 HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)

SECTION – II

INSTRUCTIONS TO BIDDERS
(ITB)
Sr. no Index

1 Introduction

2 General Information

3 Content of Bidding Documents

4 Benefits To MSEs

5 Cost of Bidding

6 Clarification on Bidding Documents

7 Corrigendum/ Amendment to Bidding Documents

8 Language of Bid

9 Bid Proposal

10 Documents Comprising the Bid

11 Bid Prices

12 Price Basis

13 Bid Currencies

14 Earnest Money Deposit (EMD) / Bid Security / Guarantee

15 Performance Security / Performance Bank Guarantee (PBG)

16 Confirmation of BGs through Structured Financial Messaging System (SFMS)/SWIFT

17 Ineligibility for Future Tenders

18 Period of Validity of Bids (Techno-Commercial Bid and Price Bid)

19 Nil Deviation

20 Format and Signing of Bid

21 Submission of Bids

21.1 Physical bid

21.1.1 Earnest Money Deposit etc.

21.2 on-line

21.2.1 Techno-Commercial Bid

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 21.2.2 Price Bid

22 Deadline for Submission of Bids

23 Modification and Withdrawal of Bids

24 Opening of Bids

25 Clarification on Bids

26 Preliminary Examination of Techno-Commercial Bids

27 Evaluation Of Techno-Commercial Bids

28 Preliminary Examination Of Price Bid

29 Discrepancies In Bid

30 Evaluation Criteria

31 Evaluation Of Bids

32 Contacting The Employer

33 Employer’s Right To Accept Any Bid And To Reject Any Or All Bids

34 Award Criteria

35 Construction of Contract

36 Notification of Award

37 Corrupt or Fraudulent Practices

38 Fraud Prevention Policy

39 Banning Policy

40 Indian Agents

Annexure- Checklist of documents to be submitted:

1

Annexure- Guidelines for online Bid Submission and Reverse Auction.

2

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1.0 Introduction Hindustan Urvarak & Rasayan Limited (HURL) is a joint venture company of
Coal India Limited (CIL), NTPC Limited (NTPC) and Indian Oil Corporation
Limited (IOCL) as the lead promoters with Fertilizer Corporation of India
Limited (FCIL) and Hindustan Fertilizer Corporation Limited (HFCL) as other
two partners.
HURL referred to herein as ‘the Employer’, intends to engage an agency for
supply of Goods & related Services or Services as per specifications, Scope of
Work as detailed in the Bidding documents.

2.0 General The prospective Bidders are invited to submit a “Technical & Commercial Bid”
Information and “Price Bid” for the package. Methodology for submission of Bid has been
detailed hereunder in this document.
Applicability of Reverse Auction may be seen on the CPP website / NIT.

3.0 Content of The items and/or services required, bidding procedures, order/contract terms and
Bidding technical requirements are prescribed in the bidding documents/Bidding
Documents Documents.
The bidding documents include the following sections:

Section-I Notice Inviting Tender (NIT)/Tender Enquiry/Invitation

for Bid (IFB)

Section-II Instruction to bidder (ITB)

Section-III General Conditions of Contract (GCC)

Section-IV Scope of work and Other terms & condition

Section-V Forms and Procedures

The Bidder is expected to examine all instructions, forms, terms, conditions,

specifications and other information in the bidding documents. Failure to furnish
all information required as per the bidding documents or submission of a bid not
substantially responsive to the bidding documents in every respect will be at the
Bidder’s risk and may result in rejection of its bid.

4.0 Benefits To Micro and Small Enterprises (MSEs) shall be exempted from paying Earnest
MSEs Money Deposit.
Further, in case of tenders where splitting of quantity is possible, participating
MSEs quoting price within price band of L1 + 15 percent shall also be allowed
to supply a portion of requirement by bringing down their price to L1 price in a
situation where L1 price is from someone other than a Micro and Small
Enterprise and such Micro and Small Enterprise shall be allowed to supply up
to 25 percent of total tendered value. In case of more than one such MSE, the
supply will be shared proportionately (to tendered quantity).
The benefit as above to MSEs shall be available only for Goods/Services
produced & provided by MSEs.
MSEs seeking exemption and benefits should enclose/upload in e-tender portal
an attested/self-certified copy of following registration certificate as a part of his
bid, failing which they run the risk of their bid being passed over as ineligible

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 for the benefits applicable to MSEs.
i) Ministry of MSME vide Gazette notification no. CG-DL-E-26062020-
220191 dated 26.06.2020 had notified certain criteria for classifying the
enterprises as Micro, Small and Medium Enterprises and specified, form
and procedure for filing the memorandum (Udyam Registration) w.e.f.
01.07.2020 (for complete details of policy refer website of Ministry of
MSME i.e. https://msme.gov.in/) Accordingly, Micro and Small
Enterprises (MSEs) shall be required to submit Udyam Registration
Certificate for availing benefit under Public Procurement Policy for MSEs-
2012

ii) An enterprise registered prior to 30.06.2020 and who is not re-registered

with Udyam Registration, shall continue to be valid for a period up to
31.12.2021. Such enterprise shall submit EM Part-II or Udyog Aadhaar
Memorandum (UAM) for availing benefits of PPP-2012.
5.0 Cost of The Bidder shall bear all costs associated with the preparation and submission of
Bidding its bid and the Employer will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the bidding process.

6.0 Clarification A prospective Bidder requiring any clarification of the Bidding Document shall
on Bidding put the query under Clarification tab of the on-line bid at least three days prior
Documents to the clarification end date. EMPLOYER will respond to any request for
clarification or modification of the bidding documents that it receives within
the time line specified.
EMPLOYER will post the Clarifications under Clarification tab at e-tender i.e.,
CPP website. Bidders can view these clarifications.
Bidders are advised to regularly check under Clarification tab regarding posting
of clarification, if any.
Bidders must check the Clarifications issued before submission of Bid. Should
the Employer deem it necessary to amend the Bidding Document as a result of
a clarification, it shall do so and upload the amendments in the tender on the e-
tender portal.

7.0 Corrigendu At any time prior to the deadline for submission of bids, EMPLOYER may, for
m/ any reason, whether at its own initiative, or in response to a clarification
Amendmen requested by a prospective Bidder, amend the bidding documents.
t to Bidding
The corrigendum’s/amendment’s will be posted in the tender on the e-tender
Documents
portal for viewing by the Bidder. The amendments will be binding on Bidders
and it will be assumed that the information contained therein will have been
taken into account by the Bidder in its bid. Bidders are advised to regularly
check the tender regarding posting of Amendments, if any.
To give prospective Bidders reasonable time to take the
corrigendum/amendment into account in preparing their bid, EMPLOYER
may, at its discretion, extend the deadline for the submission of bids.

8.0 Language The Bid, as well as all correspondence and documents relating to the Bid
of Bid exchanged by the Bidder and the Employer, shall be written in English
language. Supporting documents and printed literature that are part of the Bid
may be in another language provided they are accompanied by an accurate
translation of the relevant passages in English. In such case for purposes of

Page 5 of 29
 interpretation of the Bid such translation shall govern.

9.0 Bid Proposal Bid shall be complete in all respects and shall be submitted with requisite
information and Attachments. It shall be free from any ambiguity.
For preparation of Bids, Bidders are expected to go through the complete
bidding documents carefully. Material deficiencies in providing the
information requested may result in rejection of the Bid.

10.0 Documents The Bid shall comprise of following components:

Comprising
Technical Bid:
the Bid
The following documents are to be furnished by the Bidder as part of the
Technical Bid:
a) Techno Commercial Proposal Bid Form

b) Power of Attorney as per requirement mentioned in NIT.

c) proof for payment of Earnest Money Deposit (EMD)/ MSE Certificate

for exemption.
d) Certificates like Registration certificate, GST No, PAN No. etc.
e) Format for Electronic Payment
f) Tender Acceptance Letter & Letter of authorization to submit bid.
g) Documents as required in accordance with Eligibility Criteria
h) No deviation Certificate.
i) Certificate from CEO or Managing Director or Legally Authorised
Signatory, in the format as enclosed with the Bidding Document
certifying that the data and documents furnished by them in respect of
Techno-Commercial Evaluation are true and correct including the
contents thereof. However, if at any point of time the declarations
given in bid are found to be incorrect, HURL shall have the full right
to terminate the contract and take any action as per provisions of
contract including forfeiture of EMD/Security Deposit.
j) Acceptance of Fraud Prevention Policy of HURL,
k) Certificate related to Restrictions on procurement from a Bidder of a
country which shares a land border with India”.
l) Documents in compliance to Scope of Work and Technical
Specifications
m) Any other document asked for in the Bidding Documents.

Price Bid:
The Price bid is to be submitted in the BOQ provided in the Tender at
https://eprocure.gov.in/eprocure/app.
Bidders are advised to fill the BOQ and upload the same on the portal.
Bidder should not tamper/modify download price bid template. In case if the
same is found to be tampered / modified in any manner, bid will be rejected
and EMD would be forfeited and Bidder is liable to be banned from doing

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 business with HURL for a period of 2 years.

11.0 Bid Prices Bidders shall quote such that the bid price covers all the Supplier’s obligations
mentioned in or to be reasonably inferred from the bidding documents
including all requirements in accordance with the requirements of the
Technical Specifications & Scope of Work. Bidders are required to quote the
price for the commercial, contractual and technical obligations outlined in the
bidding documents.
Bidders shall give a breakdown of the prices in the manner and detail called
for in the Bill of Quantity (BOQ).

12.0 Price Basis Bidders are required to quote price on the price basis as per Scope of Work /
stipulated in the SCC.

13.0 Bid All prices to be quoted by the bidders will be in Indian Rupees only, unless
Currencies otherwise mentioned in the Special Conditions of Contract, on FIRM price basis
and to remain valid during the currency of the Contract.

14.0 EARNEST MONEY DEPOSIT (EMD) / BID SECURITY / GUARANTEE:

The Bidder shall furnish, as part of his bid, a Earnest Money Deposit in the amount
as stipulated in NIT/IFB/Tender Enquiry, in a separate envelope (in case paid in
modes other than on-line payment) superscribed on the top as under:

“ORIGINAL EARNEST MONEY DEPOSIT FOR NIT NO.

…………………………DATED……… FOR ……. (NAME OF PACKAGE) ……
DUE ON ……… (DATE OF BID OPENING) FROM …………………………….
(NAME OF THE BIDDER).”

The Earnest Money Deposit (EMD) shall, at Bidders option, be submitted in the
following forms:

electronically by RTGS / NEFT in the account of HURL details as given in

subsequent paragraphs
or
in the form of Demand Draft in favour of Hindustan Urvarak & Rasayan Limited,
Payable at New Delhi.
or
in the form of an irrevocable bank guarantee.

The format of Bid Guarantee (BG) towards EMD shall be in accordance with the form of
EMD included in the bidding documents (Annexure 8 of Section V (Forms and
Procedures)). The BG towards EMD shall remain valid for a period of forty-five (45) days
beyond the original Bid validity period or beyond any extension in the period of Bid
validity subsequently requested from any Scheduled / Commercial Bank recognised by
Reserve Bank of India. The Bank Guarantee Verification Checklist duly filled in as per
format given in the Bidding Documents is also to be submitted. Bidder shall ensure that all
the points of check list are replied in "Yes".

Wherever Bids under Joint Venture route are permitted as per Qualifying
Requirement in the Bidding Documents, the Earnest Money Deposit of the Joint

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 Venture must be on behalf of all the partners of the Joint Venture.

Any bid not accompanied by an acceptable Earnest Money Deposit in accordance

with the aforesaid provisions shall be rejected by the Employer as being non-
responsive and shall be rejected without being opened.

The Earnest Money Deposit shall be forfeited in any of the following circumstances
without any notice or proof of damage to the Employer:

a) If the Bidder withdraws or varies its bid during the period of Bid validity.

b) If the Bidder does not accept the Arithmetical correction of its Bid Price

c) If the Bidder refuses to withdraw, without any cost to the Employer, any deviation,
variation, additional condition or any other mention anywhere in the bid, contrary to
the provisions of bidding documents;

In the case of a successful Bidder, if the Bidder fails, within the time
limit,

to sign the Contract Agreement

to furnish the required Security Deposit

If the bidder / his representatives commit any fraud while competing for
this contract pursuant to Fraud Prevention Policy of HURL.

if the Bidder withdraws/ amends, impairs and derogates from the tender.

No interest will be payable by the Employer on the said amount covered under
Earnest Money Deposit.

EMD shall be refunded to all the unsuccessful Bidder within thirty days of
acceptance of work order by the successful Bidders and no interest shall be
payable thereon. EMD of the bidders whose price are not considered to be opened,
shall be released/refunded at the earliest but not later than thirty days beyond the
award of the subject work.

EMD shall be refunded to successful bidder within (30) thirty days of acceptance of
LOA and on submission of PBG by the successful Bidders and no interest shall be
payable thereon.

RTGS / NEFT details of HURL as under:

Earnest Money Deposit is to be deposited electronically by ECS/
RTGS/NEFT/BANKERS CHEQUE in the account of “Hindustan Urvarak and
Rasayan Limited, payable at Delhi” at the below mentioned details. Bidders are
required to submit the details of EMD payment at the time of Bid Preparation.
BANK Details for EMD Payment through ECS/NEFT/RTGS:
Bank Name/Branch – State Bank of India/Overseas Branch Delhi
IFS CODE: SBIN0004803, Account No: 36245010741.

Bidders are required to upload Signed, Stamped and Scanned copy of the Certificate as
part of Technical Bid, failing to which their bids are liable for rejection.

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 Price Bids shall be opened only of those bidder(s) whose EMD shall be found as per the
requirement of the bidding documents.

Exemption from submission of EMD:

Micro and Small Enterprises (MSEs) bidders are exempted from submission of EMD as per
provisions at clause 4.0 above.
Within thirty (30) days of the receipt of Purchase Order/Service Order
15.0 Security
from the Employer, the contractor shall furnish the Contract
Deposit /
Performance Security / Guarantee, for the due performance of the
Performance Contract for the value as tabulated below with an initial validity up to
Security / ninety (90) days beyond the completion date for work plus defect
Performance liability period (if any), for due performance of the Contract(s)/Order(s)
Bank in any form acceptable to the Employer.
Guarantee SD amount equivalent to 10% of the work order value shall be
(PBG) applicable.
Security Deposit / Performance Bank Guarantee (PBG) may be
submitted in any of the following forms:
• electronically by RTGS in the account of HURL details of which are
given in bidding document

or

. in the form of Demand Draft in favour of Hindustan Urvarak &

Rasayan Limited, Payable at New Delhi.

or
• in the form of an irrevocable bank guarantee in accordance with the
form included in the bidding documents (Annexure 10 of Section V
(Forms and Procedures)) from any Nationalized bank / Scheduled
Bank recognised by Reserve Bank of India.

Failure of the supplier to submit the above-mentioned Performance

Security / Performance Bank Guarantee (PBG) shall constitute
sufficient grounds for the annulment of the award and forfeiture of the
Bid Security / Security deposit submitted before award of work.
No interest shall be payable by the Owner to the Contractor against
the Security Deposit furnished.
Performance Security shall be returned after Certification of
completion of work and Defect Liability period (if any) by EIC.
However, the contractor will have to apply in writing, for a refund of
the same.
3. HURL reserves the right to forfeit the security deposit/PBG if the
Contractor fails or neglects to take up the job, abide by to fulfill the
terms and conditions of the contract, and/or execute the work
satisfactorily
16.0 Confirmati While issuing the physical BGs, the Bidder’s Bank shall also send electronic
on of BGs message through secure SFMS (in case of BGs issued from within India) or
through SWIFT (in case of BGs issued from outside India) to Employer’s Beneficiary
Structured Bank whose details are provided in the Special Purchase Conditions.

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 Financial Bidders are advised to ensure that the message is sent by their Bankers and
Messaging the Bidders must submit the reference details as part of the bid with the
System EMD.
(SFMS)/S
Name of Beneficiary of Bank Guarantee:
WIFT
Name of the Bank: State Bank of India
Account Name-Hindustan Urvarak & Rasayan Limited
Account no-36245010741
IFSC code- SBIN0004803.
In case of submission of EMD in the form of Bank Guarantee, bidders are
requested to provide the Details like Bank Name, Branch address, IFSC code
and Branch E-mail Id of BG issuing Branch on EMD submission covering letter

17.0 Ineligibility Notwithstanding the provisions regarding forfeiture of Earnest Money Deposit
For Future specified above, if a bidder after having been issued the Purchase
Tenders Order/Contract, either does not accept the Purchase Order/Contract or does not
submit an acceptable Performance Security and which results in tender being
annulled then such bidder shall be treated ineligible for participation in re-
tendering of the particular package.
If a bidder after opening of tenders where EMD is ‘NIL/Not applicable’ or
exempted for bidders as per policy guidelines, withdraws its offer within the
validity period of the offer, then such bidder shall be treated as ineligible for
participation in the future tenders issued from HQ for a period of 6 months
from the date of withdrawal of the bid.
If a bidder after having been issued the Notification of Award/Purchase Order
of a package where EMD is ‘NIL/Not applicable’ or exempted for bidder as per
policy guidelines, either does not accept the Notification of Award/Purchase
Order or does not submit an acceptable Performance Security pursuant to ITB
Clause titled ‘Performance Security’, and which result in tender being annulled
then such bidder shall be treated ineligible for participation in re-tendering of
this particular package.

