PART - I (GCC)

GENERAL TERMS AND CONDITION OF CONTRACT

1.0 General Particulars

1.1 The Gujarat Energy Transmission Corporation Ltd., Baroda hereinafter called
‘GETCO’/ ‘OWNER’ intends to receive bids for Design, Engineering, manufacturing,
Supply, erection, testing and commissioning of 400KV and 220KV GIS Equipment &
material on Turnkey basis including all civil works at 400KV Dholera GIS S/S as per
detailed in the accompanying specifications in accordance with Terms and Conditions
herein. The bids shall be prepared and furnished as per these Instructions.

Defination of terms :

Note: ‘Owner’ shall mean the Gujarat Energy Transmission Corporation Ltd
Vadodara or any of its group companies i.e. GUVNL, GSECL, MGVCL, DGVCL,
PGVCL, UGVCL and shall include its legal representatives, successors and
assigns.

1.2 Any Bidder from a country which shares a land border with India will be eligible to bid
only if the Bidder is registered with the Competent Authority as per order no.
F.No.6/18/2019-PPD (Order Public Procurement no.1) dated 23/07/2020 and
F.No.6/18/2019-PPD (Order Public Procurement no.2) dated 23/07/2020, issued by
Public Procurement Division, Department of Expenditure, Ministry of Finance,
Government of India (DoE Order).

However, the aforesaid condition for registration of Bidders from countries (even if
sharing land border with India) shall not be applicable to Bidders from such countries to
which Government of India has extended lines of credit or in which Government of India
is engaged in development projects.

For the aforesaid purpose,

(i) “Bidder” means any person or firm or company, including any member of a consortium
or joint venture (that is an association of several persons, or firms or companies), every
artificial juridical persons 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

(ii) “Bidder from a country which shares a land border with India” for this purpose 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

Seal & Signature of Bidder 11

(iii) The beneficial owner for the purpose of (ii) (d) above will be under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together , or through one or more juridical person,
has controlling ownership interests or who exercises control through other means
Explanation-
a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-
five percent of shares or capital or profits of the company
b. “Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rights or shareholders agreement or voting rights;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is the

natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or
capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official

5. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust through
a chain of control or ownership.

An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.

Further, the successful Bidder shall not allowed to subcontract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.
The Bidder shall in its bid submit a certificate in compliance to DoE order as per the given format.
Further, the firm has to be a ‘Class-I local supplier’ as defined under Public Procurement
(Preference to Make in India) Order, 2017 issued by Department for promotion of Industry
and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India vide order
dated 15/06/2017, its revision dated 04/06/2020 (PPP-MII Order) read in conjunction with
‘Public Procurement (Preference to Make in India) to provide for Purchase Preference
(linked with local content) in respect of Power Sector’ order dated 28/07/2020 issued by
Ministry of Power (MoP Order) and subsequent modifications/amendments if any

Firms who are not ‘Class-I local supplier ‘ shall not be eligible to bid.

Registration desirable by DPIIT is must be valid till the expiry of validity of offer. Mere
application for registration will not be consider and bid is liable to rejected.

Eligible Bidder should submit the aforesaid registration documents and if not applicable, the
undertaking is to be submitted along with bid, stating that bidder are not falling under requirement
of registration as per DPIIT Guideline and will follow applicable DPIIT Guideline and appropriate
guideline regarding import of material as per DPIIT in toto.

Seal & Signature of Bidder 12

2.0 Scope of the proposal and Work

2.1 The Scope of the proposal shall be on the basis of a single Bidder’s responsibility,
completely covering all the equipments and installation services specified under the
accompanying Technical Specifications. It will include among others as specified therein
the following:-

a) Detailed Design, Engineering and detailed calculation.

b) Complete manufacture including shop testing.
c) Providing engineering drawings, data, operation manual, etc for the Owner’s approval.
d) Packing and transportation from the manufacturer’s works to the Site.
e) Receipt storage, preservation and conservation of equipment & at the Site.
f) Pre-assembly, if any, insurance, erection, testing and commissioning of all the
equipments/accessories etc.
g) Reliability tests and performance guarantee tests on completion of commissioning.

2.2 No deviation whatsoever to certain conditions of the bidding documents permitted by the
Owner and therefore, the Bidders are advised that while making Bid Proposals and
quoting prices these conditions may appropriately be taken into consideration. Bidders
are required to furnish a certificate in this regard as per the format provided in Special
Conditions of Contract in a separate sealed envelope containing Bid security, which shall
accompany the Technical Bid. Any Bid not accompanied by such certificate shall be
rejected by the Owner and shall not be opened.

2.3 Bids not covering the above cited entire scope of works may be treated as incomplete
and hence rejected.

2.4 The Bidder shall complete all the schedules & annexure in the Bid Proposal Sheets,
Technical Data Sheets and specified elsewhere. The Qualifying Data should be filled in
the required schedule of Bid Proposal Sheets.

2.5 This specification covers the detailing, designing, engineering, manufacturing, testing at
works, packing, supply, storage, insurance and handling at site, Design, Engineering,
manufacturing, Supply, erection, testing and commissioning of 400KV and 220KV GIS
Equipment & material on Turnkey basis including all civil works at 400KV Dholera GIS S/S.

The work includes Design, Engineering, manufacturing, Supply, erection, testing and
commissioning of 400KV and 220KV GIS Equipment & material on Turnkey basis including
all civil works at 400KV Dholera GIS S/S.