18.0 Period of Bids shall remain valid for a period of 180 days from the closing date prescribed
Validity of by EMPLOYER for the receipt of bids, unless otherwise specified in Special
Bids Conditions of Contract (SCC). A bid valid for a shorter period shall be rejected
(Techno- by EMPLOYER as being non-responsive.
Commercial
In exceptional circumstances, EMPLOYER may solicit the Bidder's consent to
Bid and
an extension of the bid validity period. The request and responses thereto shall
Price Bid)
be made in writing by post or email or by telefax followed by post confirmation.
If a Bidder accepts to extend the period of bid validity, the validity of Earnest
Money Deposit shall also be suitably extended. A Bidder may refuse the request
without forfeiting its Earnest Money Deposit. A Bidder granting the request will
not be required nor permitted to modify its bid.

19.0 Nil Deviation No deviation, whatsoever, is permitted by EMPLOYER to any provision of

Bidding Documents. The Bidders are advised that while making their Bids and
quoting prices, all conditions are appropriately taken into consideration. Bidders
shall certify their compliance to the complete Bidding Documents as per
Certificate at Annexure 4 of Section V (Forms and Procedures).
In case the Products and/or Services offered do not meet the Technical

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 requirements, the bid shall be rejected as Technically non-responsive.
Bidders may note that in case the Bidder refuses to withdraw additional
conditions/deviations/variations/exception, implicit or explicit, found anywhere
in the techno-commercial bid, the bid shall be rejected as Technically non-
responsive.
Bidders may also note that any deviation/variation in any form in the Price Bid
shall result in forfeiture of EMD.

20.0 Format and The bid including all documents uploaded in the on-line bid shall be digitally
Signing of certified by a duly authorised representative of the Bidder to bind him to the
Bid contract using Class II or Class-III digital signature (in the name of designated
individual with Organisation name). The Digital Signature shall be as per
Indian IT Act from the licensed Certifying Authorities (CA) operating under
the Root Certifying Authority of India (RCAI) namely Controller of Certifying
Authorities (CCA) of India.
An authorisation letter/power of attorney indicating that the person signing the
bid has the authority to sign the bid is to be submitted in Physical form and
copy uploaded as part of the Techno-commercial Bid.

21.0 Submission Bid shall be submitted through e-tender mode in the manner specified elsewhere
of Bids in bidding document. No Manual/ Hard Copy of the Bid shall be acceptable
except those asked for in Physical form.

21.1 PHYSICAL
BID
The Bidder shall furnish, as part of his bid, a Earnest Money Deposit in the
EMD
amount as stipulated in NIT/IFB/Tender Enquiry, in a separate envelope (in
case paid in modes other than on-line payment) superscribed on the top as
under:

“ORIGINAL EARNEST MONEY DEPOSIT FOR NIT NO.

…………………………DATED……… FOR ……. (NAME OF
PACKAGE) …… DUE ON ……… (DATE OF BID OPENING)
FROM ……………………………. (NAME OF THE BIDDER).”

21.2 ON-LINE Bid along with all the documents should be submitted in the electronic form only
through e-Tendering system.
Any revision or amendment in bid shall be possible only up to the due date and
time of submission of tender.

21.2.1 Techno-Commercial Bid

COVER MSEs seeking exemption and benefits should enclose/upload in e-tender portal a
(A)
TYPE – attested/self-certified copy of registration certificate as a part of his bid, failing
FEE which they run the risk of their bid being passed over as ineligible for the
benefits applicable to MSEs.

Page 11 of 29
(B) COVER The bidders shall upload documents in compliance to the Bidding Documents.
TYPE –
TECHNICA The following documents are to be furnished by the Bidder as part of the
L Technical Bid:

a) Techno Commercial Proposal Bid Form (Enclosed as Annexure-1 to

Forms and Procedures i.e., Section VI)

b) Power of Attorney as per requirement mentioned in NIT.

c) Signed, Stamped and Scanned copy of proof for payment of Earnest

Money Deposit (EMD)/ MSE Certificate.

d) Signed, Stamped and Scanned copy of Certificates like Registration

certificate, GST No, PAN No. etc.

e) Signed, Stamped and Scanned copy of Format for Electronics

Payment (Enclosed as Annexure-2 to Forms and Procedures i.e.,
Section VI)

f) Signed, Stamped and Scanned copy of Tender Acceptance Letter &

Letter of authorization to submit bid (Enclosed as Annexure-3 to
Forms and Procedures i.e., Section v)

g) Documents as required in accordance with Eligibility Criteria i.e.,

Clause 6 of NIT

h) Signed, Stamped and Scanned copy of No deviation Certificate

(Enclosed as Annexure-4 to Forms and Procedures i.e., Section V)

i) Signed, Stamped and Scanned copy of Certificate from CEO or

Managing Director or Legally Authorised Signatory, in the format as
enclosed as Annexure-5 to Forms and Procedures i.e., Section VI to
Bidding Document shall be furnished certifying that the data and
documents furnished by them in respect of Techno-Commercial
Evaluation are true and correct including the contents thereof.
However, if at any point of time the declarations given in bid are
found to be incorrect, HURL shall have the full right to terminate the
contract and take any action as per provisions of contract including
forfeiture of EMD/Security Deposit.

j) Acceptance to Fraud Prevention Policy of HURL, for which the bidder

has to submit Signed, Stamped and Scanned copy of Form of
Acceptance of Fraud Prevention Policy of HURL. (Enclosed as
Annexure-6 to Forms and Procedures i.e., Section V)

k) Certificate related to Restrictions on procurement from a Bidder of a

country which shares a land border with India”. (Enclosed as
Annexure-7 to Forms and Procedures i.e., Section V)

l) Documents in compliance to Scope of Work and Technical

Specifications
m) Any other document asked for in the Bidding Documents.

Page 12 of 29
 Note: -

Bidders are requested to upload the clearly visible documents only otherwise if
not clearly visible then offer shall be liable for rejection without any further
communication. The Techno-Commercial Bid should not contain any price
content entry. In case, the Techno-Commercial Bid is found to contain any
price content, such bid shall be liable for rejection.
Checklist of documents to be submitted is enclosed as Annexure-1 to ITB.
The Price bid is to be submitted in the BOQ provided in the Tender at
21.2.2 Price Bid
https://eprocure.gov.in/eprocure/app.
(COVER
TYPE – Bidders are advised to fill the BOQ and upload the same on the portal.
FINANCE) Bidder should not tamper/modify download price bid template. In case if the
same is found to be tampered / modified in any manner, bid will be rejected and
EMD would be forfeited and Bidder is liable to be banned from doing business
with HURL for a period of 2 years.
Bidders shall necessarily submit the prices on-line in the Bill of Quantity
(BOQ) only.
For preparation of the “Price Bid”, Bidders are expected to take into account
the requirements and conditions of the bidding documents. The Price Bid shall
be made in the ‘BOQ’ (excel file) only of Bidding Documents.
The rate quoted by the bidder shall be inclusive of all provisions for incidental
expenses necessary for proper execution and completion of the work in
accordance with the terms & condition of the bidding document.
All prices to be quoted by the bidders will be in Indian Rupees only, unless
otherwise mentioned in the Special Conditions of Contract, on FIRM price
basis and to remain valid during the currency of the Contract.

Documents to be uploaded in the format stipulated in the tender (online).

Note: In case of Single Stage Two envelope bidding, Price Bid of those bidders
whose bids are found to be qualified and technically & commercially
responsive shall be opened at a later date under intimation to such bidders.

22.0 Deadline for Bids must be submitted online no later than the time and date stated in the
Submission Tender Enquiry/NIT/ on line Tender details.
of Bids
The Off-line bid specified in the tender must be submitted to the Employer at
the address given in the Special Conditions of Contract before the last date &
Time for submission of Bid as specified in the NIT / Tender. Employer shall
not be liable for loss/non-receipt/late receipt of above documents in postal
transit.
The on-line Bid must be submitted on the system well before the expiry of
time and the schedule specified in the tender notifications, and may note that
there is a time lag between the actual placing the bid on the local computer of
the bidder and the refreshing of the data on the server.
The processing time for data exchange depends on the internet speed of the
bidder, therefore bidder should avoid the last minute hosting of their bid. The
bids visible to the Employer will be final for the purpose of acceptance.
EMPLOYER may, at its discretion, extend this deadline for submission of
Page 13 of 29
 bids, in which case all rights and obligations of Employer and Bidders will
thereafter be subject to the deadline as extended.

23.0 Modification The Bidder may modify or withdraw its bid after submission prior to the
and deadline prescribed for bid submission. In case of withdrawal a letter giving
Withdrawal the reason for withdrawal is to be uploaded. Once a bid is withdrawn, the bid
of Bids cannot be re-submitted.
No bid may be withdrawn / modified in the interval between the bid submission
deadline and the expiration of the bid validity period. Withdrawal/Modification
of a bid during this interval may result in the Bidder’s forfeiture of its Earnest
Money Deposit, pursuant to ITB Clause 14 above.

24.0 Opening of Bids

Techno- The Employer will first open the Techno-Commercial Bid on the date and at
Commercial the place specified in the tender enquiry/NIT. In the event of the specified date
Bid Opening for the opening of bids being declared a holiday for EMPLOYER, the bids will
be opened at the appointed time on the next working day. All important
information and other such details as EMPLOYER, at its discretion, may
consider appropriate, will be announced at the opening.
Technical Bid shall be opened for evaluation.
In case of Single Stage Two Envelope bidding, the Price Bid will remain
unopened and the date and time for opening of price bids shall be intimated
separately on the CPP website by EMPLOYER after completion of evaluation
of Techno-Commercial Bids.

Price Bid In case of Single Stage Single Envelope bidding, the Price Bid will be opened
Opening on the date and time for opening of bids specified after opening of Techno-
commercial bids as specified above.
In case of Single Stage Two Envelope bidding, after the evaluation process of
Techno-Commercial bid is completed, the date and time for opening of price
bids shall be intimated separately by Employer. Bidders, whose Techno-
Commercial Bid is not substantially responsive, their Technical Bid shall be
rejected and their Price bid will also be rejected & shall not be opened and
their Earnest Money Deposit shall be returned.
Price bids of those Bidders, who have been considered qualified and whose
Techno-commercial Bid is found to be responsive, will be opened online in
presence of the Bidder's authorised representatives who choose to attend.
The participating bidders will be able to view the bid prices of all the
bidders after online opening of Price Bids by Employer on the e-tender
portal.

25.0 Clarification During bid evaluation, EMPLOYER may, at its discretion, ask the Bidder for a
on Bids clarification of its bid including documentary evidence pertaining to the
Purchase Orders/Contracts executed declared in the bid for the purpose of
meeting Qualifying Requirement specified in NIT/IFB. The request for
clarification and the response shall be in writing, and no change in the price or
substance of the bid including substitution of Purchase Orders/Contracts
executed in the bid by new/additional Purchase Orders/Contracts executed for
conforming to Qualifying Requirement shall be sought, offered or permitted.
For this purpose, only 1 chance, shall be given. If the techno-commercial
Page 14 of 29
 acceptability of bidder is established upon verification of documents including
clarifications submitted, the case shall be considered for further processing. If
the bidder happens to be defaulter upon verification of the documents or has
not uploaded the required document within the mentioned time frame his bid
would be analyzed based on the uploaded documents and if found not in order
as per requirement, would be outrightly rejected.

26.0 Preliminary EMPLOYER will examine the bids to determine whether they are complete,
Examination whether required securities have been furnished, whether the documents have
Of Techno- been properly signed and whether the bids are generally in order.
Commercial
Bids Prior to the detailed evaluation, the Employer will determine whether the bid is
of acceptable quality, is generally complete and is substantially responsive to
the bidding document. For purpose of this determination, a substantially
responsive bid is one that conforms to all the terms, condition and
specifications of the bidding documents without material deviations, objections,
conditionality or reservations.
A material deviation, objection, conditionality or reservation is
(i) that effects in any substantial way the scope quality or performance of the
contract.
(ii) that limits in any substantial way inconsistent with the bidding document
the Employers right or the successful bidders obligation under the
contract or
(iii) whose rectification would unfairly affect the competitive position of
other bidders who are presenting substantially responsive bids.
Material deficiencies in the bid may render the bid non-responsive and may
lead to the rejection of the bid.
EMPLOYER’s determination of a bid’s responsiveness is to be based on the
contents of the bid itself without recourse to extrinsic evidence. If a bid is not
substantially responsive, it will be rejected by EMPLOYER, and may not
subsequently be made responsive by the Bidder by correction of the
nonconformity.

27.0 Evaluation EMPLOYER will carry out a detailed evaluation of the Techno-Commercial
Of Techno- bids (of the qualified bidders shortlisted as above) previously determined to be
Commercial substantially responsive in order to determine whether the technical and
Bids commercial aspects are in accordance with the requirements set forth in the
bidding documents. In order to reach such a determination, EMPLOYER will
examine and compare the technical and commercial aspects of the bids on the
basis of the information supplied by the bidders. Bidder may note that no
deviation, whatsoever, is permitted by EMPLOYER to any provisions of
Bidding Documents.
In case the Bidder refuses to withdraw additional
conditions/deviations/variations/exception, implicit or explicit, found
anywhere in the bid in respect of techno-commercial requirements of the
bidding documents, without any financial implication whatsoever to the
Employer, the bid shall be rejected as technically non-responsive. Product(s)
and/or service(s) not meeting the specified technical requirements & scope
work, shall be rejected.

Page 15 of 29
28.0 Preliminary The Employer will examine the Price bids to determine whether they are
Examination complete, whether any computational errors have been made, and whether the
Of Price Bid bids are generally in order.
In case any additional conditions/deviations/variations/exception, implicit or
explicit, is found anywhere in the Price bid, the Earnest Money Deposit shall be
forfeited.

29.0 Discrepancie In case of discrepancies in the bid, the following will be adopted to correct the
s In Bid discrepancies for Arithmetical for the purpose of evaluation.
a) In case of discrepancy between unit price in figures and words, the unit
price words will be considered as correct.
b) In case of discrepancy between unit price and total price, the unit price will
be considered as correct.
d) In case of discrepancy between unit price and total price, which is obtained
by multiplying the unit price and quantity, or between sub-totals and the
total price, the unit or subtotal price shall prevail, and the total price shall
be corrected accordingly.

30.0 Evaluation The evaluation criteria specified in Special Conditions of Contract (SCC) shall
Criteria over-ride all other similar related clauses appearing elsewhere in the bidding
documents.
The evaluation shall be based on the evaluated cost of fulfilling the contract in
compliance with all commercial, contractual and technical obligations under this
Bidding Document.

31.0 Evaluation a) The Employer shall evaluate each Bid that has been determined, up to this
Of Bids stage of the evaluation, to be substantially responsive.
b) To evaluate a Bid, HURL shall only use all the criteria and methodologies
defined in this document.
c) To evaluate a Bid, HURL shall consider the following:
 The bid price as quoted as per Bill of Quantity (BOQ)
 Price adjustment for correction of discrepancy.
 Price adjustment due to discounts offered;
 Price adjustment due to Price Preference, pursuant to ITB clause 4.0, if
applicable
 Price adjustment due to Price Preference due to any other condition
specified in Special Purchase Condition;
 Price adjustment due to application of the evaluation criteria.

32.0 Contacting Subject to ITB clause 25.0 above, no Bidder shall contact the Employer on any
The matter relating to its bid, from the time of the opening of Bids to the time the
Employer contract is awarded.
Any effort by a Bidder to influence the Employer in the Employer’s bid
evaluation, bid comparison or contract award decisions may result in rejection
of the Bidder’s bid.

33.0 Employer’s The Employer reserves the right to accept or reject any Bid, and to annul the
Right To bidding process and reject all Bids at any time prior to Contract award, without
Accept Any thereby incurring any liability to the affected Bidder or Bidders or any

Page 16 of 29
 Bid And To obligation to inform the affected Bidder(s) of the grounds for the Employer’s
Reject Any action.
Or All Bids

34.0 Award Subject to ITB Clause 33, the Employer will award the contract to the
Criteria successful Bidder whose bid has been determined to be substantially
responsive to the Bidding Documents and qualified to perform the contract
satisfactorily, as per methodology specified in Special Conditions of Contract
(SCC).
The Bidder will be required to comply with all requirements of the Bidding
Documents without any extra cost to the Employer, failing which his Earnest
Money Deposit will be forfeited.

35.0 Construction If required, HURL may place separate Orders for supplies and Services.
of Contract
The award of separate Purchase Orders shall not in any way dilute the
responsibility of the Supplier for the successful completion of the Facilities as
per Contract documents and a breach in one Purchase Order shall be construed
as a breach of the other Purchase Order(s) which will confer a right on the
Employer to terminate the other Contract(s) also at the risk and cost of the
Supplier.
The total value of all the orders shall be the Total Package value.