2.6 basis including all civil work including Cabling, Wiring, Earthing , yard lighting etc.
as stated hereunder & detailed in the Schedules so as to complete the project as
per approved bill of quantities and layout drawings.

( I ) Scope of work : ( Electrical)

Design, engineering, manufacture, testing, supply to destination site basis, including

transportation & insurance, storage, erection, testing & commissioning of the following
equipments/items, conductors, insulators & all necessary hardware, clamp connectors
etc complete in all respects for the followings;

Seal & Signature of Bidder 13

 400KV SWITCHYARD
2 BUS SCHEME( Main-I and Main-II)
NOS.
NAME OF BAY Remark
OF BAY

400KV LINE BAYS 4 02 Nos of FB 400KV D/C Dholera-Pachham Line(OPGW+FOTE) +

02 Nos of FB 400KV D/C Dholera-Torrent AA S/S Line(OPGW+FOTE)
TR. BAYS 3 400/220KV Transformer Bays(HV Side)
BUS COUPLER BAY 1 400KV Bus Coupler Bay
PT BAYS 2 400KV PT Bays
Reactor Bay 1 400KV 125 MVAr Reactor Bay
TOTAL 11

(A) SCADA
(A) Complete Sub-Station automation including hardware & software for local control
station along with associated equipments as defined in tech specifications.
(B) Other activities for GIS Sub-Station.
(i) Complete relay & protection system including design, engineering,
calculations etc.
(ii) Air conditioning system – For control room (split A/C )
(iii) LT Switchgear (A/C & D/C Distribution board)
(iv) Batteries & battery chargers for
a) As per BOQ
b) Control Cables
(v) Fire detection & Alarm system for Building
Mandatory Spares
– As specified in BOQ & tech specification part –II.
(vi) Other associated equipments, accessories etc, as per layout.
(vii) Structures:
Design & engineering of gantry structures are in the scope of
bidder

(vii) Earthing:
a. Complete Earthing system including Earth mat. and protection against direct stroke
of lightning.
b. Execution of earthing work includes supply of all earthing materials.
(viii) Lighting.
(i) Yard Lighting of the switchyard.
(ii) Illumination design to be done as per CBIP manual.
(iii) Illumination of GIS housing & CR building.
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 (iv) Scope is as per BOQ & Specifications as per Part –II & III.
(ix) This is being a turnkey project therefore any item , accessories, work etc
required for completion and successful operation of entire project shall be
considered in the scope.
1. Contractor has to provide all engineering drawings , data calculations etc for owners
approval as specified in part –I, GCC, general Information.(Tech) – Clause No. 1.2

SCOPE OF CIVIL WORKS FOR PROPOSED 400KV DHOLERA S/S

The scope of work under this contract shall include construction of all the items mentioned
hereunder, but not limited to, which are required for satisfactory & successful completion and
commissioning of 400KV GIS Sub-station at Dholera in the state of Gujarat except exclusion
specifically mentioned elsewhere in this document.

1.0 GENERAL
The contractor shall provide all labor, tools, plants & equipments, material, temporary works,
construction plants & machinery, fuel supply, transportation, insurance and all other incidental
items not specified but as they may be required for complete performance of the works in
accordance with approved drawings, specifications, applicable IS codes & direction of the
GETCO.

The work shall be carried out according to design & drawings approved by GETCO. The
successful bidders shall be fully responsible for the fulfilling functional requirement such as
operational & maintenance requirements etc. of the project & work shall be carried out as per
the applicable IS codes & International standards. In case of ambiguity between codes,
specifications and drawings, the most stringent of them shall govern. Certain general
requirements are indicated hereunder;
2.0 The scope of work under this contract shall include following in general.
1. Control Room Building & GIS housing with EOT crane arrangement
and cable celler.
2. Security Cabin.
3. Foundations for Switch Yard Structures & Equipments.

4. Cable Trenches & Earthling Chambers.

5. Transformer Foundations with marshalling work & its track up-to road

6. Fire Protection Wall

7. Roads, Culverts, Paving & Storm water Drains

8. Bore well.

9. Water Supply System internal & external with(U/G + O/H tanks) tanks.

10. Chain link Fencing with Gate

Seal & Signature of Bidder 15

 11. Septic Tank with Soak Pit and drainage system (Internal & External)

12. Car / Scooter Parking Sheds.

13. Metal spreading with micro-leveling & anti-weed treatment

14. Rain water harvesting

15. Tree Plantation – (Green Belt) & Horticultural Work

16. Furniture, RO Plant for potable water, Water Coolers , split A.C etc,

17. Any other civil work which are required for successful completion &
commissioning of 220kv GIS.

In the tender separate schedules for Civil works at 400KV GIS Dholera are enclosed.
Contractor shall have to quote the rates in figure & in words for each item of work, separately.
In case of any ambiguity the rates quoted in words shall govern.

2.7 Project PARTICULARS

Name of the Project 400KV Dholera GIS SS

2.8 SYSTEM DATA

Project Particulars 400KV Dholera GIS SS

1 System Voltage 400/220/33 KV

2 System of Earthing Solidly Earthed
3 Rated frequency 50 HZ ± 5%
4 Control voltage 220 V DC ± 10%
5 Average Soil resistivity 50 Ohm-M
6 Location
Nearest Railway station Bhavnagar
Nearest Airport Ahmedabad
Latitude 2452672.49 m N
Longitude 211253.68 m E

3.0 Bidding Costs

All costs/expenses in the preparation and submission of the Bid (including any post Bid
discussions/presentations) shall be fully borne by the Bidder. Owner will not be
responsible/ liable for these costs irrespective of the course and conclusion of this
Bidding.