36.0 Notification Prior to the expiration of the period of bid validity, the Employer will notify
of Award the successful Bidder in writing by email or letter or by telefax to be confirmed
in writing by letter sent by Speed Post/Registered/courier, that its bid has been
accepted. The notification of award (Purchase/Service Order) will constitute
the formation of the contract and shall be effective from the date of award or
the date as specified in Special Conditions of Contract (SCC).

37.0 Corrupt or Employer requires that Bidders, Contractors and Suppliers observe the highest
Fraudulent standard of ethics during the procurement and execution of the contracts. In
Practices pursuance of this policy, Employer:
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) "corrupt practice" means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the
procurement process or in contract execution; and
(ii) "fraudulent practice" means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Employer, and includes collusive practice among
Bidders (prior to or after bid submission) designed to establish bid
prices at artificial non-competitive levels and to deprive the Employer
of the benefits of free and open competition;
(b) will reject a bid for award if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in competing
for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for or in
executing a contract of the Employer.

Page 17 of 29
 38.0 Fraud The Bidders/ Service Providers/ Vendors/ Consultants etc. shall strictly adhere
Prevention to the Fraud Prevention Policy of HURL displayed on its website
Policy http://www.hurl.net.in and shall not indulge or allow anybody else working in
their organization to indulge in fraudulent activities and immediately apprise
HURL of the fraud/suspected fraud as soon as it comes to their notice. A
certificate to this effect shall be furnished by the bidder along with his bid, in
relevant attachment as per format enclosed (Annexure 6 of Section VI (Forms
and Procedures)) with the Bidding Document.
If in terms of above policy, it is established that the bidder/his representatives
have committed any fraud while competing for this contract then the Earnest
Money Deposit shall be forfeited.

39.0 Indian In a tender, either the Indian Agent on behalf of the Principal/OEM or
Agents Principal/OEM itself can bid but both cannot bid simultaneously for the same
item/product.
If an agent submits bid on behalf of the Principal/OEM, the same agent shall
not submit bid on behalf of another Principal/OEM in the same tender for the
item/product.

40.0 Transfer of
a. Transfer of Bidding documents is not permissible.
Bid
Documents b. Documents purchased / downloaded by the intending bidders cannot be
transferred.

41.0 Restrictions i. Any Bidder (including its Collaborator/Associate/DJU Partner/JV

on partner/Consortium Member/Assignee, wherever applicable) from a
procurement country which shares a land border with India will be eligible to bid in
from a this tender only if bidder is registered with the Competent Authority.
Bidder of a
Such registration should be valid for the entire period of bid validity or
country
any extension thereof. However, in case the validity period of registration
which shares
is less than bid validity period, the Bidder shall be required to submit the
a land
extension of the validity period of registration before the opening of price
border with
bids, failing which the bid shall be rejected.
India
Further the successful bidder shall not be allowed to sub-contract works
to any “Sub-contractor” from a country which shares a land border with
India unless such Sub-contractor is registered with the competent
Authority as mentioned in SCC.
However, the said requirement of registration will not apply to
bidders/sub-contractors from those countries (even if sharing a land
border with India) to which the Government of India has extended lines
of credit or in which the Government of India is engaged in development
projects. Bidders may apprise themselves of the updated lists of such
countries available in the website of the Ministry of External Affairs.
ii. “Bidder” (including the term 'tenderer', 'consultant' or 'service provider'
in certain contexts) means any person or firm or company, every artificial
juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency, branch or office controlled by such
person, participating in a procurement process.
iii. “Sub-contractor” (including the term ‘Sub-vendor’/Sub-supplier’ in
certain contexts) means any person or firm or company, every artificial

Page 18 of 29
 juridical person not falling in any of the descriptions of Sub-contractors
stated hereinbefore, including any agency branch or office controlled by
such person, participating in a procurement process.
iv. “Bidders from a country which shares a land border with India” / “Sub-
contractor from a country which shares a land border with India”
mentioned in para above means;
a) An entity incorporated, established or registered in such a country;
or
b) A subsidiary of an entity incorporated, established or registered in
such a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium
or joint venture falls under any of the above.
v. The beneficial owner for the purpose of clause “iv” above will be as
under;
a) In case of company of Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has a controlling ownership
interest or who exercises control through other means.
Explanation-
i. “Controlling ownership interest” means ownership of or
entitlement to more than twenty-five per cent of shares or
capital or profits of the company;
ii. “Control” shall include the right to appoint majority of the
directors or to control the management or policy decisions
including by virtue of their shareholdings or management rights
or shareholders agreements or voting agreements;
b) In case of a partnership firms, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or
more judicial person, has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;
c) In case of an unincorporated associations or body of individuals, the
beneficial owner is the natural person(s) who, whether acting alone
or together, or through one or more juridical person, has ownership
of or entitlement to more than fifteen percent of the property or
capital or profits of such association or body of individuals;
d) Where no natural person is identified under (a) or (b) or (c) above,
the beneficial owner is the relevant natural person who holds the
position of senior managing officials;
e) In case of a trust, the identifications of beneficial owner(s) shall
include identification of the author of trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and any

Page 19 of 29
 other natural person exercising ultimate effective control over the
trust through a chain of control or ownership.
vi. An Agent is a person employed to do any act for another, or to represent
another in dealings with third person.
vii. In regard to “Restrictions on procurement from a Bidder of a country
which shares a land border with India” bidder has to submit Certificate as
per Annexure 7 of Section VI (Forms and Procedures) of the bidding
document.

Page 20 of 29
 Annexure-1 to ITB

Checklist of documents to be submitted:

Sr. No Item Yes / No Bid Ref.

Techno Commercial Proposal Bid Form. (Enclosed as Annexure-1

1
to Forms and Procedures i.e., Section V)

2 Power of Attorney as per requirement mentioned in NIT.

Signed, Stamped and Scanned copy of proof for payment of Earnest

3
Money Deposit (EMD) / MSE Certificate for exemption.

Signed, Stamped and Scanned copy of Certificates like Registration

4
certificate, GST No, PAN No, etc.

Signed, Stamped and Scanned copy of Format for Electronics

5 Payment (Enclosed as Annexure-2 to Forms and Procedures i.e.,
Section V)

Signed, Stamped and Scanned copy of Tender Acceptance Letter

6 (Enclosed as Annexure-3 to Forms and Procedures i.e., Section V)

Documents as required in accordance with Qualifying Requirements

7
/ Pre-Qualification Criteria (PQC) i.e., Clause 6 of NIT

Signed, Stamped and Scanned copy of No deviation Certificate

8
(Enclosed as Annexure-4 to Forms and Procedures i.e., Section V)

Signed, Stamped and Scanned copy of Certificate from CEO/MD/

Legally Authorised Signatory, in the format as enclosed as
Annexure-5 to Forms and Procedures i.e., Section V) to Bidding
Document shall be furnished certifying that the data and documents
furnished by them in respect of Techno-Commercial Evaluation are
9
true and correct including the contents thereof. However, if at any
point of time the declarations given in bid are found to be incorrect,
HURL shall have the full right to terminate the contract and take
any action as per provisions of contract including forfeiture of
EMD/Security Deposit.

Acceptance to Fraud Prevention Policy of HURL, for which the

bidder has to submit Signed, Stamped and Scanned copy of Form
10
of Acceptance of Fraud Prevention Policy of HURL. (Enclosed as
Annexure-6 to Forms and Procedures i.e., Section V).

Certificate related to Restrictions on procurement from a Bidder of a

11 country which shares a land border with India” i.e.
(Enclosed as Annexure-7 to Forms and Procedures i.e., Section V).

Page 21 of 29
 Declaration regarding GST
12
(Enclosed as Annexure-8 to Forms and Procedures i.e., Section V).

Documents in compliance to Scope of Work and Technical

13
Specifications

14 Any Other Document asked for in the Bidding Document

15 Filled BOQ

Note: Failure to Upload Authentic and Correct Documents as mentioned at Sr. No, I to 13 above would lead
to Rejection of Techno- Commercial Bid. Price Bids shall be opened only of those bidders who are
qualified and whose techno-commercial bids are acceptable.

Page 22 of 29
 Annexure 2 to ITB

A Instructions for The bidders are required to submit their bids electronically on the CPP
Online Bid Portal, using valid Digital Signature Certificates. The instructions given
Submission below are meant to assist the bidders in registering on the CPP Portal,
prepare their bids in accordance with the requirements and submitting their
bidsonline on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may
be obtained at: https://eprocure.gov.in/eprocure/app.
1.0 REGISTRATION
1.1 Bidders are required to enroll on the e-Procurement module of the
Central Public Procurement Portal (URL:
https://eprocure.gov.in/eprocure/app) by clicking on the link “Online
bidder Enrollment” on the CPP Portal which is free of charge.
1.2 As part of the enrollment process, the bidders will be required to
choose a unique username and assign a password for their accounts.
1.3 Bidders are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used for
any communication from the CPP Portal.
1.4 Upon enrollment, the bidders will be required to register their valid
Digital Signature Certificate (Class III Certificates with signing key
usage) issued by any Certifying Authority recognized by CCA India
(e.g., Sify / nCode / eMudhra etc.), with their profile.
1.5 Only one valid DSC should be registered by a bidder. Please note
that the bidders are responsible to ensure that they do not lend their
DSC’s to others which may lead to misuse.
1.6 Bidder then logs in to the site through the secured log-in by
entering their user ID / password and the password of the DSC / e-
Token.
2.0 SEARCHING FOR BIDDING DOCUMENTS
2.1 There are various search options built in the CPP Portal, to facilitate
bidders to search active tenders by several parameters. These
parameters could include Tender ID, Organization Name, Location,
Date, Value, etc. There is also an option of advanced search for
tenders, wherein the bidders may combine a number of search
parameters such as Organization Name, Form of Contract, Location,
Date, Other keywords etc. to search for a tender published on the
CPP Portal.
2.2 Once the bidders have selected the tenders they are interested in,
they may download the required documents / tender schedules.
These tenders can be moved to the respective ‘My Tenders’ folder.
This would enable the CPP Portal to intimate the bidders through
SMS / e- mail in case there is any corrigendum issued to the
Bidding Document.
2.3 The bidder should make a note of the unique Tender ID assigned to
each tender, in case they want to obtain any clarification / help from

Page 23 of 29
 the Helpdesk.
3.0 PREPARATION OF BIDS
3.1 Bidder should take into account any corrigendum published on the
Bidding Document before submitting their bids.
3.2 Please go through the Bidding Document carefully to understand the
documents required to be submitted as part of the bid. Please note
the number of covers in which the bid documents have to be
submitted, the number of documents - 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.
3.3 Bidder, in advance, should get ready the documents to be submitted
as indicated in the Bidding Document / schedule. Generally, they
can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents
may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
4.0 SUBMISSION OF BIDS:
4.1 Bidder should log into the site well in advance for bid submission so
that they can upload the bid in time i.e. on or before the bid
submission time. HURL shall NOT be responsible for any delay.
4.2 The bidder has to digitally sign and upload the required bid
documents one by one as indicated in the Bidding Document.
4.3 Bidder has to select the payment option as “offline” to pay the
tender fee / EMD as applicable and enter details of the instrument.
4.4 Bidder should prepare the EMD as per the instructions specified in
the Bidding Document. The original should be
posted/couriered/given in person to the concerned official, latest by
the last date of bid submission or as specified in the Bidding
Documents.

4.5 Bidders are requested to note that they should necessarily submit
their financial bids in the format provided and no other format is
acceptable. If the price bid has been given as a standard BOQ format
with the Bidding Document, then the same is to be downloaded and
to be filled by all the bidders. Bidders are required to download the
BOQ file, open it and complete the blue colored (unprotected) cells
with their respective financial quotes and other details (such as name
of the bidder). No other cells should be changed. Once the details
have been completed, the bidder should save it and submit it
online, without changing the filename. If the BOQ file is found to
be modified by the bidder, the bid will be rejected.
4.6 The server time (which is displayed on the bidders’ dashboard) will
be considered as the standard time for referencing the deadlines for
submission of the bids by the bidders, opening of bids etc. The
bidders should follow this time during bid submission.
4.7 All the documents being submitted by the bidders would be
encrypted using PKI encryption techniques to ensure the secrecy of
the data. The data entered cannot be viewed by unauthorized persons

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 until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption
technology.
4.8 Data storage encryption of sensitive fields is done. Any bid
document that is uploaded to the server is subjected to symmetric
encryption using a system generated symmetric key. Further this key
is subjected to asymmetric encryption using buyers/bid openers
public keys. Overall, the uploaded Bidding Documents become
readable only after the tender opening by the authorized bid
openers.
4.9 The uploaded Bidding Documents become readable only after the
tender opening by the authorized bid openers.
Upon the successful and timely submission of bids (i.e. after
Clicking “Freeze Bid Submission” in the portal), the portal will
give a successful bid submission message & a bid summary will be
displayed with the bid no. and the date & time of submission of the
bid withall other relevant details.
4.10The bid summary has to be printed and kept as an
acknowledgement of the submission of the bid. This
acknowledgement may be used as an entry pass for any bid opening
meetings.
4.11The Bidder is allowed to re-submit the Bid and related Bid
documents before the last date of Bid submission and time. The Bid
can be re-submitted as many times as required by the Bidder, within
the indicated timelines. The last version of the Bid submitted by the
Bidder before the Bid submission date and time will be considered
for Bid evaluation.
4.12The Bidder is permitted to withdraw his Bid before the last date of
Bid submission and time through the CPP Portal. The bidder should
provide the supporting reasons for bid withdrawal and attach the
supporting letter to the Purchaser.
4.13During bid evaluation, EMPLOYER may, at its discretion, ask the
Bidder for a clarification of its bid including documentary evidence
pertaining to the Purchase Orders/Contracts executed declared in the
bid for the purpose of meeting Qualifying Requirement specified in
NIT/IFB. The request for clarification and the response shall be in
writing, and no change in the price or substance of the bid including
substitution of Purchase Orders/Contracts executed in the bid by
new/additional Purchase Orders/Contracts executed for conforming
to Qualifying Requirement shall be sought, offered or permitted.
For this purpose, only 1 chance, shall be given. If the techno-
commercial acceptability of bidder is established upon verification
of documents including clarifiactions submitted, the case shall be
considered for further processing. If the bidder happens to be
defaulter upon verification of the documents or has not uploaded the
required document within the mentioned time frame his bid would
be analyzed based on the uploaded documents and if found not in
order as per requirement, would be outrightly rejected.

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B. Reverse Procedure in submission of bids by the bidders during Reverse/Forward
Auction auction online.
 Bidders shall login using their login ID & Password and then using
DSC.
 Click on My Auctions button given in left side of page, to view
Action details for which Techno-Commercially qualified.
 For participating in Live Auction,
a) Click on Live Auction Button.
b) Click on View button to participate in interested Auction.
c) There is List of qualified Lots in which Bidder can participate
against selected Auction.
d) Click on Hammer Icon to participate in the respective lot.
e) On clicking Hammer Icon, system will show Start price,
Decremental (or incremental) price and Current price against lot.
Current Price is appearing as Blank in case no bidder has offered
price.
f) Enter your Price in ‘My Auction Price’ in multiples of
decremental (incremental) value up to above (below) Max Seal %
value, and then sign it digitally by clicking on Sign Icon and
Clickon submit button.
g) System will show your Latest Value / Price Quoted and system
will also show Least Amount/ Rate which any Bidder would have
quoted.
1. Tender Cum Auction is a combination of Tender Followed by
Reverse Auction. It isalso called as eRA.
Subsequently, Reverse Auction will be conducted amongst techno–
commercially qualified / approved bidders after Opening of
Financial/Price Bids’ online.
The Reverse Auction will be normally initiated after Opening of Price
Bids. There will be no participation fees for Auction. Only such
bidders - who have been found techno- commercially qualified as per
requirements of the tender will be permitted to participate in the
Reverse Auction.
After opening of the price (financial) bids, System displays L1 price
based on either over all basis or item wise/lot basis automatically.
Using this system provided price, which would be auction start price
procuring entity will create Reverse Auction and publish the same.
The Techno-commercially qualified bidders will receive Auction
information through SMS & email. The participating bidders get an
opportunity to revise their prices (reducein case of Reverse Auction). It
allows bidders multiple opportunities to offer a price.
2. The lowest value quoted by the bidder will become the auction start
price for auction and the participant bidders have to quote below the
auction price.

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3. The Bidder would be allowed to bid lower than the opening price of
auction in multiples of the decrement value mentioned in para-5.
However, bidder can only bid lower thanthe Lowest Bid.

4. The auction will be done on bid value (to be provided by bidder)

which will be derived based upon cost as mentioned in para below. It
is inclusive of any taxes, etc.

5. The minimum decrement value will be Rs. 10,000.00 as mentioned in

clause VII below. The reduction shall have to be made as per
decrement value or in multiple thereof.

6. Bidders shall be able to view the following on their screen along with
the necessary fields during Online Reverse Auction:
a) Current Bid Price in the Auction.
b) Start Price.
c) Decrement value.
At no point of time will any bidder see the names of other bidders, or
the prices of bidders other than the lowest bid.
7. In case of Reverse Auction, in order to displace a standing lowest bid
and to become “L1”, a bidder can offer a minimum bid decrement or
in multiples of decremental valueup to above Max Seal %.
For example:
Current price:- Rs. 4,90,000 Decrement value: - Rs. 10000 System
Defined Maximum Seal %:- 50, in this case a bidder can quote
minimum decrement amount asRs 4,90,000-10,000= Rs. 4,80,000 and
maximum decrement amount is 490000-245000-
10000=235000=240000*.
8. A bidder can continue to revise his bid till the auction ends. However,
the Bidder cannot quote/Bid equal to the Leading / Lowest Bid. He
must always quote lower than the Leading/Lowest Bid site.
9. The evaluation criteria is based on Price alone in auction. The Bidder
who quotes the lowest evaluated Price is determined as the lowest
bidder.
10. System protects bid and bidder information till auction gets over and
displays current L1 price to the bidder.
11. Initial period of reverse auction will be two hours in the slot of 10
minutes. There will be auto extensions of time every time by ten
minutes in case of any reduction recorded in the last ten minutes. The
reverse auction will come to a close only when there is no further
reduction recorded in the last ten minutes slot in any site i.e., after 1
hour 50 minutes.
12. The log details of the entire reverse auction process will be generated
by the system once the process of reverse auction is completed.

Page 27 of 29
13. If a bidder does not submit his bid in the Reverse Auction, the price
quoted by him in the price bid shall be considered as the final price of
that bidder.
14. Since, reverse auction is a sequel to e-tender, the process of finalizing
the tender upon completion of reverse auction will be same as the
tender process without reverse auction.
15. The bid history shall reflect only the bid value inclusive of taxes. The
value will not be same for two bidders even if any bidder makes such
an attempt in the bidding.
16. Only the chronologically last price bid submitted by the bidder till
the end of the auction shall be considered as the valid price bid of
that bidder. Any bid submitted prior to submission of his last bid
will not be considered as the valid price bid.
17. Server time shall be the basis of Start time & Closing time for
bidding and shall be binding for all. This would be visible to all
concerned.
18. All electronic bids submitted during the reverse auction process
shall be legally binding on the bidder. The chronologically last bid
submitted by the bidder till the end of the auction will be
considered as the valid price bid offered by that bidder against that
site and acceptance of the same by HURL will form a binding
contract between HURL andthe bidder for entering into a contract.

19. If the lowest price received during reverse auction is unreasonable or

it is unacceptable on ground of being too high compared with
estimated price, the HURL management reserves right to seek
justification of the price from lowest bidder. If the price is not
considered reasonable, HURL may not accept such bid and may go
for another tender process.

20. In case of disruption of service at the service provider's end while the
RAP is online, due to any technical snag or otherwise attributable to
the system failure at the server end, the RAP process will start all
over again. In such a situation, the last recorded lowest price of
prematurely ended RAP, will be the 'Start Bid' price for the restarted
RAP. The prices quoted in the prematurely ended RAP will be binding
on all the bidders for consideration, if the restarted RAP does not
trigger within the stipulated time.

21. However, if Reverse Auction does not lead to any bid, HURL shall
reserve the right toaward the job based on the lowest prices quoted in
online commercial bid.

22. The successful bidder needs to submit the revised BOQ in line with
price quoted by him in reverse auction. The ratio of percentage
decrease in cost of each item of BOQ component shall be same as the
overall percentage reduction in the bid value originally quoted by

Page 28 of 29
 successful bidder and final L1 value quoted by successful bidder.

23. The detailed Break-up of offered cost, provided by the successful

bidder shall be considered and order, if placed, shall be with the same
break-up of prices. The successful bidder(s) after reverse auction will
be responsible to ensure that the rate as per the breakup of prices
provided by him after the reverse auction and total value offered by
him in the reverse auction are in same proportion. The successful
bidder will not be allowed to increase the rate of any component
while submitting the breakup. While giving the break up, the
successful bidder will have to consider same rate of taxes as quoted
while submitting the commercial bid. In case the successful bidder(s)
fail(s) to submit the final BoQ within 3 days or the break up given by
bidder does not match with total offered price, the HURL will be at
liberty to place order by proportionately reducing the component
rates on basis of the breakup of the e-auction bid submitted by the
successful bidder along with the initial offer and the same will be
binding on the successful bidder.

Bidders must apprise themselves of the applicable guidelines for

submission of and uploading of bids etc. on CPP website.

Page 29 of 29
 HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)

SECTION – III

GENERAL CONDITIONS OF CONTRACTS

(GCC)
1 Definitions & Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
Terminology
“Employer” / “Owner” means the Hindustan Urvarak & Rasayan
Limited (HURL), having its registered office Core-4, 9th Floor, Scope
Minar, Laxmi Nagar District Centre, Delhi-110092 and shall include
their legal representatives, successors and permitted assigns.

“Contract” means the Contract Agreement entered into between the

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

“Contract Documents” mean the following documents that constitute

the Contract between the Employer and the Contractor:
(i) The Contract Agreement along with its appendices
(ii) Letter of Award/Service Purchase Order along with its appendices
including agreed variations annexed.
(iii) Amendment to Tender/Bidding Documents
(iv) Special Conditions of Contract
(v) Technical Specifications
(vi) General Conditions of Contract
(vii) The Bid and Bill of Quantities submitted by the Contractor
(viii) Instructions to Bidders

“GCC” means the General Conditions of Contract hereof.

“SCC” means the Special Conditions of Contract.
“Day” means calendar day of the Gregorian Calendar.
“Week” means a continuous period of seven (7) calendar days.
“Month” means calendar month of the Gregorian Calendar.

“Completion” means the fulfilment of the Services by the Contractor in

accordance with the terms and conditions set forth in the Contract.

“Contractor” shall mean the successful Sole Bidder or Consortium

whose bid has been accepted by the OWNER and who has been selected
by the OWNER for the award of Works and shall include his heirs, legal
representatives, successors and permitted assigns.

“Contract Price” means the price to be paid for the performance of the
Services, exclusive of GST.

Page 2 of 20
Effective Date means the date on which this Contract comes into force
pursuant to GCC Clause 15.

Foreign Currency means any currency other than the currency of the
Owner’s country.

“Local Currency” means the currency of the Government of India.

“Government” means the Government of the Owner’s country i.e.

INDIA.

Party means the Owner or the Contractor, as the case may be, and
“Parties” means both of them. Third party means any party other than
Owner and Contractor.

Personnel means professionals and support staff provided by the

Contractor or by any Sub-Contractor and assigned to perform the
Services or any part thereof;

“Funds” means any funds allocated to the Owner under Company

budget, or loan, grants and credits placed at the disposal of the Owner.

Services means the work to be performed by the Contractor pursuant to

this Contract

Sub-Contractor means any person or entity to whom/which part of the

Services is sub-consulted.

"Engineer” or “Engineer-in-Charge” or “E.I.C.” shall mean the officer

appointed in writing by the Owner to act as “Coordinator” from time to
time on behalf of Owner in all matters pertaining to this Contract.
“Engineer-in-Charge” shall be authorized by the Client for supervision,
inspection, scrutiny and approval of some or all of the services rendered
by the Contractor under the Contract.

“Bill Of Quantity” shall mean the priced and completed Bill of Quantity
(BOQ) forming the part of the bid or such Bill of Quantity (BOQ)
forming the part of the Contract, as the case may be, with amendments, if
any, thereto.

Throughout these Bidding Documents, the term “Bid” and “Tender” and
their derivatives (Bidder/ Tenderer, Bidding / Tendering, Bidding
Document/Tender Document, etc.); Bill of Quantity / Schedule of
Quantity / Schedule of Quantities/ Bill of Quantities; Owner / Employer /
HURL; Bid Security / Earnest Money Deposit; Security Deposit /
Performance Security/ Performance Guarantee; Engineer-in-Charge /
Engineer, appearing anywhere in the Bidding Documents shall have the
same meaning and are synonymous to each other.

Page 3 of 20
2 Order of the Subject to order of precedence listed below, all documents forming part
of the Contract (and all parts thereof) are intended to be correlative,
precedence of the
complementary and mutually explanatory. The Contract shall be read as
Documents a whole.
The order of precedence of documents shall be as under:
a) Contract Agreement and the Appendices
b) Purchase Order/Service Order along with its annexures.
c) Amendment to Bidding Documents
d) Special Conditions of Contract
e) Technical Specifications including Scope of Work
f) General Purchase Conditions
g) The Bid and BOQ submitted by the Supplier
h) Instructions to bidders
An amendment issued after issue of Contract shall take precedent over
the formal Contract and all other contract documents.
In the event of any ambiguity or conflict between the Con-
tract Documents listed above, the order of precedence shall be the order
in which the Documents are listed above.
Any error in description, quantity or rate in Bill of Quantity (BOQ) or
any omission therefrom shall not vitiate the Contract or release the
Contractor from the execution of the whole or any part of the Works
comprised therein according to drawings and specifications or from any
of his obligations under the Contract.

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

4 The headings and marginal notes in the General Conditions of Contract

are included for ease of reference, and shall neither constitute a part of the
Headings
Contract nor affect its interpretation.
Heading and marginal notes to these General Conditions of Contract shall
not be deemed to form part thereof or be taken into consideration in the
interpretation or construction thereof or of the Contract.

5 Communications Communications between Parties (notice, request or consent required or

and Notices permitted to be given or made by one party to the other) pursuant to the
Contract shall be in writing to the Authorized Representatives named in
the Contract.
A notice shall be effective when delivered or on the notice’s effective
date, whichever is later.
A Party may change its address for notice hereunder by giving the other
Party notice of such change to the address.

Page 4 of 20
6 Governing Laws The Contract shall be governed by and interpreted in accordance with
laws in force in India.
The Courts of Delhi shall have exclusive jurisdiction in all matters arising
under the Contract, unless otherwise stated in the SCC.

7 Governing The Contract shall be written in English. All correspondences and

Language documents relating to the Contract shall be written in English.
Supporting documents and printed literature that are part of the Contract
may be in another language, as long as such literature is accompanied by
a translation of its pertinent passages in English language in which case,
for purposes of interpretation, the translation shall govern.
The English Translation of the documents shall be carried out by
professional translators and the translator shall certify that he is proficient
in both languages in order to translate the document and that the
translation is complete and accurate. Further, translation shall be
authenticated by the Indian Consulate located in the Country where the
documents have been issued or the Embassy of that Country in India.
The Contractor shall bear all costs of translation to the governing
language and all risks of the accuracy of such translation.

8 Assignment Neither the Owner nor the Contractor shall assign, in whole or in part,
their obligations under this Contract; except with prior written approval
of the Owner.

Engineer-in-Charge
If the Engineer-in-Charge is not named in the Contract, then within
fourteen (14) days of the Effective Date, the Owner shall appoint and
notify the Contractor in writing of the name of the Engineer-in-Charge.
The Owner may from time to time appoint some other person as the
Engineer-in-Charge in place of the person previously so appointed, and
shall give a notice of the name of such other person to the Contractor
without delay. The Owner shall take reasonable care to see that no such
appointment is made at such a time or in such a manner as to impede the
progress of work. The Engineer-in-Charge shall represent and act for the
9 Authorized Owner at all times during the currency of the Contract. All notices,
Representatives instructions, orders, certificates, approvals and all other communications
under the Contract shall be given by the Engineer-in-Charge, except as
herein otherwise provided. All notices, instructions, information and
other communications given by the Contractor to the Owner under the
Contract shall be given to the Engineer-in-Charge, except as herein
otherwise provided.

10 Contractor’s Contractor’s Representative

Authorised
If the Contractor’s Representative is not named in the Contract, then
Representative
within fourteen (14) days of the Effective Date, the Contractor shall
appoint the Contractor’s Representative and shall request the Owner in
writing to approve the person so appointed. If the Owner makes no

Page 5 of 20
 objection to the appointment within fourteen (14) days, the Contractor’s
Representative shall be deemed to have been approved. If the Owner
objects to the appointment within fourteen (14) days giving the reason
therefore, then the Contractor shall appoint a replacement within
fourteen (14) days of such objection, and the foregoing provisions of
this GCC Clause shall apply thereto.
The Contractor’s Representative shall represent and act for the
Contractor at all times during the currency of the Contract and shall give
to the Engineer-in-Charge all the Contractor’s notices, instructions,
information and all other communications under the Contract.
All notices, instructions, information and all other communications
given by the Owner or the Engineer-in-Charge to the Contractor under
the Contract shall be given to the Contractor’s Representative or, in its
absence, its deputy, except as herein otherwise provided.
The Contractor shall not revoke the appointment of the Contractor’s
Representative without the Owner’s prior written consent, which shall
not be unreasonably withheld. If the Owner consents thereto, the
Contractor shall appoint some other person as the Contractor’s
Representative, pursuant to the procedure set out in above GCC Clause.
The Contractor’s Representative may, subject to the approval of the
Owner (which shall not be unreasonably withheld), at any time delegate
to any person any of the powers, functions and authorities vested in him
or her. Any such delegation may be revoked at any time. Any such
delegation or revocation shall be subject to a prior notice signed by the
Contractor’s Representative, and shall specify the powers, functions and
authorities thereby delegated or revoked. No such delegation or
revocation shall take effect unless and until a copy thereof has been
delivered to the Owner and the Engineer-in-Charge.
Any act or exercise by any person of powers, functions and authorities
so delegated to him or her in accordance with the above GCC Clause
shall be deemed to be an act or exercise by the Contractor’s
Representative.

11 Relation between Nothing contained herein shall be construed as establishing a relation

the Parties of master and servant or of principal and agent as between the Owner
and the Contractor. The Contractor, subject to this Contract, has
complete charge of Personnel and Sub-Contractors, if any, performing
the Services and shall be fully responsible for the Services performed
by them or on their behalf hereunder.

12 Location The Services shall be performed at such locations as are specified in

the Contract and, where the location of a Special task is not so
specified, at such locations as the Owner may approve.

13 Taxes & Duties Contractor, shall bear all tax liabilities, duties, Govt. levies etc. on
account of payments made under this Contract. It shall be the
responsibility of the Contractor to submit to the concerned Indian

Page 6 of 20
authorities the returns and all other concerned documents required for
this purpose and to comply in all respects with the requirements of the
laws in this regard, in time.
It shall be incumbent upon the Contractor to obtain a registration
certificate as a dealer under GST Law, and other law(s) relating to levy
of tax, duty, cess etc. and necessary evidence to this effect shall be
furnished by the Contractor to the Owner.
The Contract Price (of both domestic and foreign Contractor) shall also
be exclusive of GST applicable on services as per the rates prevailing as
on seven (7) days prior to the date of Techno-Commercial bid opening.
In case the Contractor is from outside India, who does not have any
fixed establishment or permanent address in India, the GST shall be
paid to the concerned Tax Authorities in India by the Owner and the
same shall be recovered/ deducted from the Contractor.
In case of any variation in the rate of GST during the period of Contract,
an equitable amount shall be paid/ recovered from the Contractor to
fully take into account any such change.
If a new tax, duty or levy is imposed or any rates of tax are increased or
decreased under statute or law in India after the date seven (7) days
prior to date of Techno-Commercial bid opening and the Contractor
becomes liable there under to pay and actually pays the said new tax,
duty or levy for bonafide use on the work contracted, the same shall be
reimbursed/recovered to the Contractor.
As regards Income Tax, Surcharge on Income Tax and other Corporate
Taxes, including Cess wherever applicable, the Contractor shall be
responsible for such payments to the concerned authorities.
The Owner shall be entitled to make necessary tax deductions at source
as per the prevalent laws. The Contractor shall be required to submit the
PAN details before the submission of the first bill/invoice under the
Contract.
In case the Contractor is from outside India, it shall be required to either
furnish (i) the certificate from Indian Tax Authority or (ii) Ruling from
"the Authority for Advance Ruling (AAR)" determining the applicable
rate of Income Tax in India before release of first payment.
The Contractor shall himself be informed of all the applicable laws,
notifications, rules, circulars and other communications of the State or
Central or other authorities with regard to levy of any tax, duty, cess,
levy or fee etc, which in any manner may impinge upon him in
performance of any obligations/responsibilities under or arising out of
the Contract.
Further in case of foreign Contractor, certain benefits of Income Tax
may be available to him in his country under Double Taxation
Avoidance Agreement (DTAA). While quoting for the assignment, the
foreign Contractors are required to consider such benefits in their
proposal.

Page 7 of 20
14 Effectiveness of The Contract shall come into force and effect on the date, called the
Contract “Effective Date”, of the Owner’s notice to the Contractor instructing the
Contractor to commence carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, as specified in the SCC
have been met or as mentioned elsewhere in the tender document.

15 Effective Date The date the Contract comes into effect shall be as specified in the SCC.

16 Commencement of The Contractor shall commence carrying out the Services not later than
Services the number of days after the Effective Date as specified in the SCC.

17 Modifications or No Modifications or changes or amendment or other variation of the

Changes or Contract (Purchase Order / Service Purchase) shall be effective unless it
Amendment is in writing, is dated, expressly refers to the Purchase Order / Service
Order, and is signed by a duly authorized representative of Employer and
accepted by the Contractor.

18 Contract Price The Contract price, other than GST, shall remain FIRM throughout the
contract period and will be NOT be subject to adjustment for price
escalation during the performance of the Contract until unless specified
otherwise in the SCC.