4.0 BID DOCUMENTS

Details of Documents
The following Bid documents apart from Invitation to Bid detail the material and equipment
specifications/characteristics, the bidding procedures and the terms & conditions of
contract:
a. General Conditions of Contract (GCC-Part I)
b. Erection Conditions of Contract (ECC-Part I)
Seal & Signature of Bidder 16
 c. Special Conditions of Contract (SCC-Part I)
d. Technical Specifications (TSP-Part II – Electrical)
e Technical Specifications(TSP-Part III-civil)

5.0 Knowing the Bid Documents

5.1 Every intending Bidder has to examine and understand all instructions, forms, terms,
conditions and specifications in the Bid Documents and fully know himself all the
conditions and contents therein, which may in any manner, affect the scope & content
of work and the costs thereof. Submission of a Bid not substantially responsive to the
Bid Document in all respects and/or failure to furnish all information required by the Bid
Document may entail rejection of the Bid at the Bidder’s risk.
6.0 Clarifications on Bid Documents
6.1 In case an intending Bidder finds any discrepancy or omission in the documents and
specifications or is in doubt as to the true meaning of any part, he shall make a request,
in writing not later than one week before the date of submission of bid, to the owner in
triplicate. The owner will issue explanations, interpretations and clarifications as deemed
fit in writing as a response to this request. On receipt of such
interpretations/clarifications, the Bidder may submit his Bid within the date and time
stipulated in the Bid invitation, All such explanations, interpretations and clarifications
from the Owner shall be deemed as part of Bid Documents and shall invariably
accompany the Bidder’s proposal.

6.2 Any verbal/telephonic clarifications and information given by the Owner or his employee
(s) or his representative(s) will not in anyway be binding on the Owner.

7.0 Amendment of bidding document:

At any time prior to the deadline for submission of Bids the Owner may, for any reason,
whether at his own initiative or in response to a clarification requested by the intending
Bidder, modify the Bidding Document with amendment(s).

7.2 The amendment will be notified in writing or Fax /web site to all intending Bidders who
have received the Bidding Document at the address contained in the letter of request for
issue of Bidding document from the Bidders. Owner will bear no responsibility or liability
arising out of non-receipt of the same in time or otherwise.

7.3 In order to afford prospective bidders reasonable time in which to take the amendment
into account in preparing their bids, the Owner may, at his discretion, extend the deadline
for the submission of bids.

7.4 Such amendments, clarifications etc. shall be binding on bidders and will be given due
consideration by the Bidders while they submit their bids and shall invariably enclose
such documents as a part of the bid.

8.0 PREPARATION OF BIDS

Language Of Bid:

8.1 The Bid prepared by the Bidder and all correspondence and documents relating to the
Bid, exchanged by the Bidder and the Owner, shall be written in the English language,
provided that any printed literature furnished by the Bidder may be written in another
language so long as accompanied by an English translation of its pertinent passages.
Failure to comply with this may disqualify a bid. For purposes of interpretation of the bid,
the English translation shall govern.

Seal & Signature of Bidder 17

8.2 Bid Format

Bidders have to make the Bid in the formats furnished with this Document. verbatim
without adding any printed/typewritten text of their own.

9.0 Local Conditions:

9.1 It will be imperative on each Bidder to fully inform himself of all local conditions and
factors which may have any effect on the execution of the Contract covered under these
documents and specifications. The Owner shall not entertain any request for
clarifications from the bidders, regarding such local conditions.
9.2 It must be understood and agreed that such factors have properly been investigated and
considered while submitting the proposals. No claim for financial adjustment to the
Contract awarded under these specifications and documents will be entertained by the
owner. Neither any change in the time schedule of the Contract nor any financial
adjustments arising thereof shall be permitted by the Owner, which are based on the
lack of such clear information or its effect on the cost of the works to the Bidder.
10.0 Documents comprising the Bid:

10.1 The Bidder shall complete the Bid form inclusive of Price Schedules, Technical Data
Requirements etc. furnished in the Bidding Documents, indicating, for the goods to be
supplied and services to be rendered, a brief description of goods and services, quantity
and price.

10.2 The Bidder shall also submit documentary evidence to establish that the Bidder meets
the Qualification Requirements as detailed in Special Conditions of Contract and GCC.

10.3 All Tender Documents/ formats are to be returned completed in all respects and
signed by the Company Authorized Signatory wherever specified.

All Bid documents duly signed & sealed shall be submitted with technical bid.

10.4 The Bid Guarantee shall be furnished in a separate cover in accordance with clause at
GCC.

11.0 Bid Price:

11.1 The Bidder shall indicate, in the price schedules, enclosed in bid proposal sheet the
F.O.R. Destination prices for Goods, the price for erection, testing and commissioning,
price for associated civil, structural works and other services it proposes to furnish under
the contract, EXCLUDING GST and Cess along with the total bid price.

GST shall be applicable at the rate of 9% CGST plus 9% SGST or 18% IGST,
or as applicable to composite supplies in the nature of Works Contract
applicable from time to time will be paid within the original contractual
delivery period. However, the Classification Codes (i.e. HSN or SAC) for
each item of different segments or portions of the Works Contract, shall be
specified separately, for information and technical identification purpose
only.

11.2 Detailed break up, covering all the price components of unit prices as well as total bid
price, as stipulated in the appropriate price schedules of bid proposal sheet shall be

Seal & Signature of Bidder 18

 provided by the bidder. This break up shall be entered separately in the following
manner:-

A) For all goods offered:

i. PRICES:

Prices quoted should be FIRM and on F.O.R. Destination basis (i.e. any of the stores of
COMPANY in Gujarat). However, the Tenderer should indicate in Price Bid, the break-
up of Total Unit F.O.R. Destination Price stating the Unit Ex-works price, freight, packing
& forwarding charges, Insurance Charges, separately in price bid, which is a must. The
rate of GST shall be 9% CGST plus 9% SGST or 18% IGST or as applicable to
composite supply in the nature of Works Contract, applicable from time to time.

ii. This tender is to be treated as a contract for composite supply under the category of
Works Contract, which is, as per the provisions of Section 2(30), read with, Section
2(119), further read with, Paragraph 6(a) of the Schedule II, to the CGST Act, 2017 and
similar provisions, applicable under UTGST Act, 2017 and the IGST Act, 2017. However,
the classification Codes (HSN/SAC) for each item under different segments or portions
of the Works Contract, shall be specified separately for the knowledge and transparency
purpose which shall have no bearing on price or taxation payment.

iii. The offered prices to be indicated in online mode of tender in the format given (i.e.
Schedule-______). The price bid submitted in physical mode shall not be considered.

iv. The Tenderer should invariably indicate the total unit end cost price considering all
their costs / calculations in the Price bid itself for each item and all sub-items if any. This
is a must. Cost components hidden / furnished elsewhere will not be considered and will
be ignored out rightly.

v. Every bidder shall inform their GSTIN No. of the registered place(s) wherefrom the
bidder intends to supply the goods / services, meaning thereby the bidder has to supply
the goods / services from the relevant declared / registered place of supply only.

11.3 The bidder’s separation of price components in accordance with above clause No: 11.2
will be solely for the purpose of the facilitating the comparison of Bids by the owner, for
contract price amendment due to quantity variation and for on account payments (in
case of award) and shall not in any way limit the Owner’s rights.
11.4 The Price quoted by the bidder shall remain firm during the contract period
and shall not be subject to variation on any account or for change in
quantity.
11.5 The Bidder shall specifically note that the Tenders are invited on item rate base.

12.0 Bid Security/EMD:

12.1 The bidder shall furnish, as a part of its bid EMD, bid security for an amount of 15.0 Lacs
to be paid as under:

a) 50% OR 100% In the form of crossed DD drawn in favor of Gujarat Energy Transmission
Corporation Limited payable at Vadodara.
b) Remaining 50% amount in form of BG from approved banks of GETCO having validity
of Six months from the date of bid opening of Technical Bid.

Seal & Signature of Bidder 19

 c) Payment by Cheque / Coop Bank Guarantee/ Company Guarantee is not
permissible.
d) Validity Period: - The offer should be valid for a minimum period of 180 days
from the date of opening of Technical bid.

12.2 The bid security is required to protect the owner against the risk of Bidder’s conduct,
which would warrant the guarantee forfeiture, pursuant to relevant paras elsewhere The
bid guarantee shall be made payable to the Owner without any condition whatsoever.

12.3 Any bid not secured in accordance with above will be rejected by the Owner as non-
responsive. No exemptions are made in the furnishing of the security.

12.4 Unsuccessful Bidder’s bid security/EMD will be returned/refunded on finalization of

tender or three months from the date of submission of tender whichever is later.

12.5 The successful bidders, Bid Security will be discharged upon, furnishing the contract
performance guarantee

12.6 The bid guarantee may be forfeited.

a) If a Bidder withdraws its bid during the period of bid validity specified by the
bidder on the bid Form:
b) If a bidder refuses to accept the contract or fails to commence the works (
including supplies within thirty days of letter of award of contract )

13.0 Format of Bid:

13.1 The Bidder shall prepare two copies of the bid, clearly marking each “Original bid” and
“Copy of Bid”, as appropriate. In the event of any discrepancy between them the original
shall govern. All the documents furnished in original document shall be furnished in other
copies of Bids.

13.2 The original and all copies of the bid shall be typed or written in indelible ink and shall
be signed by the Bidder or a person or persons duly authorized by the Bidder to sign the
Contract. The letter of authorization shall be indicated by written power-of-attorney
accompanying the bid. All pages of the bid, except for un-amended printed literature,
shall be initiated by the person or persons signing the bid.

13.3 The Bidders must submit the qualifying data in one original and one duplicate copy as
required in this Instructions to Bidders in separate envelopes sealed and enclosed in the
envelope submitting proposals, super scribed as under :

QUALIFYING DATA FOR THE SUPPLY ,ERECTION AND CIVIL OF

CE(P&C)/Contract/400KV Dholera GIS/ E-100

The bid shall contain no interlineations, erasures or overwriting except as necessary

to correct errors made by the Bidder, in which case such corrections shall be initiated
by the person or persons signing the bid.

13.4 Bids shall be submitted as under:

Cover-I Earnest Money Deposit (Bid-Security), as per relevant clause of SCC
duly signed and Contractor’s covering letter. Tender fee details (as per
tender notice)

Seal & Signature of Bidder 20

 Cover-II Qualifying Requirements. (Electrical & Civil)

Cover-III Technical Bid (Electrical )

Cover-IV Technical Bid (Civil )

Note: The Prices are to be filled online only. Price Bids are not to be
submitted with physical documents.
All Bid documents duly signed & sealed shall be submitted with technical bid.

Must contain conditions and schedules of Part- III without prices and Technical Data
Requirement Sheets (Cover I, II, III will be collectively called Technical Bid).
All Bid documents duly signed & sealed shall be submitted with technical bid.