19 Severability If any provision or condition of the Contract is prohibited or rendered

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

20 Standard of The Contractor shall perform the Services and carry out its obligations
Performance hereunder with all due diligence, efficiency and economy, in accordance
with generally accepted professional standards and practices, and shall
observe sound management practices, and employ appropriate
technology and safe and effective equipment, machinery, materials and
methods. The Contractor shall always act, in respect of any matter
relating to this Contract or to the Services, as faithful advisers to the
Owner, and shall at all times support and safeguard the Owner’s
legitimate interests in any dealings with Sub Contractors or Third Parties.

21 Conflict of The Contractor shall hold the Owner’s interest’s paramount, without any
Interests consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests.

22 Confidentiality The Owner and the Contractor shall keep confidential and shall not,
without the written consent of the other party hereto, divulge to any third
party any documents, data or other information furnished directly or
indirectly by the other party hereto in connection with the Contract,
whether such information has been furnished prior to, during or
following termination of the Contract. Notwithstanding the above, the
Contractor may furnish to its Subcontractor(s) such documents, data and
other information it receives from the Owner to the extent required for
the Subcontractor(s) to perform its work under the Contract, in which
Page 8 of 20
 event the Contractor shall obtain from such Subcontractor(s) an
undertaking of confidentiality similar to that imposed on the Contractor
under this clause of GCC.

23 Limitation of HURL shall in no way be responsible for any liabilities arising out of the
Liability Contractor’s Contractual obligations with the Contractor’s personnel,
experts, engineers, sub-Contractors, licensors, collaborators, vendors, or
subsidiaries. Similarly, the Contractor shall in no way be responsible for
any liabilities arising out of HURL’s personnel, sub-Contractors,
licensors, collaborators, vendors or subsidiaries.
The Contractor and HURL both agree that each shall assume full risk of
damages or injury to its own properties, employees and representatives
caused by any act or omission to act by their respective employees or
representatives, during the performance of this Contract.
Except in cases of criminal negligence or willful misconduct,
(a) Neither Party shall be liable to the other Party, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, loss of production, or loss of profits or interest costs,
which may be suffered by the other Party in connection with the
Contract, provided that this exclusion shall not apply to any
obligation of the Contractor to pay liquidated damages to the
Employer and
(b) The aggregate liability of the either party to the other party, whether
under the Contract, in tort or otherwise, shall not exceed the total
Contract Price, provided that this limitation shall not apply to any
obligation of the Contractor to indemnify the Employer with respect
to patent infringement.
Notwithstanding anything contained hereinabove, the aggregate
liability of the Employer to the Contractor shall not exceed the
Total Contract Price, less payments already released to the
Contractor, if any.

24 Liability of the The Contractor, shall be, liable to and required to indemnify, the Owner
Contractor as stated under for due performance of the Contract.
The Contractor shall indemnify the Owner from and against any and all
claims, liabilities, obligations, losses, damages, penalties, actions,
judgment, suits, proceedings, demands, costs, expenses and disbursements
of whatsoever nature that may be imposed on, incurred by or asserted
against the Owner during or in connection with the Services by reason of:
(a) infringement or alleged infringement by the Contractor of any patent
or other protected right; or
(b) plagiarism or alleged plagiarism by the Contractor.
The Contractor shall ensure that all goods and services (including without
limitation all computer hardware, software and systems) procured by the
Contractor out of funds provided or reimbursed by the Owner or used by

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 the Contractor in the carrying out of the Services do not violate or
infringe any industrial property or intellectual property right or claim of
any third party.

25 Insurance to be The Contractor

taken out by the
(a) shall take out and maintain, and shall cause any Sub-Contractors to
Contractor
take out and maintain, at their (or the Sub-Contractors’, as the case
may be) own cost, but on terms and conditions approved by the
Owner, during the performance of the Contract, the insurance against
the risks, and for the coverage as specified in the SCC; and
(b) at the Owner’s request, shall provide evidence to the Owner showing
that such insurance has been taken out and maintained and that the
current premiums therefore have been paid.

26 Contractor’s The Contractor shall obtain the Owner’s prior approval in writing before
Actions Requiring taking any of the following actions:
Owner’s Prior
(a) any subcontract relating to the Services to an extent and, with such
Approval
specialists and entities as may be approved as
(b) any other action that may be specified in the SCC.
Notwithstanding any approval as above, the Contractor shall remain fully
liable for the performance of Services by the Sub-Contractor and its
Personnel and retain full responsibility for the Services.

27 Assistance and The Owner shall use its best efforts to ensure the following:
Exemptions
(a) To ensure the accuracy of all information and/or data to be supplied
by the Owner to the Contractor necessary for performance of the
Contract, except when otherwise expressly stated in the Contract.
(b) issue to officials, agents and representatives of the Owner all such
instructions as may be necessary or appropriate for the prompt and
effective implementation of the Services;
(c) provide to the Contractor, Sub-Contractors and Personnel any such
other assistance as may be specified in the SCC.

28 Payment Terms General

In consideration of the Services performed by the Contractor under this
Contract, the Owner shall make to the Contractor such payments and in
such manner as stated below:
Payments will be made in the currency or currencies in which the
Contract Price has been stated in the Contractor’s bid i.e., INR.
No payment made by the Owner herein shall be deemed to constitute
acceptance of the Services nor relieve the Contractor of any obligations.
Modes of Billing and Payment
All the invoices of payment shall be supported by necessary Documents
and submitted in quadruplicate for the certification of Engineer-in-

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 Charge for which he will require a maximum time of fifteen (15) days
before the same are submitted for processing the payment of amount
admitted.
The Owner shall pay to the Contractor all the admissible payments
within thirty (30) days of certification of the Engineer-in-Charge of the
amount payable for the services.
Contractor shall furnish the details of Bank Account in the prescribed
format along with Bid in order to facilitate the Owner to release
Payments electronically through Electronic Fund Transfer system
wherever technically feasible. The Contractor shall hold the Owner
harmless & Owner shall not be liable for any direct, indirect or
consequential loss or damage sustained by the Contractor on account of
any error in the information or change in Bank details provided to the
Owner in the prescribed form without intimation to Owner duly
acknowledged.

29 Early Warning If at any time during performance of the Contract, the Contractor or its
Sub-Contractors should encounter events, circumstances conditions that
may adversely affect the quality of the work, increase the cost of Services
or delay the execution of the Services, the Contractor shall promptly
notify the Owner in writing of the delay, its likely duration, and its cause.
As soon as practicable after receipt of the Contractor’s notice, the Owner
shall evaluate the situation, and the Contractor shall cooperate with the
Owner in making and considering proposals for how the effect of such an
event or circumstance can be avoided or reduced.

30 In the event the Contractor is unable to complete the assignment by the

Intended Completion Date it may request the Owner to extend the
Extension of the
Intended Completion Date giving reasons. The Owner may extend the
Intended
Intended Completion Date if the reasons given by the Contractor,
Completion Date
including prior review where necessary, are found acceptable. The Owner
shall, however, decide by how much to extend the Intended Completion
Date.

31 Good Faith The Parties undertake to act in good faith with respect to each other’s
rights under this Contract and to adopt all reasonable measures to ensure
the realization of the objectives of this Contract.

32 Liquidated If the Contractor fails to complete the Work on or before the scheduled or
Damage (LD) for extended date of completion, he shall, without prejudice to any other right
Delay or remedy of the Employer, arising out of the Contract on account of such
delay, be liable for payment of liquidated damages @ ½ percent per
week, not as penalty, on the Contract Value of the Work for every week
that the progress remains below the required progress or that the Work
remains incomplete subject to a maximum of 5% of the Contract Value.
In case of amendment in the contract value, the limiting value of the
Liquidated damages shall be 5% of the amended Contract Value.
The amount of Compensation may be adjusted or set-off against any sum

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 payable to the Contractor under this or any other contract with the Owner.

33 Change in laws If, after the date seven (7) days prior to the last date of Bid submission,
and regulations any law, regulation, ordinance, order or by-law having the force of law is
enacted, promulgated, abrogated or changed (which shall be deemed to
include any change in interpretation or application by the competent
authorities) that subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion, the Contract Price shall be
correspondingly increased or decreased, and/or the Time for Completion
shall be reasonably adjusted to the extent that the Supplier has thereby
been affected in the performance of any of its obligations under the
Contract. However, these adjustments would be restricted to items in
respect of both direct transactions between the Employer and Supplier.

34 Performance Within thirty (30) days of the receipt of Purchase Order/Service Order
Security from the Employer, the contractor shall furnish the Contract Performance
Guarantee (CPG), if applicable, for the due performance of the Contract
for ten percent (10%) of the Contract Price with an initial validity up to
ninety (90) days beyond the completion date for work plus defect
liability period (if any), for due performance of the Contract(s)/Order(s)
in any form acceptable to the Employer as mentioned below.
CPG may be submitted in any of the following forms:
a) crossed Demand Draft / Bankers cheque drawn in favour of HURL
Payable at New Delhi.
b) An irrevocable Bank Guarantee as per the HURL standard format
from any Nationalized bank / Scheduled Bank as acceptable to
HURL as per list enclosed.
Failure of the supplier to submit the above-mentioned Contract
Performance Guarantee shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid Security.
No interest shall be payable by the Employer to the Contractor against
the Security Deposit furnished.
Performance Security shall be returned after Certification of completion
of work by EIC. However, the contractor will have to apply in writing,
for refund of the same.

35 Force Majeure Neither CONTRACTOR nor OWNER shall be considered in default in

the performance of their obligations under CONTRACT, as long as such
performance is prevented or delayed for reasons such as, including but
not limited to, whether similar of dissimilar, acts of God, earthquake,
tidal wave, tsunami, hurricane, storm, typhoon or cyclone (except
monsoon), floods, lightening, land slide, fire or explosions, plague or
epidemic, strikes of a whole National category of workers and concerted
act of workmen or other industrial disturbances (lasting more than 7
consecutive calendar DAYs), lockouts (lasting more than 7 consecutive
calendar DAYs), sabotage, blockade, war, riots, invasion, act of foreign
enemies, hostilities (whether war be declared or not), civil war,

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rebellion, revolution, terrorist acts, insurrection or military or usurped
power of confiscation or trade embargoes or destruction or requisition
by order of any Government or any Public Authority or for reasons or
cause beyond the reasonable control of the affected party provided
notice of any such cause is given forthwith and in any event not later
than one week (7) DAYs of the happening of the event by the party
claiming the benefit of this Clause to the other specifying the matter
constituting FORCE MAJEURE explaining to what extent contractual
obligations will thereby be prevented or delayed and the further period
for which it is estimated that such prevention or delay will continue.
CONTRACTOR shall provide justificatory documents countersigned by
the local Chamber of Commerce. Notwithstanding the forgoing, FORCE
MAJEURE shall not include (a) weather conditions reasonably to be
expected for the climate in the geographic area of the SITE including
but not limited to the monsoon season, (b) the occurrence of any
manpower or material shortages unless such a shortage is itself caused
by an event of force majeure, or (c) any delay, default or failure (direct
or indirect) in obtaining materials, or in any SUB-
CONTRACTOR/VENDOR or worker performing any WORK or any
other delay, default or failure (financial or otherwise) attributable to
SUB-CONTRACTOR/Vendor/worker, unless such delay, default or
failure results from any act, event or condition which would, with
respect to such SUBCONTRACTOR/ VENDOR/ worker, constitute an
event of force majeure.
If the CONTRACTOR suffers delay in the due execution of the
contractual obligations due to delays caused by force majeure as defined
above, the agreed time of completion of job covered by this
CONTRACT or the obligation of the CONTRACTOR shall be extended
by a period of time on account of force majeure conditions, provided
that on the occurrence of any such contingency, the CONTRACTOR
shall within 30 days reports to the OWNER in writing, the cause of
delay and likely duration of cause of delay with requisite documentary
evidence.
Should one or both the parties be prevented from fulfilling the
contractual obligations by a state of FORCE MAJEURE lasting
continuously for a period of 6 weeks, the two parties shall consult each
other regarding the future implementation of the CONTRACT. The
mere shortage of labour, materials or utilities shall not constitute
FORCE MAJEURE unless caused by circumstances which are
themselves FORCE MAJEURE.
CONTRACTOR and OWNER shall endeavor to prevent, overcome or
remove the causes of FORCE MAJEURE.
No ground for exemption can be invoked if CONTRACTOR has failed
to give timely notice by registered letter and subsequently supported it
by documentary evidence.
Delay or non-performance by a party hereto caused by the occurrence of
any event of FORCE MAJEURE shall not:

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 (a) Constitute a default or breach of the CONTRACT,
Or
(b) Give rise to any claim for damages or additional cost or expense
occasioned thereby, if such delay or non-performance is caused
by the occurrence of any event of FORCE MAJEURE. FORCE
MAJEURE conditions are not payable under any circumstances.
Force Majeure is no one’s fault, therefore each party should bear its own
cost and a provision to terminate the CONTRACT in case of Force
Majeure extending beyond six (06) month is provided. Should OWNER
wish the CONTRACTOR to continue further, both parties may sit
together and mutually agree on the future course failing which Parties
will have the right to terminate. Such termination shall not be considered
as Termination for Owner’s Convenience. However, outstanding
invoices, payment for supplies made and payment to the work already
performed will be paid by OWNER on such termination and shall be
detailed at the time of CONTRACT finalisation. CONTRACTOR shall
have the right to take action to mitigate the impact of the prolonged
Force Majeure event in mutual consent with Owner.
FORCE MAJEURE shall not apply to any obligation of the OWNER to
make payments to the CONTRACTOR under the contract.

36 No Breach of The failure of a Party to fulfil any of its obligations hereunder shall not be
Contract considered to be a breach of, or default under, this Contract insofar as
such inability arises from an event of Force Majeure, provided that the
Party affected by such an event has taken all reasonable precautions, due
care and reasonable alternative measures, all with the objective of
carrying out the terms and conditions of this Contract.

37 Measures to be A Party affected by an event of Force Majeure shall continue to perform

Taken on Force its obligations under the Contract as far as is reasonably practical, and
Majeure shall take all reasonable measures to minimize the consequences of any
event of Force Majeure.
A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any case not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of such event, and shall similarly give written notice
of the restoration of normal conditions as soon as possible.
Any period within which a Party shall, pursuant to this Contract, complete
any action or task, shall be extended for a period equal to the time during
which such Party was unable to perform such action as a result of Force
Majeure.
During the period of their inability to perform the Services as a result of
an event of Force Majeure, the Contractor, upon instructions by the
Owner, shall either:
(a) demobilize, in which case the Contractor shall be reimbursed for
additional costs they reasonably and necessarily incurred, and, if

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 required by the Owner, in reactivating the Services; or
(b) continue with the Services to the extent possible, in which case the
Contractor shall continue to be paid under the terms of this Contract
and be reimbursed for additional costs reasonably and necessarily
incurred.

38 Suspension The Contractor shall, on receipt of the order in writing of the

Engineer-in-Charge, suspend the progress of the Works or any
part thereof for such time and in such manner as the
Engineer-in-Charge may consider necessary for any of the
following reasons:
(i) On account of any default on part of the Contractor;
or
(ii) for proper execution of the Works or part thereof for
reasons other than the default on the part of the
Contractor;
or
(iii) for safety of the Works or part thereof, for reasons
other than those attributable to the Contractor.
The Contractor shall, during such suspension, properly protect
and secure the Works to the extent necessary and carry out the
instructions given in that behalf by the Engineer-in-Charge.
The time for completion of the WORKS will be extended for a
period equal to the duration of the suspension. The Contractor
shall not be eligible for any other compensation whatsoever for
such suspension, except as otherwise provided herein under.
If such suspension of WORK by OWNER delays or is likely to
delay the progress of WORK or the carrying out of WORK
under CONTRACT resulting in additional expenses or
increased liability to CONTRACTOR, the OWNER shall pay to
the CONTRACTOR all reasonable expenses, mutually agreed
between OWNER and CONTRACTOR, arising from suspension
of the work by an order in writing of the OWNER provided that
such suspensions of work is more than a cumulative period of
ninety (90) days and provided that such suspension is not due
to some fault on the part of the CONTRACTOR or a
SUBCONTRACTOR.

39 Termination for The Owner or the Contractor, without prejudice to any other remedy for
Default breach of Contract, by notice of default sent to the other party, may
terminate the Contract in whole or in part if the other party causes a
fundamental breach of contract. In such an occurrence one party shall
give not less than thirty (30) days’ written notice of termination to the
other party.
Fundamental breaches of the Contract shall include but shall not be

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 limited to, the following:
(a) If the Contractor fails to remedy a failure in the performance of their
obligations hereunder, within thirty (30) days of receipt of such
notice of suspension or within such further period as the Owner may
have subsequently approved in writing;
(b) If the Contractor submits to the Owner a statement which has a
material effect on the rights, obligations or interests of the Owner
and which the Contractor knows to be false;

(c) if the Contractor, in the judgement of the Owner has engaged in

corrupt or fraudulent practices in competing for or in executing the
Contract.
For the purpose of this Sub-Clause:
"corrupt practice" means the offering, giving, receiving or soliciting
of anything of value to influence the action of a public official in the
procurement process or in contract execution.
"fraudulent practice" means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Owner and includes collusive practice among
Contractors (prior to or after bid submission) designed to establish
bid prices at artificial non-competitive levels and to deprive the
Owner of the benefits of free and open competition.