14.0 Signature Of Bids:

14.1 The bid must contain the name, residence and place of business of the person or
persons making the bid and must be signed and sealed by the Bidder with his usual
signature. The names of all persons signing should also be typed or printed below the
signature.

14.2 Bid by a partnership must be furnished with full names of all partners and be signed with
the partnership name, followed by the signature(s) and designation(s) or the authorized
partner(s) or other authorized representative(s).

14.3 Bids by Corporation/Company must be signed with the legal name of the
Corporation/Company by the President/Managing Director or by the Secretary or other
person or persons authorized to bid on behalf of such Corporation/Company in the
matter.

14.4 A bid by a person who affixes to his signature the word ‘President’, ‘Managing Director’,
‘Secretary’, ‘Agent’ or other designation without disclosing his Principal will be rejected.

14.5 If it is found that two or more persons who are connected with one another either
financially or as a principal and agent have bid under different names without disclosing
their connection then such bids will be liable for rejection. Satisfactory evidence of
authority of the person signing on behalf of the Bidder shall be furnished with the bid.
14.6 The Bidder’s name stated on the proposal shall be the exact legal name of the firm.

14.7 Bids not conforming to the above requirements of signing may be disqualified and EMD
forfeited.
15.0 Sealing and marking of bids:

15.1 Cover-I 1. Bid No.

2. Due date for opening

3. Reference of tender fee & earnest money deposit

Cover-II 1. Bid No.

2. Due date for opening.

Seal & Signature of Bidder 21
 3. Qualifying Requirements (Electrical & civil).

Cover-III 1. Bid No.

2. Due date for opening

3. Technical bid (Electrical)& (CIVIL) reference and required certificates

Cover-I, Cover-II ,Cover-III shall be individually sealed and super scribed as indicated
above and should be enclosed in the main cover duly sealed and super scribed as
Tender for …………………………………… against Bid No…………… due
on…………… containing Cover-I, Cover-II, Cover-III of this tender.

The original Bid and accompanying documents clearly marked “Original” plus one copy
for Cover I, II, III shall be submitted by the Bidder at the date, time and place specified.
In the event of any discrepancy between the original and the copies, the original shall
govern.

The Bid shall be submitted by RPAD or through speed post services at the Office
of the CE (P & C) GETCO, Bids submitted should be posted with due allowance for any
postal delay. The Bids received after the Due Date and Time of opening are liable to be
rejected. Telegraphic/Telex/Fax/e-mail Bids shall not be entertained.

15.2 The Bidders shall seal the original and each copy of the bid in an inner and an outer
envelope, duly marking the envelopes as “original” and “copy”.

15.3 a. Addressed to the Owner at the following address:

The Chief Engineer (P & C ) - GETCO

8th Floor, Sardar Patel Vidyut Bhavan, Race Course,
Baroda. 390007

b. Bear the name of package bid enquiry number, name of the work and the words. “DO
NOT OPEN BEFORE……………………

15.4 The inner envelope shall indicate the name and address of the Bidder to enable the
bid to be returned unopened in case it is declared “late” or “rejected”.

15.5 If the outer envelope is not sealed and marked as required by Clause No: 15.1 the Owner
will assume no responsibility for the bid’s misplacement or premature opening.

15.6 The Bid Security conditions must be submitted in a separate sealed envelope.

16.0 Deadline for submission of bids :

16.1 Bids submitted by telex/telegram will not be accepted. No request from any Bidder to the
Owner to collect the proposals from airlines, cargo agent etc. shall be entertained by the
Owner.

16.2 Bids must be received by the Owner at the address specified under Clause No: 15.3,
not later than the time & date mentioned in the Invitation to Bid.

Seal & Signature of Bidder 22

16.3 The Owner may, at its discretion, extend this deadline for the submission of bids by
amending the Bidding Document in which case all rights and obligations on the Owner
and Bidders previously subject to the deadline will thereafter be subject to the deadline
as extended.

17.0 Late Bids

17.1 Any bid received by the Owner after the time and date fixed or extended for submission
of bids prescribed by the Owner, will be rejected and not considered for evaluation.

18.0 Modification and withdrawal of bids :

18.1 The Bidder may modify or withdraw its bid after the bid’s submission provided that written
notice of the modification or withdrawal is received by the Owner prior to the deadline
prescribed for submission of bids.

18.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and
dispatched in accordance with the provisions of clause No: 15.0. The envelope should
clearly indicate whether the modification is for the Technical bid or the Price bid. No bid
modifications notice by Telex/Grams/Fax shall be entertained by the Owner.

18.3 No bid shall be modified in any manner, whatsoever subsequent to the deadline for
submission of bids.

18.4 No bid may be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the Bid Form.
Withdrawal/modification of a bid during this interval may result in the Bidder’s forfeiture
of its bid security.

19.0 Information required with the proposal:

19.1 The bids must clearly indicate the name of the manufacturer, the type and/or model of
each principal item of equipment proposed to be furnished and erected. The bid should
also contain drawings and descriptive materials indicating general dimensions, materials
from which the parts are manufactured, principles of operation, the extent of pre-
assembly involved, major construction equipment proposed to be deployed, method of
erection and the proposed erection organizational structure.

19.2 The above information shall be provided by the Bidder in the form of separate sheets,
drawings, enclosed etc. in two copies along with soft copy.

19.3 Any bid not containing sufficient descriptive material to describe accurately the
equipment proposed may be treated as incomplete and hence rejected. Such descriptive
materials and drawings submitted by the Bidder will be retained by the Owner. Any major
departure from these drawings and descriptive material submitted will not be permitted
during the execution of the Contract without specific written permission of the Owner.

19.4 Oral statements made by the Bidder at any time regarding quality, quantity or
arrangement of the equipment or any other matter will not be considered.

19.5 Standard catalogue pages and other documents of the Bidder may be used in the bid to
provide additional information and data as deemed necessary by the Bidder.

Seal & Signature of Bidder 23

19.6 The Bidder, along with his Proposal, shall submit a list of recommended erection
equipment and materials which will be required for the purpose of erection of equipment
and materials supplied under the Contract.

19.7 In case the ‘Proposal’ information contradicts specification requirements, the

specification requirements will govern, unless otherwise brought out clearly in the
technical commercial deviation schedule.

BID OPENING AND EVALUATION

20.0 Opening of bids by owner:

20.1 The Owner will open the bids in the presence of Bidder’s representatives who
choose to attend on the date and time mentioned for opening of bids in the Invitation
to Bid or in case any extension has been given thereto, on the extended bid opening
date and time notified to all the Bidders who have purchased the bidding document. The
Bidder’s representatives who are present shall sign a register evidencing their
attendance.

20.2 The Bidder’s names, Technical modifications, Bid withdrawal and such other details as
the Owner, at his discretion may consider appropriate, will be announced in the
Technical Bid Opening.

20.3 The price bids of all the “Techno-Commercial” Responsive Bidders shall be opened in
the presence of representatives (up to two per firm) of such bidders who choose to be
present. The date & time of opening the Price Bid shall be intimated to all such qualified
bidders by Fax/Telex, at least one week in advance besides inviting final price bid if
found appropriate after evaluation of Technical bids.

20.4 The Bidder’s name, Bid Price, all discounts if any, modifications in the Price Bid and any
such other details as the Owner, at his discretion, may consider appropriate, will be
announced/ furnished in the Price Bid Opening.

20.5 No electronic recording/transmitting devices will be permitted during Bid opening.

21.0 Purpose of evaluation of bids:

21.1 The Bids received/accepted/opened will be evaluated by the Owner to ascertain the
technical responsiveness of the bid for the complete scope of the proposal, as covered
under these specifications and documents. All technically responsive bids shall then be
examined to determine the lowest evaluated commercially and technically responsive
bids.

22.0 Policy for bids under consideration:

22.1 Bids shall be deemed to be under consideration immediately after opening of Technical
Bid and until such time official intimation of award/rejection is made by the Owner to the
Bidders. While the Bids are under consideration, Bidders and/or their representatives
and other interested parties are advised to refrain from contacting by any means, the
owner and/or his employee’s representatives on the matters related to Bids under
consideration.

Seal & Signature of Bidder 24

22.2 Clarification of bids:

To assist in the examination evaluation and comparison of Bids the owner may on his
own ask the Bidder for a clarification of its bid. The request for clarification and the
response shall be in writing and no change in the price or substance of the bid shall be
sought, offered or permitted.

23.0 Preliminary Examination:

23.1 The Owner will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the bids are generally
in order.

23.2 Arithmetical errors will be rectified on the following basis:

If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected. If there is a discrepancy between the total bid amount and the sum of total
costs, the latter shall prevail and the total bid amount will be corrected accordingly. If
there is a discrepancy between words and figures, the amount advantageous to the
Owner will prevail. If the Bidder does not accept the correction of the errors as above,
his Bid will be rejected and the amount of Bid Security will be forfeited. The Bidder should
ensure that the prices furnished in various price schedules are consistent with each
other. In the case of any inconsistency in the prices furnished in the specified prices
schedules to be identified in Bid Form for this purpose, the Owner shall be entitled to
consider the highest price for the purpose of evaluation and for the purpose of award of
Contract use the lowest of the prices in these schedules.

23.3 Prior to the detailed evaluation, the Owner will determine the substantial responsiveness
of each bid to the Bidding Document. For purpose of these Clauses, a substantially
responsive bid is one which conforms to all the terms and conditions of the Bidding
Document without material deviations. A material deviation is one which affects in any
way the prices, quality, quantity or delivery period of the equipment, completion of works
or which limits in any way the responsibilities or liabilities of the Bidder of any right of the
Owner as required in these specifications and documents. The Owner’s determination
of a bid’s responsiveness shall be based on the contents of the bid itself without recourse
to extrinsic evidence.

23.4 A bid determined as not substantially responsive will be rejected by the Owner and may
not subsequently be made responsive by the Bidder by correction of non-conformity.

23.5 The Owner may waive any minor informality or non-conformity or irregularity in a bid
which does not constitute a material deviation, provided such waiver does not prejudice
or affect the relative ranking of any Bidder.

24.0 Award Criteria

24.1 The owner will award the contract to the successful Bidder, whose bid has been
determined to be substantially responsive and has been determined as the lowest
evaluated bid, providing further that the Bidder is determined to be qualified to perform
the contract satisfactorily. The Owner shall be the sole judge in this regard.

Seal & Signature of Bidder 25

24.2 In case of award of Contract on a bidder there shall be separate contracts one for Civil
works, second for supply of goods and third for the erection & services works in
substations.

24.3 Further, the Owner reserves the right to award separate contracts to two or more parties
in line with the terms and conditions specified in the accompanying Technical
Specifications.