40 Termination for The Owner and the Contractor may at any time terminate the Contract by
Insolvency giving notice to the other party if:
(a) the Owner becomes bankrupt or otherwise insolvent;
(b) the Contractor becomes (or, if the Contractor consist of more than
one entity, if any of its Members becomes) insolvent or bankrupt or
enter into any agreements with their creditors for relief of debt or
take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary; or
(c) in such event, termination will be without compensation to any
party, provided that such termination will not prejudice or affect any
right of action or remedy that has accrued or will accrue thereafter to
the other party.

41 Termination for The Owner, by notice sent to the Contractor, may in its sole discretion
Convenience and for any reason whatsoever, terminates the Contract, in whole or in
part, at any time for its convenience. The notice of termination shall
specify that termination is for the Owner’s convenience, the extent to
which performance of the Contractor under the Contract is terminated,
and the date upon which such termination becomes effective.
In event of termination of Order/Contract, the Employer shall pay to the
Supplier/Contractor the Contract Price, properly attributable to the
works/supplies executed by the Supplier/Contractor as on the date of
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 termination. However, any sums due to the Employer from the
Contractor accruing prior to the date of termination shall be deducted
from the amount to be paid to the Supplier under this Order/Contract.

42 Termination The Owner and the Contractor may at any time terminate the Contract by
because of Force giving notice to the other party if, as the result of Force Majeure, the
Majeure Contractor is unable to perform a material portion of the Services for a
period of not less than sixty (60) days.

43 Cessation of Upon termination of the Contract by notice of either Party to the other
Services pursuant to GCC Clauses 39 to 42, the Contractor shall, immediately
upon dispatch or receipt of such notice, take all necessary steps to bring
the Services to a close in a prompt and orderly manner and shall make
every reasonable effort to keep expenditures for this purpose to a
minimum.

44 Payment upon Upon termination of this Contract pursuant to GCC Clauses to 39 to 42,
Termination the Owner shall make the payments to the Contractor for Services
satisfactorily performed prior to the effective date of termination.

45 Disputes about If either Party disputes whether an event specified in GCC Clause 39,
Events of 40 or 41 has occurred, such Party may, within forty-five (45) days after
Termination receipt of notice of termination from the other Party, refer the matter to
arbitration pursuant to GCC Clause 46, and this Contract shall not be
terminated on account of such event except in accordance with the terms
of any resulting arbitral award.
In the case of disagreement between the Parties as to the existence or
extent of Force Majeure, the matter shall be settled according to GCC
Clause 46.

46 Settlement of Adjudicator
Disputes
Managing Director (MD) of HURL shall be the Appointing Authority
for Adjudicator. Adjudicator under the Contract shall be retired judge of
Supreme Court/High Court of India.
If any dispute of any kind whatsoever shall arise between the Owner
and the Contractor in connection with or arising out of the Contract,
including without prejudice to the generality of the foregoing, any
question regarding its existence, validity or termination, or the
execution of the services—whether during the progress of the work or
after their completion and whether before or after the termination,
abandonment or breach of the Contract—the parties shall seek to
resolve any such dispute or difference by mutual consultation. If the
parties fail to resolve such a dispute or difference by mutual
consultation, then the dispute shall be referred in writing by either party
to the Adjudicator, with a copy to the other party.
The Adjudicator shall give its decision in writing to both parties within
twenty-eight (28) days of a dispute being referred to it. If the
Adjudicator has done so, and no notice of intention to commence

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arbitration has been given by either the Owner or the Contractor within
fifty-six (56) days of such reference, the decision shall become final and
binding upon the Owner and the Contractor. Any decision that has
become final and binding shall be implemented by the parties forthwith.
Should the Adjudicator resign or die, or should the Owner and the
Contractor agree that the Adjudicator is not fulfilling its functions in
accordance with the provisions of the Contract, another Adjudicator
shall be jointly appointed by the Owner and the Contractor. Failing
agreement between the two within twenty-eight (28) days, the new
Adjudicator shall be appointed at the request of either party by the
Appointing Authority. Expenses incurred in the process of adjudication
including the fees required to be paid to the adjudicator, if any, shall be
shared equally between the Owner and the Contractor.
Arbitration
If either the Owner or the Contractor is dissatisfied with the Adjudicator’s
decision, or if the Adjudicator fails to give a decision within twenty-eight
(28) days of a dispute being referred to it, then either the Owner or the
Contractor may, within fifty-six (56) days of such reference, give
notice to the other party, with a copy for information to the
Adjudicator, of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of
this matter may be commenced unless such notice is given.
Any dispute in respect of which a notice of intention to commence
arbitration has been given, in accordance with above clause, shall be
finally settled by arbitration. Arbitration may be commenced prior to or
after completion of the Services.
Any dispute submitted by a party to arbitration shall be heard by an
arbitration panel composed of three arbitrators, in accordance with the
provisions set forth below.
The Owner and the Contractor shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the two arbitrators do not succeed in appointing a
third arbitrator within twenty-eight (28) days after the latter of the two
arbitrators has been appointed, the third arbitrator shall, at the request of
either party, be appointed by the Appointing Authority as given below:
a) President, Institution of Engineers in case of an Indian Contractor.
b) President, International Chambers of Commerce, Paris in case of a
Foreign Contractor.
If one party fails to appoint its arbitrator within forty-two (42) days after
the other party has named its arbitrator, the party which has named an
arbitrator may request the Appointing Authority to appoint the second
arbitrator.
If for any reason an arbitrator is unable to perform its function, the
mandate of the Arbitrator shall terminate in accordance with the
provisions of applicable laws as mentioned under the Clause related to

Page 18 of 20
 Governing Law and a substitute shall be appointed in the same manner as
the original arbitrator.
Arbitration proceedings shall be conducted
(i) in accordance with the following rules of procedure :-
a) In case of a foreign Contractor, the arbitration proceeding shall be
conducted in accordance with the United Nations Commission
on International Trade Law (UNCITRAL) Arbitration Rules of
1976.
b) In case of an Indian Contractor, adjudication/Arbitration
proceedings shall be conducted in accordance with Indian
Arbitration and Conciliation Act 1996. In case the Indian
Contractor is an Indian Public Sector Enterprise/Government
Department (but not a State Govt. Undertaking or Joint Sector
Undertaking which is not a subsidiary of Central Govt.
Undertaking), the dispute arising between the Owner and the
Contractor shall be referred for resolution to a Permanent
Arbitration Machinery (PAM) of the Department of Public
Enterprises, Government of India.
c) In case of a foreign collaborator/associate of the Contractor, the
arbitration proceedings shall be conducted in accordance with
the United Nation Commission on International Trade Law
(UNCITRAL) Arbitration Rules of 1976.

(ii) in New Delhi, India (Place for Arbitration)

(iii) in the language in which this Contract has been executed.
The decision of a majority of the arbitrators (or of the third arbitrator
chairing the arbitration, if there is no such majority) shall be final and
binding and shall be enforceable in any court of competent jurisdiction as
decree of the court. The parties thereby waive any objections to or claims
of immunity from such enforcement.

47 Fraud Prevention The Supplier along with their associate / collaborator / subcontractors /
sub-vendors / consultants / service providers shall strictly adhere to the
Policy
Fraud Prevention policy of the Employer displayed on its tender website
http://www.hurl.net.in.

The Supplier along with their associate / collaborator / subcontractors /

sub-vendors / consultants / service providers shall observe the highest
standard of ethics and shall not indulge or allow anybody else working in
their organization to indulge in fraudulent activities during execution of
the Contract (Purchase Order/Service Order).

The Supplier shall immediately apprise the Employer about any fraud or

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 suspected fraud as soon as it comes to their notice.

48 Risk purchase In the event Contractor fails to execute the services in scheduled
completion period, HURL reserves the right to get the job executed from
any other source at the Contractors risk and cost and the difference in
cost shall be borne by the Contractor.
Further, HURL shall retain the right of forfeiture of Performance
Security and or any other action as deemed fit.

49 Counter Counter Guarantee: - If rates are found extraordinarily low then a

Guarantee counter-guarantee will be taken from the successful bidder for
smooth execution of work. The same amount will be released after
the successful execution of work.

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 HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)

SECTION – IV

(TECHNICAL SPECIFICATION AND SCOPE OF WORK)

Page 1 of 8
 Scope of Work

Name of work: ARC for Mechanical Maintenance jobs in DM Plant and Offsite
Area at HURL Gorakhpur.

ANNEXURE ‘1’
SPECIAL TERMS AND CONDITIONS

I. Contractors before submitting tender should inspect the site for full knowledge about the nature &
extent of work and must be conversant with rules applicable for such job & should be prepared to
follow them strictly. The work is to be carried out to the entire satisfaction of Site In charge or
Company's representative.

II. Scope of Work

LABOUR SUPPLY:

Below mentioned Manpower will be needed during routine maintenance as well as during
Short/Annual Shutdown. However, quantity of manpower required under each category will be
decided by HURL Engineer- In – charge for day to day activity and may vary according to job
quantum.

1.1 Contractor will have to make arrangement for supply of labour in various categories as
mentioned below:

1.1.1 Site Supervisor (Skilled)

1.1.2 Technician/ Millwright Fitter (Highly Skilled)- Rotary
1.1.3 General Fitter (Skilled)- Static
1.1.4 Rigger (Semi Skilled)
1.1.5 Helper (Unskilled)

1.2 1.1 Contractor will have to make arrangement for supply of labour in various categories as
mentioned below for Over Time:

1.1.1 Site Supervisor (Skilled)

1.1.2 Technician/ Millwright Fitter (Highly Skilled)- Rotary
1.1.3 General Fitter (Skilled)- Static
1.1.4 Rigger (Semi Skilled)
1.1.5 Helper (Unskilled)

III. Scope of supply

a) All Consumable such as gasket sheets, jointing compound, fasteners, oil, grease etc will be
supplied by HURL free of cost.

b) All the tools and tackles i.e. hydraulic jacks, spanners, chain pulley blocks, etc. shall be arranged
by contractor.

c) The material issued from Companies store yard/store shall be fully accounted for as required.

d) Scaffolding erection as per Job requirement will be in HURL’s scope.

Page 2 of 8
e) Construction aids like crane, Hydra etc. will be supplied free of cost by HURL. The requirement
of construction aids will be decided by the Engineer-in-charge for the contract.

f) The contractor shall maintain minimum following tools and tackles in healthy working condition
for execution of work assigned to him from time to time at different plant/locations

1. Drilling Machine heavy duty 10mm 1 Nos.

2. Drilling machine heavy duty 19 mm 1 Nos.
3. Wire rope Sling upto 5 Ton 2 Nos Each
4. Webbling sling upto 2 Ton 2 Nos each
5. Chain blocks of Capacity 1 Ton 2 Nos
6. Chain blocks of Capacity 2 Ton 2 Nos
7. Chain blocks of Capcity 5 Ton 2 Nos
8. D shackles upto capacity 5 Ton 2 Nos each
9. Hand Trolley of Capacity 3 Ton 1 Nos
10. Hammering spanner upto 41 mm 2 set
11. Box Spanner Set upto 41 mm 1 set
12. Vernier caliper 12 inch& 6 inch 1 Nos each
13. Inside and outside micrometerupto 300 mm 1 Nos each
14. Spanners of all sizes 3 Sets
(Ring and D spanners upto size 36X41, Allen key set, filler gauge, center punch, measuring tape,
steel scale, slide wrench 12 inch, screw driver set, pipe wrenches 12 inch &36 inch, File set,
hammers of capacity 5 LBS, 10 LBS and 15 LBS, mallet hammer, circlip pliers, Hexa blade frame
with blade).

g) Contractor shall deploy tentative one supervisor, 2 Mill right Fitter/Rotary group, 4 general fitter
group, 2 riggers & 6 helpers on daily basis and will increase/decrease be depending upon the
requirement and decision of Engineer-in-charge.

h) Contractor has to ensure that Each fitter gang should have their separate tool box.
Supplied manpower have to work in shifts and One Reliever group of shift to be maintained by
contractor.

i) Contractor will have to provide required PPE’S and other safety equipment’s to its manpower like
hand gloves (cotton, PVC dotted, leather, kevlar), Arc flash suit for welder, safety shoes, safety
helmet, gum boots, dust mask, ear plugs, safety net, full body harness, safety goggles, uniform with
reflectors.

j) Mill wright Fitter/Rotary Fitter should have hands on experience of rotary jobs like PM of
centrifugal pumps, PM of Reciprocating /Metering/Diaph Pump, PM of Lobe type blower, PM of
Cooling tower fans, PM of Oil Centrifuge, PM of Gear Box, Hot & cold alignment of
Pumps/Compressor/turbines, Bearing replacement Jobs, Mechanical Seal overhauling &
replacement jobs, Run out checking, complete overhauling of Centrifugal pumps-single/multi stage-
Horizontal split & vertical split & vertical pit pumps, complete overhauling of gearbox, Complete
overhauling of Fans & Blowers etc.

k) All Mill Right Fitters and General Fitters supplied will have to go through interview process
conducted by HURL Engineer In charge. On successful clearing of interview only, manpower will be
deployed at site. And any time workmanship not found in accordance to requirement, contractor has
to replace the fitter with new one and same process of interview will be done with new candidate.

l) Minimum qualification and Experience of personnel:

Minimum Eligibility criteria of different categories of persons shall be as below.

Sr. No. Category Minimum Qualification Nature of experience

Page 3 of 8
1 Site Supervisor Diploma/ITI (5 years for Diploma or 7 years for ITI) Supervisory experience of
minimum three years.
2 Technician/ Mill Wright Fitter ITI (10 years for ITI ) Shall have hands on experience on the
Rotary equipment like pumps, fan/blowers, compressors and turbines.
3 General Fitter ITI (5 years for ITI ) Shall have hands on experience on the static equipment jobs.
4 Rigger Metric/ITI trade rigger (5 years for ITI or 7 years for Metric pass) Shall be capable of
fixing lifting devices at heights, lifting/shifting of heavy machines/structures to height.
5 Helper Literate Shifting of material and assist to Technician/Fitter/Welder/Rigger or jobs as per
instructions of site engineer.

m) Rates quoted in the tender will be final throughout the period of contract and no escalation of the
same will be allowed under any circumstances.

IV. Mode of Payment

The payment be made against monthly running bills duly recommended by our site engineer
after actual verification of measurement & deducting any dues, advances etc.

V. Mobilization Time:

Initial mobilization time of 20 (twenty) days shall be provided to start the job after written/verbal
communication.

VI. Contract Period:

Twelve months from the date of issue of LOI/Work Order.

VII. Safe Working:

a) While working in existing plant area, CONTRACTOR shall obtain safety work permit. The
CONTRACTOR shall follow all necessary safety procedure. The detailed Safety Guidelines are
attached alongwith the Tender document as ANNEXURE – 3 .
b) All safety devices and personnel protective equipment like safety shoes, helmets, safety belts and
safety goggles etc. for contract manpower shall be arranged by contractor only.

VIII. The contractor shall at his own cost take adequate insurance cover in respect of the following:

1. Third party liability other than in respect of owner’s surrounding properly.

2. Contractor's construction aid and temporary works.
3. Workmen compensation.
4. Employees State Insurance
5. Any other insurance as per statutory requirements.

IX.Contractor to make temporary office and fabrication yard for Pre-fabrication etc. at his own cost.

X.The Contractor will have to arrange the accommodation for his engineers/workers/labor outside
HURL’s premises at their cost.

XI.All the materials shall be supplied to the Contractor in the Company's Stores or the storage area
so designated by the company. In such case, loading on Trailer/Truck/Tractor in Company's
Stores/Storage Yard and transportation to work spot shall be the responsibility of Contractor.

Page 4 of 8
XII.In the event of work is not completed according to the time schedule, the Service provider shall
have to pay Penalty along with GST to the HURL at the rates of 1 % of the total value of work for
delay of every day or part thereof, subject to a ceiling of 10 % of the total value of the work.