25.0 Owner’s right to accept any bid and to reject any or all bids:

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

26.0 Notification of award:

26.1 Prior to the expiration of the period of bid validity and extended validity period, if any, the
Owner will notify the successful Bidder in writing by registered letter or cable or telex or
FAX, to be confirmed in writing by registered letter, that its bid has been accepted.

26.2 The notification of award will constitute the formation of the Contract.

26.3 Upon the successful Bidder’s furnishing of performance guarantee pursuant to relevant
clause No: 36 & 38, the Owner will promptly notify each unsuccessful Bidder and will
discharge its bid security, pursuant to Clause No: 12.00.

27.0 Signing of contract:

27.1 At the same time as the Owner notifies the successful Bidder that his bid has been
accepted, the Owner will send the Bidder the detailed of Award, incorporating all
agreements between the parties.

27.2 Within 15 days of receipt of the detailed of Award, the successful bidder shall sign the
same with date and return it to the Owner.

27.3 The Bidder will prepare the Contract Agreement as per the proforma prescribed and the
same will be signed within 30 (Thirty) days of notification of Award.

28.0 DEFINITION OF TERMS

28.1 The ‘Contract’ means the agreement entered into between the Owner and the Contractor
as per the Contract Agreement signed by the parties, including all attachments and
appendices thereto and all documents incorporated by reference therein.

28.2 ‘Owner’ shall mean the Gujarat Energy Transmission Corporation Ltd Vadodara or any
of its group companies i.e. GUVNL, GSECL, MGVCL, DGVCL, PGVCL, UGVCL and
shall include its legal representatives, successors and assigns.

28.3 ‘Contractor’ or ‘Manufacturer’ shall mean the Bidder whose bid is accepted by the Owner
for the award of the Works and shall include such successful Bidder’s legal
representatives, successors and permitted assigns.

Seal & Signature of Bidder 26

28.4 ‘Sub-Contractor’ shall mean the person named in the Contract for any part of the Works
or any person to whom any part of the Contract has been sublet by the Contractor with
the consent in writing of the Engineer and will include the legal representatives,
successors and permitted assigns of such person.
28.5 ‘Engineer’ shall mean the officer appointed in writing by the Owner to act as Engineer
from time to time for the purpose of the Contract.

28.6 The terms ‘Equipment’, ‘Stores’ and ‘Materials’ shall mean and include equipment,
stores and materials to be provided by the Contractor under the Contract.

28.7 ‘Works’ shall mean and include the furnishing of equipment, labour and services, as per
the Specifications and complete erection, testing and putting into satisfactory operation
including all transportation, handling, unloading and storage at the Site as defined in the
Contract.

28.8 ‘Specifications’ shall mean the Specifications and Bidding Document forming a part of
the Contract and such other schedules and drawings as may be mutually agreed upon.
28.9 Site’ shall mean and include the land and other places on, into or through which the
works and the related facilities are to be erected or installed and any adjacent land,
paths, street or reservoir which may be allocated or used by the Owner or Contractor in
the performance of the Contract.
28.10 The term ‘Contract Price’ shall mean the Firm price quoted by the Contractor in his bid
with additions and/or deletions as may be agreed and incorporated in the Letter of Award
and the contract agreement for the entire scope of the works.
28.11 The term ‘Equipment Portion’ of the Contract price shall mean the ex-works value of the
equipment/Materials supplied include structures, town materials insulators, conducting
etc.
28.12 The term ‘Erection Portion’ of the Contract price shall mean the value of field activities of
the works including erection, testing and putting into satisfactory operation including
successful completion of performance and guarantee tests to be performed at Site by
the Contractor including cost of insurances.
28.13 ‘Manufacturer’s Works’ or ‘Contractor’s Works’, shall mean the place of work used by
the manufacturer, the Contractor, their collaborators/associates or Sub-Contractors for
the performance of the Contract.
28.16 Site Engineer ‘Inspector’ shall mean the Owner owner’s Engineers or any person
nominated by the time to inspect the equipment; stores or Works under the Contract
and/or the duly authorized representative of the Owner.
28.17 ‘Notice of Award of Contract’/’Letter of Award’/’Telex of Award’ shall mean the official
notice issued by the Owner notifying the Contractor that his bid has been accepted.
28.18 ‘Order’ shall mean the official letter issued by the Owner informing the acceptance of the
bid.
28.19 ‘Date of Contract’ shall mean the date on which Notice of Award of Contract/Letter of
Award has been issued.
28.20 ‘Month’ shall mean the calendar month. ‘Day’ or ‘Days’ unless herein otherwise expressly
defined shall mean calendar day or days of 24 hours each.

28.21 A ‘Week’ shall mean continuous period of seven (7) days.

28.22 Writing’ shall include any manuscript, type written or printed statement, under or over
signature and/or seal as the case may be.

28.23 When the words ‘Approved’, ‘Subject to Approval’, ‘Satisfactory’, ‘Equal to’, ‘Proper’,
‘Requested’, ‘As Directed’, ‘Where Directed’, ‘When Directed’, ‘Determined by’,

Seal & Signature of Bidder 27

 ‘Accepted’, ‘Permitted’, or words and phrases of like importance are used the approval,
judgment, direction etc. is understood to be a function of the Owner/Engineer.

28.24 Test on completion shall mean such tests as prescribed in the Contract to be performed
by the Contractor before the work is taken over by the Owner.

28.25 ‘Performance and Guarantee Tests’, shall mean all operational checks and tests required
to determine and demonstrate capacity, efficiency, and operating characteristics as
specified in the Contract Documents.