ANNEXURE ‘2’

SAFETY GUIDELINES

The contractor shall follow all safety rules and regulations for carrying out the jobs at site as per
following-

1.All workers entering the plant should be physically fit and mentally alert for working.
2.All workers should wear tight fitting clothing with shoes. Loose clothing and use of chappals /
sandals are strictly prohibited in the plant area.
3.All contract workers should be made familiar with safety precautions to be followed inside the
plant.
4.Smoking and carrying smoking aids is not allowed in the plant area.
5.Before starting any job make sure that you have obtained the necessary work permits/ clearance
from the concerned plant / area. Conditions of doing work should be well understood.
6.Any dangerous condition/ situation noted should be reported immediately to concerned area Shift
Incharge. Report the same also to Fire Station.
7.Contract workers are not allowed to walk through or cross any operating units unless their duties
require to do so.
8.Walking on pipe lines/ pipe racks is prohibited.
9.Drums, full or empty should not be used as workbenches or supports for any job. Proper
scaffolding and ladders etc. must be used instead.
10.Cylinders will not be used as a roller for transferring the beams etc.
11.Fire Fighting Equipment are for use in case of fire emergency only and should not be misused/
shifted elsewhere.
12.In case of any fire, attempt to extinguish the fire with available firefighting equipment.
13.It is essential that all the roads should be kept free from obstructions all the time for the
immediate approach of Ambulance/ Fire Tender during any emergency.
14.Workers should know about the hazards involved and safety precautions to be taken in their job
engaged with.
15.Never allow sharp objects and projecting nails etc. lying at the working floor. Ensure good house-
keeping on working floors free from obstacles.
16.First-Aid Boxes with sufficient medicines should be available near the job site.
17.Strict discipline should be enforced and unauthorised persons should not be allowed to move in
the running plant area.
18.Good house-keeping should be maintained throughout the work period.
19.Safety devices and personal protective equipment as helmets, safety shoes, hand gloves, safety
goggles, safety belt etc. must be used invariably wherever / whenever needed.
20.In case of any doubt, one should consult responsible project engineer / plant concerned/ fire &
safety personnel for necessary clarification.
21.Proper communication and co-operation between different agencies when they are working in the
same area so that one does not create undue hazard for others.
22.Competent supervision at job site should be continuously ensured from contractor.
23.In case of hearing emergency siren, job should be stopped immediately.
24.Job should be stopped whenever instructed by Fire & Safety personnel/ Plant personnel.
25.All workers should be aware of nearest applicable assembly points.
26.Vehicle entry in plant is not allowed.
27.Sleeping / resting/ eating inside plant premises is not permitted.
28.Any instruction passed from plant personnel / Fire & Safety personnel should be followed.
29.Do not wash hands etc. from plant drains.

Page 5 of 8
30.Do not open any valves etc. in plant area. For drinking purposes, only drinking water available in
plant areas should be used.
31.All tools/ tackles as ropes/ chains/ pulleys etc. should be fit for use without any discrepancy.
Statutory Testing Certificates of all such tools should be available at site.
32.Additional/ specific instructions as advised for specific areas/ cases from time to time shall also
be adhered to strictly.
SCAFFOLDING & WORKING PLATFORMS: -

1.Trained personnel should do the erection and dismantling of scaffolding.

2.Good material scaffolding capable of withstanding intended loads should be used. Tubular
scaffolding shall be preferred. Wooden/ bamboo scaffolding material is strictly prohibited.
3.The scaffolding should be level and perpendicular on firm base and secured to its supporting
structure at regular spacing.
4.Cross bracing should be provided in vertical plane as well as horizontal plane.
5.Guard rails and toe boards should be provided on all open sides and ends of platforms more than
2M above the floor.
6.Working platforms should be fully planked.
7.Defective scaffolding damaged ladders, insufficient working platforms etc. should not be
permitted.
8.The boards should have at least 300 mm. overlap and extended 150 mm. beyond its supports at the
ends.
9.Tools and loose material should not be left on the scaffoldings from where they are likely to fall.

WORKING AT HEIGHTS: -
1.All persons should wear Safety Belts while working at insecure higher elevations where fall from
height is endangered.
2.Proper scaffoldings and working platforms should be provided to work at higher elevations
wherever possible.
3.Things/ tools etc. should not be thrown from heights.
4.While work is carried out at higher elevations, warnings notices should be posted below or
barricade the area so as to draw the attention of persons to protect themselves against falling objects.
5.Defective scaffoldings, damaged ladders, insufficient working platforms etc. should not be
permitted.
6.Never stand on pipelines/ beams to carry out jobs like tightening bolts etc., as a fall may be severe.
7.The person must wear the safety belt whenever working at height. The end of the belt rope must be
tied securely to some rigid structure or support, which is independent of the equipment on which the
man is working.
8.Simultaneously heavy duty working in same vertical plane at different levels shall not be
permitted.
9.While work requires movement at higher elevations, a strong rope should be tied above the
working plane from rigid supports and the safety belt shall be used in co-ordination with this rope.

ELECTRICAL WORK: -

1.Electrical connection / disconnection jobs should be done by trained electricians only after getting
clearance from the concerned plant area in charge or substation.
2.Avoid over loading of electric circuits.
3.Never use defective or worn out appliances. They may create unnecessary electrical fire hazards.
4.Use only ISI marked electrical appliances, fittings, cables etc.
5.Discard damaged cords and plugs immediately.
6.Check electrical apparatus/ system for damaged insulation and exposed naked wires.
7.Ensure earthing wire is well connected to system/ hand tools etc. use of 3 pin plugs shall be
ensured for safe working.
8.Do not touch electrical switches and appliances with wet hands/ body.
9.Electrical equipment used in flammable atmosphere should be flameproof construction.

Page 6 of 8
10.Never permit a person to work in the proximity of any electrical circuit that may come in contact
with him in the course of his work.
11.Whenever work is to be done on an electrical circuit, the circuit should be isolated and fuses
removed & system is to be discharged to ensure no residual current in the apparatus.
12.As far as possible all temporary electrical cables should be buried at a depth of 1’ / laid overhead
to a height or of approx. 10" (above man height) for safe area working.
13.All the electrical wires laid on the surface should be protected from damage due to vehicles
movement.
14.Proper plugs should be used for tapping power supply. Inserting loose leads into the sockets shall
not be permitted.
15.Hand lamps should be provided with guards over the bulb to protect from mechanical damage.
16.Power operated hand tools should be connected with ELCB (Earth Leakage Circuit Breaker),
remote isolation switch for operator’s safety.
17.Only 24 V supplies shall be ensured for vessel entries.
18.Approach to DB / isolation switch / welding machine etc. should be kept clear all the times.
19.DB/ isolation switches/ welding machines etc. will be placed at safe locations.

LADDERS: -
1.Store the ladders in a safe place protected from weather and exposure to sources of heat and
dampness.
2.Keep the ladders clean and free from dust, grease, oil etc. Inspect the ladder before use.
3.Place the ladder on a firm and level ground so that both side rails have secure footing. Never place
ladders on loose soil, bricks, packing boxes, stool and any movable object.
4.Place the ladder in such a way that the horizontal distance from the base to the vertical plane of the
support is approximately one fourth of the ladder length between its supports.
5.Don’t lean sideways while working with the ladders.
6.Do not place the ladders on unsecured and weak backing such as loose boxes, barrels, window
pans etc.
7.The ladder should extend at least 1.5 m. above its top landing.
8.Secure the ladder at top support as well as bottom support to prevent it from slipping.
9.Never place ladder in front of a door that opens towards the ladder.
10.Don’t place the ladder near live electrical wires.
11.Don’t use ladder in horizontal position.
12.Always face ladder while ascending or descending.
13.Hold ladder with both hands and don’t carry objects in hand while ascending or descending a
ladder.

MATERIAL STORAGE: -
1.Store the material in an orderly manner. Ensure that the materials are stacked on a firm and level
floor. Provide proper supports so that the stacks do not collapse.
2.Protect the material from weather.
3.Don’t allow the material to project in to passages.
4.Provide proper identification marks to indicate the contents of the stored material.
5.Provide adequate ventilation where flammable liquids are stored and handled.
6.Wear suitable personal protective clothing while handling harmful chemicals/ materials.
7.Smoking should be strictly prohibited in the storage area and adequate fire safety precautions
should be taken where flammable materials are stored.
8.Suitable firefighting appliances shall be provided at the storage place.
9.Do not store material on road/ road sides. Always keep aisles/ roads/ plant/ equipment access free
all the time.

ANNEXURE ‘3’

MECHANICAL SCOPE OF WORK FOR DM PLANT & OFFSITE

Sl No Description Unit Approx. Qty Quoted rate

Page 7 of 8
1 Charges towards Deputation of 6 manpower excluding Sunday and Hoildays for day to day
maintenance jobs Listed
1.1 Supply of Supervisor- 1 nos per day Mandays- 303
1.2 Supply of Mill Right Fitter/Rotary Technician- 2 nos per day Mandays -606
1.3 Supply of General Fitter/Static Technician- 3 nos per day Mandays - 909
1.4 Supply of Rigger - 2 nos per day Mandays 606
1.5 Supply of Helper - 5 nos per day Mandays 1515
2 Overtime charges
2.1 Overtime charges of Supervisor Hrs 240
2.2 Overtime charges of Mill Right Fitter/Rotary Technician Hrs 480
2.3 Overtime charges of General Fitter/Static Technician Hrs 720
2.4 Overtime charges of Rigger Hrs 480
2.5 Overtime charges of Helper Hrs 1200

UNPRICED BID
S.No. Description
1 SUPPLY OF SUPERVISOR

2 SUPPLY OF ROTARY TECHNICIAN

3 SUPPLY OF GENERAL FITTER

4 SUPPLY OF RIGGER

5 SUPPLY OF HELPER

6 OT CHARGES OF SUPERVISOR

7 OT CHARGES OF ROTARY TECHNICIAN

8 OT CHARGES OF GENERAL FITTER

9 OT CHARGES OF RIGGER

10 OT CHARGES OF HELPER

Note- Minimum wages of central government notification for B class city is

applicable for this case, bidder may please quote accordingly.

Page 8 of 8
 HINDUSTAN URVARAK & RASAYAN LIMITED
(A JOINT VENTURE OF CIL, NTPC, IOCL, FCIL & HFCL)

SECTION – V

FORMS AND PROCEDURES

(NIT)
 INDEX

Annexure Description

1 Techno-Commercial Proposal Bid Form

2 Format for Electronics Payment

3 Tender Acceptance Letter & Letter of authorization to submit bid

4 No deviation Certificate

5 Certificate from CEO/MD/ Legally Authorised Signatory

6 Acceptance to Fraud Prevention Policy of HURL

7 Certificate related to Restrictions on procurement from a Bidder of a country which

shares a land border with India

8 Format for Declaration of GST

9 Format of Bank Guarantee for Bid Security

10 Format of Performance Bank Guarantee

11 Bank Guarantee Verification Checklist

12 Format for Contract Agreement

Page 2 of 24
 ANNEXURE-1

TECHNO-COMMERCIAL PROPOSAL BID FORM

(To be Submitted on the Letter Head of Bidder)

Bidder's Techno-Commercial Proposal Ref. No.:

Bidder's Name & Address : Date:

Person to be contacted:
Designation :
Tel. No(s). :
Mobile No. :
Fax No(s). :
E-mail address:

To

Deputy General Manager (C&M)

Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007

Dear Sirs,

1.0 Having examined the Bidding Documents including its subsequent amendments
and clarifications, if any, issued by Owner, the receipt of which is hereby
acknowledged, we the undersigned, offer to complete the work under the above-
named Package in full conformity with the said Bidding Documents and hereby
furnish our Techno-Commercial Proposal.

2.0 We have understood the instructions and the terms & conditions mentioned in the
Bidding Documents furnished by you and have thoroughly examined the
specifications laid down by you in the Bidding Documents and are fully aware of
the nature of consultancy services required.

Attachments to the Bid form (Techno-Commercial Bid):

In line with the requirement of the Bidding Documents we enclose herewith the
following Attachments to the Bid Form (Techno-commercial) Bid:

Page 3 of 24
Sr. No Description

1 Power of Attorney as per requirement mentioned in NIT.

Signed, Stamped and Scanned copy of proof for payment of Earnest Money Deposit
2
(EMD) / MSE Certificate for exemption.

Signed, Stamped and Scanned copy of Certificates like Registration certificate, GST
3
No, PAN No, etc.

Signed, Stamped and Scanned copy of Format for Electronics Payment (Enclosed as
4
Annexure-2 to Forms and Procedures i.e., Section V)

Signed, Stamped and Scanned copy of Tender Acceptance Letter (Enclosed as

5 Annexure-3 to Forms and Procedures i.e., Section V)

Documents as required in accordance with Qualifying Requirements / Pre-

6
Qualification Criteria (PQC) i.e., Clause 6 of NIT

Signed, Stamped and Scanned copy of No deviation Certificate (Enclosed as Annexure-

7
4 to Forms and Procedures i.e., Section V)

Signed, Stamped and Scanned copy of Certificate from CEO/MD/ Legally Authorised
Signatory, in the format as enclosed as Annexure-5 to Forms and Procedures i.e.,
Section VI) to Bidding Document shall be furnished certifying that the data and
documents furnished by them in respect of Techno-Commercial Evaluation are true
8
and correct including the contents thereof. However, if at any point of time the
declarations given in bid are found to be incorrect, HURL shall have the full right to
terminate the contract and take any action as per provisions of contract including
forfeiture of EMD/Security Deposit.

Acceptance to Fraud Prevention Policy of HURL, for which the bidder has to submit
9 Signed, Stamped and Scanned copy of Form of Acceptance of Fraud Prevention
Policy of HURL. (Enclosed as Annexure-6 to Forms and Procedures i.e., Section V).

Certificate related to Restrictions on procurement from a Bidder of a country which

10 shares a land border with India” i.e.
(Enclosed as Annexure-7 to Forms and Procedures i.e., Section V).

11 Declaration of GST as per Annexure- 8 to Forms and Procedures i.e., Section V

12 Any Other Document asked for in the Bidding Document

3.0 COMPLIANCE TO THE PROVISIONS OF THE BIDDING DOCUMENTS

3.1 We have read all the provisions of the Bidding Documents and confirm that
notwithstanding anything stated elsewhere in our bid to the contrary, the provisions
of the Bidding Documents, are acceptable to us and we further confirm that we
Page 4 of 24
 have not taken any deviation to the provisions of the Bidding Documents anywhere
in our bid.

We have furnished our compliance to the provisions of the Bidding Documents

and its subsequent Amendment(s)/Clarification(s)/Addenda/Errata by furnishing
“NO DEVIATION CERTIFICATE”.

We hereby confirm that any deviation, variation or additional condition etc. or any
mention, contrary to the provisions of Bidding Documents and its subsequent
Amendment(s)/Clarification(s)/Addenda/Errata (if any) found anywhere in our bid
proposal, implicit or explicit shall stand unconditionally withdrawn, without any
cost implication whatsoever to the Owner, failing which our bid security shall be
forfeited.

3.2 We further declare that additional conditions, variations, deviations, if any, found
in the bid, shall not be given effect to.

4.0 We undertake, if our bid is accepted, to commence the work immediately upon
your Notification of Award to us.

5.0 We agree to abide by this bid for a period 180 days from the date of opening of
Techno-Commercial bids as stipulated in the Bidding Documents and it shall
remain binding upon us and may be accepted by you at any time before the
expiration of that period.

6.0 Until a formal Contract Agreement is prepared and executed between us, the bids,
together with your written acceptance thereof in the form of your Notification of
Award shall constitute a binding contract between us.

7.0 We understand that you are not bound to accept our bid or any other bid you may
receive.

8.0 We, hereby, declare that only the persons or firms interested in this proposal as
principals are named here and that no other persons or firms other than those
mentioned herein have any interest in this proposal or in the Contract to be entered
into, if the award is made on us, that this proposal is made without any connection
with any other person, firm or party likewise submitting a proposal, is in all
respects for and in good faith, without collusion or fraud.

9.0 We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Public sector undertaking.

10.0 We certify that all information furnished by the our Firm is true & correct and in
the event that the information is found to be incorrect/untrue or found violated,
then your department/ organization shall without giving any notice or reason
therefore or summarily reject the bid or terminate the contract, without prejudice
to any other rights or remedy including the forfeiture of the full said earnest
money deposit absolutely.

Page 5 of 24
Dated this. day of

Thanking you,
Yours faithfully,
Date :

Place : (authorised signatory Name).

(Designation)

Company Seal

Page 6 of 24
 ANNEXURE - 2

Format For Electronics Payment

Bidders are required to submit the following details on the company’s letter head for online
transfer of amount to their account:

1. Contractor Name / Company Name

Address:
Phone No.
E-mail ID
2. a Name of the Bank
b. Address of the Branch
c. Telephone No.
d. 9 Digit Code number of the Bank and Branch
appearing on the MICR Cheque issued by the
Bank
e. 11 Digit NEFT/IFSC Code of the Bank Branch
f. Account Type (SB/CC/CA)
g. Bank Account No.(as appearing on the Cheque)
h. Permanent Account Number (PAN) Under
Income
Tax Act.
I GST Registration Number
j. Name of Authorized Signatory
k. Contact Person Name

We hereby declare that the particulars given above are correct and complete

Authorized signatory of the bidder

Name

Designation

Date

Page 7 of 24
 Annexure-3
TENDER ACCEPTANCE LETTER
(To be given on Company Letter Head)

Date:
To,

Sub: Acceptance of Terms & Conditions of Tender.

Tender Reference No:

Name of Tender / Work: -

Dear Sir,

1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
as per your advertisement, given in the above-mentioned website(s).

2. I / We hereby certify that I / we have read the entire terms and conditions of the tender
documents from Page No. to (including all documents like annexure(s), schedule(s), etc
.,), which form part of the contract agreement and I / we shall abide hereby by the terms /
conditions / clauses contained therein.

3. The corrigendum(s) issued from time to time by your department/ organization too have
also been taken into consideration, while submitting this acceptance letter.

4. I / We hereby unconditionally accept the tender conditions of above-mentioned tender

document(s) / corrigendum(s) in its totality / entirety.

5. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Public sector undertaking.

6. I / We certify that all information furnished by the our Firm is true & correct and in the
event that the information is found to be incorrect/untrue or found violated, then your
department/ organization shall without giving any notice or reason therefore or summarily
reject the bid or terminate the contract , without prejudice to any other rights or remedy
including the forfeiture of the full said earnest money deposit absolutely.

Yours Faithfully,
(Signature of the Bidder, with Official Seal)

Page 8 of 24
 ANNEXURE - 4

DECLARATION FOR “NO DEVIATION”

(To be submitted on the Letter Head of the Bidder duly signed by Authorised
Signatory)

1. With reference to our Bid Proposal No. ………… dated ……………. For …(Name
of Package to be mentioned)…………………….., we hereby confirm that we comply
with all terms, conditions and specifications of the Bidding Documents read in
conjunction with Amendments(s) / Clarification(s) / Addenda / Errata (if any) issued
by the Owner prior to opening of Techno – Commercial Bids and the same has been
taken into consideration while making our Techno – Commercial Bid & Financial Bid
and we declare that we have not taken any deviation / exceptions in this regard.

2. We further confirm that any deviation variation or additional conditions etc. or any
mention, contrary to the Bidding Documents and its Amendments(s) / Clarification(s) /
Addenda / Errata (if any) as mentioned at 1.0 above found anywhere in our Techno –
Commercial Bid and / or Financial Bid, implicit or explicit, shall stand unconditionally
withdrawn, without any cost implication whatsoever to the Owner, failing which the Bid
Security shall be forfeited.

Yours faithfully,
(Signature)

Date: Name & Designation................................

Place: Name of the Company.............................

(Seal of Company) ..........................................

Page 9 of 24
 ANNEXURE-5

PROFORMA OF CERTIFICATE
(TO BE SUBMITTED BY CEO/MD/ LEGALLY AUTHORISED SIGINATORY OF
THE BIDDING COMPANY ON COMPANY'S LETTER HEAD IN ORIGINAL)

Ref. : Date:

To
Deputy General Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007
Sub:

Bidding Doc. No.

Dear Sir,

I, Mr. .......................................... (CEO of the company / MD of the company/ Authorized

Signatory), hereby certify that the data and documents furnished by
M/s.………………………………….. in respect of Techno-Commercial Evaluation are true
and correct including the contents thereof.

I further, confirm that if at any point of time the declarations given in bid are found to be
incorrect, HURL shall have the full right to terminate the contract and take any action as per
provisions of contract including forfeiture of EMD/Security Deposit.

Yours faithfully,
(Signature)
Date Name & Designation................................
Place Name of the Company.............................
(Seal of Company) ..............................................

Page 10 of 24
 ANNEXURE - 6

(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY OF HURL)

(To be submitted on the Letter Head of the Bidder duly signed by Authorised
Signatory)

Ref. : Date:

To
Deputy General Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007

Sub: FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY OF HURL

Bidding Doc. No.

We have read the contents of the Fraud Prevention Policy of HURL displayed on its
website http://www.hurl.net.in and undertake that we shall strictly abide by the provisions
of the said Fraud Prevention Policy of HURL.

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

Date : (Signature of Authorized Signatory) .............................

Place : (Printed Name) ......................

(Designation).........................

(Company Seal) ....................

Page 11 of 24
 ANNEXURE - 7

Model Certificate For Tenders For Works involving possibility of sub-contracting

(TO BE SUBMITTED BY AUTHORISED SIGNATORY OF THE BIDDING
COMPANY ON BIDDERS LETTER HEAD IN ORIGINAL)

Bid Ref No. : ……………

Bidder's Name and Address:

To,
Deputy General Manager (C&M)
Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007

Dear Sir,

We have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such
countries as per the guidelines dated 23.07.2020 & 24.07.2020 issued by Department of
Expenditure (DOE), Ministry of Finance; We hereby certify that we/our collaborator/ JV
partner/ Consortium member/ Assignee is not from such a country and are eligible to be
considered. We further certify that we will not sub-contract any work to a contractor from
such countries unless such contractor is registered with the Competent Authority. We hereby
certify that we fulfill all the requirements in this regard.

Yours faithfully,

(Signature)

Date Name & Designation................................

Place Name of the Company.............................
(Seal of Company) ..............................................

Note: - Bidders not furnishing this aforesaid declaration shall be considered to be from such
Countries.

Page 12 of 24
 ANNEXURE - 8

DECLARATION REGARDING GST

(To be given on Company Letter Head)

Date:
To,
Sub: Declaration Regarding GST
Tender Reference No:

Name of Tender / Work: -

Dear Sir,

We hereby submit following declaration with respect to the applicability of GST.

GST (Goods and Service Tax) on transportation activity being under reverse charge
mechanism (RCM) shall be deposited by HURL.

GST shall be Charged by the bidder @ ________% will be reimbursed by HURL.

(Please tick in the applicable Box for GST)

Yours Faithfully,
(Signature of the Bidder, with Official Seal)

Note: -

If the bidder quotes Zero “0” in the Applicable GST rate in the declaration OR doesn’t submit
the declaration then the GST amount would be deemed to be included in the per unit rate
quoted by the bidder in the BOQ.

Page 13 of 24
 ANNEXURE - 9

Bid Security Form

Bank Guarantee

(To be stamped in accordance with Stamp Act,

if any, of the Country of the issuing Bank)

Bank Guarantee No...

Date…

To:

Deputy General Manager (C&M)

Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007

Dear Sirs,

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

As an irrevocable bank guarantee against Bid Security for an amount of … ……..

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

We, the … [Name & address of the Bank] …having our Head Office at … (#) …
gurantee and undertake to pay immediately on demand by…......... .[Name of the
Owner] (hereinafter called the Owner)… . the amount of ..(*) …..without
any reservation, protest, demand and recourse. Any such demand made by the ‘Owner’
shall be conclusive and binding on us irrespective of any dispute or difference raised by
the Bidder.

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

Notwithstanding anything contained herein:

1. Our liability under this bank guarantee shall not exceed [Bid security amount]

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2. This bank guarantee shall be valid up to [expiry date]

3. We are liable to pay the guaranteed amount or any part under this bank guarantee
only and only if you serve upon us a written claim or demand on or before [claim expiry
date of guarantee]”.

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

(Signature)
(Name)
(Designation with Bank Stamp)

Authorized Vide Power of Attorney No…

Date…

NOTE:
1. (*) The amount shall be as specified in the Bid Data Sheets.
(**) This shall be the date of opening of Techno-commercial bids.
(#) Complete mailing address of the Head Office of the Bank to be given.
(@) This date shall be forty-five (45) days after the last date of bid validity.

2. The Bank Guarantee shall be from a Bank as per relevant provisions of ITC clause
of the Bidding Documents.

3. The Stamp Paper of appropriate value shall be purchased in the name of Bidder/Bank
issuing the Guarantee.

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

5. HURL Bank details required for the purpose of issuance of Bank Guarantee are

Bank: SBI
Current account no 36245010741,
IFSC Code- SBIN0004803.

Page 15 of 24
 ANNEXURE - 10

Performance Security Form

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

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

Date......................................
To,

Deputy General Manager (C&M)

Hindustan Urvarak & Rasayan Limited,
(A JV of CIL, NTPC, IOCL, FCIL & HFCL)
Admin Building, HURL Campus,
PO-HURL Fertilizer Plant,
Gorakhpur-273007

Dear Sirs,

In consideration of the .......[Owner's Name]........ (hereinafter referred to as the ‘Owner’

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

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

at...........................(hereinafter referred to as the ‘Bank’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators, executors
and assigns) do hereby guarantee and undertake to pay the Owner, on demand any and all
monies payable by the Bidder to the extent of ..................(*).................... as aforesaid at any
time upto .........................(@)...................... [days/month/year] without any demur,
reservation, contest, recourse or protest and/or without any reference to the Bidder. Any
such demand made by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Bidder 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 Owner and further
agrees that the guarantee herein contained shall be enforceable till ninety (90) days after
expiry of its validity.

The Owner 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

Page 16 of 24
Contract by the Bidder. The Owner shall have the fullest liberty, without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any
right which they might have against the Bidder, and to exercise the same at any time in any
manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in
the Contract between the Owner and the Bidder or any other course or remedy or security
available to the Owner. The Bank shall not be released of its obligations under these presents
by any exercise by the Owner of its liberty with reference to the matters aforesaid or any of
them or by reason of any other act or forbearance or other acts of ommission or commission
on the part of the Owner or any other indulgence shown by the Owner or by any other matter
or thing whatsoever which under law would, but for this provision, have the effect of
relieving the Bank.

The Bank also agrees that the Owner 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
Bidder and notwithstanding any security or other guarantee that the Owner may have in
relation to the Bidder’s liabilities.

Notwithstanding anything contained hereinabove our liability under this guarantee is

restricted to .........................(*)......................... and it shall remain in force upto and
including .....................(@)...................... and shall be extended from time to time for such
period (not exceeding one year), as may be desired by M/s .......[Bidder's Name}............ on
whose behalf this guarantee has been given.

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

WITNESS :

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

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

Attorney as per Power

of Attorney No......................
Dated....................................

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

(@) This date will be ninety (90) days beyond the completion date for
consultancy work as specified in the Contract.

2.The stamp papers of appropriate value shall be purchased in the name of

guarantee issuing Bank.

Page 17 of 24
3.While getting the Bank Guarantee issued, the Bidder is required to ensure
compliance to the points mentioned in relevant Form of Bank Guarantee
Verification Check List. Further, the Bidder is required to fill up this Form and
enclose the same with the Bank Guarantee.

4.The Bank Guarantee shall be from any Scheduled / Commercial Bank

recognised by Reserve Bank of India.

Page 18 of 24
 ANNEXURE - 11

BANK GUARANTEE VERFICATION CHECKLIST

1. Bank Guarantee No.

2. Issuing Bank
3. Amount of BG
4. Nature of BG & No. Pages
5. Validity of BG
6. Package Description
7. Party & Contracts Ref.
8. Bank Reference
CHECK LIST
------------------------------------------------------------------------------------------------------------------
S.No. Details of Checks Yes/No
------------------------------------------------------------------------------------------------------------------
a) Is the BG on non-judicial stamp paper of
appropriate value, as per Stamp Act?
b) Whether date, purpose of purchase of
stamp paper and name of the purchaser
are indicated on the back of stamp paper
under the Signature of Stamp vendor?
(The date of purchase of stamp paper
should be not later than the date of
execution of BG and the stamp paper
should be purchased either in the name
of the executing Bank or the Bidder on
whose behalf the BG has been issued).

c) In case the BGs from Banks abroad,

has the BG been executed on Letter
Head of the Bank, whether adhesive Stamp
of appropriate value has been affixed thereon.

d) Has the executing Officer of BG indicated

his name, designation and Power of Attorney
No. / Signing Power No. etc. on the BG?

e) Is each page of BG duly signed/initiated by

executant and whether stamp of Bank is affixed
thereon? Whether the last page is signed with
full particulars including two witness under
seal of Bank as required in the prescribed proforma?

f) Does the Bank Guarantees compare

verbatim with the Proforma prescribed
in the Bid Documents?
g) In case of any changes in contents of text,

Page 19 of 24
 whether changes are of minor/clerical nature
(which in no way limits the right of HURL in
any manner)?
h) In case of deviations in text of BG, which materially
affect the right of Owner, whether the changes
have been agreed based on the opinion by
Legal Department or BG is considered acceptable
on the basis of opinion of Law Department already
available on the similar issue.
i) Are the factual details such as Bid
Document No./Specification No. /
NOA / LOA / Contract No., Contract
Price, Percentage of Advance, Amount
of BG and Validity of BG correctly
mentioned in the BG?
j) Whether overwriting / cutting if any on
the BG have been properly authenticated
under signature & seal of executant?

k) Whether the BG has been issued by

a Bank in line with the provisions of
Bidding / Contract Documents?

l) In case BG has been issued by a Bank

other than Scheduled / Commercial Bank
recognised by Reserve Bank of India,
is the BG confirmed by a Bank in India
acceptable as per Bidding /
Contract Documents?
----------------------------------------------------------------------------------------------------------------
-----------

Date : Signature.......................................................

Place :

Printed Name of Authorized Person having Power of

Attorney...........................................

(Designation) ...................................................

(Common Seal) ............................................

Note : The Bidder is required to fill up this form and enclose along with the Bank
Guarante

Page 20 of 24
 ANNEXURE - 12

FORMAT OF CONTRACT AGREEMENT

(To be executed on non-judicial stamp paper of appropriate value)

THIS CONTRACT AGREEMENT is made the____________ day of___________, 20____..

BETWEEN

(1) [Name of Owner], a corporation incorporated under the laws of [country of Owner] and
having its principal place of business at [address of Owner] (hereinafter called “the Owner”),
and (2) [name of Contractor], a corporation incorporated under the laws of [country of
Contractor] and having its principal place of business at [address of Contractor] (hereinafter
called “the Contractor”)

WHEREAS the Owner desires to engage the Contractor to ……………..[scope of

work]……….. and the Contractor have agreed to such engagement upon and subject to the
terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

ARTICLE 1. CONTRACT DOCUMENTS

1.1 The following documents shall constitute the Contract between the Owner and the
Contractor,
and each shall be read and construed as an integral part of the Contract:

a) This Contract Agreement and the Appendices hereto

b) Letter of Award .. Ref. No
c) Amendment to the NIT document.
d) Instruction to Bidders
e) Special Conditions of Contract
f) General Conditions of Contract
g) Technical Specifications and Drawings
(f)The Bid and Price Schedules submitted by the Bidder

1.2 Order of Precedence

In the event of any ambiguity or conflict between the Contract Documents listed above, the
order of precedence shall be the order in which the Contract Documents are listed in Article
1.1(Contract Documents) above.

1.3 Definitions

Page 21 of 24
Capitalized words and phrases used herein shall have the same meanings as are ascribed to
them in the General Conditions of Contract.

ARTICLE 2. CONTRACT PRICE AND PAYMENT TERMS

2.1 Contract Price

The Owner hereby agrees to pay to the Contractor the Contract Price in consideration
of the performance by the Contractor of its obligations hereunder. The Contract Price
shall be the aggregate of: [amount of foreign currency in words], [amount in figures],
and [amount of local currency in words], [amount in figures], or such other sums as
may be determined in accordance with the terms and conditions of the Contract.

2.2 Payment Terms

Payment shall be made by the Owner to the Contractor as per the provisions of Bidding
Documents.

ARTICLE 3. EFFECTIVE DATE FOR DETERMINING TIME FOR COMPLETION

The Completion period of the Project shall be determined from the date of Letter of Award.

ARTICLE 4. NON-ASSIGNABILITY

The Contract and benefits and obligations thereof shall be strictly personal to the
CONTRACTOR and shall not on any account be assignable or transferable by the
CONTRACTOR.

ARTICLE 5. GOVERNMENT OF INDIA NOT LIABLE

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

Page 22 of 24
 ARTICLE 6. Appendices

The Appendices listed in the attached list of Appendices shall be deemed to form an integral
part of this Contract Agreement.
Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and
the Contract shall be read and construed accordingly.

ARTICLE 7. NO LIABILITY ON DIRECTOR AND EMPLOYEE

No Director, employee, consultant or agent of the OWNER or other person representing the
OWNER or acting on behalf of the OWNER in or pursuant to the Contract or in the
discharge of any obligation to the OWNER under the Contract or otherwise in relation to the
Contract shall have any personal liability to the CONTRACTOR or any Sub-Contractor,
agent, representative, director or employee of the CONTRACTOR or to any other person
acting for or on behalf of the CONTRACTOR and the CONTRACTOR on its own behalf
and on behalf of its Sub Contractors, directors, employees, agents and representatives hereby
waives and disclaims any and all right of action which it or they may have whether under tort
or Contract or otherwise against the OWNER or any director, employee, agent, consultant or
representative of the OWNER for act of omission or commission done or omitted to be done.

ARTICLE 8. WAIVER

No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms
of the CONTRACT or any obligation or liability of the CONTRACTOR in terms thereof,
shall be deemed to be a waiver of such right, remedy, obligation or liability, as the case may
be, by the OWNER and notwithstanding such failure or delay, the OWNER shall be entitled at
any time to enforce such right, remedy, obligation or liability, as the case may be.

ARTICLE 9. LANGUAGE OF CONTRACT AND COMMUNICATION

The language of the Contract shall be English and all communications, drawings, design, data,
information, codes specifications and other document whatsoever supporting the bid or
otherwise exchanged under the Contract shall be in English. In the event that any technical
documentation is in any language other than English, the document should be translated and
presented to the OWNER/Project Manager in English and English document/translated
document shall be regarded as the only authentic document.

IN WITNESS WHEREOF the Owner and the Bidder have caused this Agreement to
be duly executed by their duly authorized representatives the day and year first above writ-
ten.

Signed by for and on behalf of the Owner

[Signature]

Page 23 of 24
[Title]
in the presence of

Signed by for and on behalf of the Bidder

[Signature]

[Title]
in the presence of __________________________________________________

CONTRACT AGREEMENT

dated the_________________ day of____________________, 20____________

BETWEEN

[“the Owner”]

and
[“the Bidder”]

Page 24 of 24