28.26 The term ‘Final Acceptance’/‘Taking Over’ shall mean the Owner’s written acceptance
of the Works performed under the Contract, after successful commissioning/completion
of Performance and Guarantee Tests, as specified in the accompanying Technical
Specifications or otherwise agreed in the Contract.

28.27 ‘Guarantee Period’/’Maintenance Period’ shall mean the period during which the
Contractor shall remain liable for repair or replacement of any defective part of the works
performed under the Contract.

28.28 ‘Latent Defects’ shall mean such defects caused by faulty designs, material or work-man-
ship which cannot be detected during inspection, testing etc, based on the technology
available for carrying out such tests.

28.29 ‘Drawing’, ‘Plans, shall mean all:

a) Drawings furnished by the Owner/Consultant as a basis of Bid/Proposals.

b) Supplementary drawings furnished by the Owner/Consultant to clarify and to define

in greater detail the intent of the Contract.

c) Drawings submitted by the Contractor with his bid provided such drawings are
acceptable to the Owner/Consultant.

d) Drawings furnished by the Owner/Consultant to the Contractor during the progress

of the work; and

e) Engineering data and drawings submitted by the Contractor during the progress of
the work provided such drawings are acceptable to the Engineer/Owner.

28.30 ‘Codes’ shall mean the following including the latest amendments and/or replacements,
if any :

a) Indian Electricity Act, 1905 and Rules and Regulations made there under.

b) Electricity Act 2003 and Rules & Regulations made there under.

c) Indian Factory Act, 1948 and Rules and Regulations made there under.

d) Indian Explosives Act, 1884 and Rules and Regulations made there under.

e) Indian Petroleum Act, 1934 and Rules and Regulations made there under.

f) A.S.M.E. Test Codes.

Seal & Signature of Bidder 28

 g) A.I.E.E. Test Codes.

h) American Society of Materials Testing Codes.

i) Standards of the Indian Standards Institution.

j) Other Internationally approved standards and/or rules and regulations touching the
subject matter of the Contract.

28.31 Words imparting the singular only shall also include the plural and vice –versa where the
context so requires.
28.32 Words imparting ‘Person’ shall include firms, companies, corporations and associations
or bodies of individuals, whether incorporated or not.

28.33 Terms and expressions not herein defined shall have the same meaning as are assigned
to them in the Indian Sale of Goods Act (1930), failing that in the Indian Contract Act
(1872) and failing that in the General Clauses Act (1897) including amendments thereof,
if any.
Or
In addition to the above the following definitions shall also apply.

a) ‘All equipment and materials’ to be supplied shall also mean ‘Goods’.

b) ‘Constructed’ shall also mean ‘erected and installed’.

c) ‘Contract Performance Guarantee’ shall also mean ‘Contract Performance

Security’.
28.34 GST/Cess means all applicable Tax/Cess under GST Laws. GST Laws means
IGST Act, GST(Compensation to the State for Loss of Revenue) Act, CGST Act,
UTGST Act and SGSCT Act, 2017and all related ancilliary legislations.

28.35 Works contract means a Contract for composite supply and covered under the
definition of Works Contract as defined under Section 2(119) of the CGST Act,
2017 or SGST Act, 2017 and similar provisions, applicable under the UTGST Act,
2017and the IGST Act, 2017.
29.0 APPLICATION
These General Conditions shall apply to the extent that they are not superceded by
provisions in other parts of the Contract.

30.0 STANDARDS

The goods supplied under this Contract shall conform to the standards mentioned in the
Technical Specifications, and, when no applicable standard is mentioned, to the
authoritative standard appropriate to the goods and such standards shall be the latest
issued by the concerned institution.
31.0 LANGUAGE AND MEASURES
All documents pertaining to the Contract including specifications, schedules, notices,
correspondences, operating and maintenance instructions, drawings or any other writing
shall be written in English language. The Metric System of measurement shall be used
exclusively in the Contract.

Seal & Signature of Bidder 29

32.0 Price Basis:

32.1 The Price shall be quoted on firm basis except for supply of substation structure
materials (including nut-bolts) for which Price variation will be applicable.

32.2 The Price quoted by the bidder shall remain fixed for all the items except substation
structure materials (including nut bolts); during the bidder's performance of the contract
and shall not be subject to variation on any account save for change in quantity. A bid
submitted with an adjustable price quotation shall be treated as non-responsive and
rejected.

For substation structure material:

The latest revised PV formula is as under:

P0 SBLR SBIR Zn W
P= ( 9+ 35 + 27 + 13 + 16 )
100 SBLRo SBIRo Zno W0

Wherein,
P = Price payable as adjusted in accordance with the above
formula.
P0 = Price quoted/confirmed.
SBLR0 = Price of Steel Blooms- Retail (refer notes)
This price is as applicable for the month, ONE month prior to the
date of tendering.
SBIR0 = Price of Steel Billets- Retail (refer notes)
This price is as applicable for the month, ONE month prior to the
date of tendering.
Zn0 = Price of Electrolytic high grade zinc (refer notes)
This price is as applicable for the month, ONE month prior to the
date of tendering.
Wo = All India average consumer price index number for industrial
workers, as published by the Labour Bureau, Ministry of Labour,
Govt. of India (Base: 2016 = 100) (Refer notes)
This index number is as applicable for the month, THREE months
prior to the date of tendering.

For example, if date of tendering falls in November 2023, the applicable prices of
Steel
Bloom-Retail (SBLR0), Steel Billets-Retail (SBIR0) and Zinc (Zn0) should be for the
month

Seal & Signature of Bidder 30

October 2023 and all India average consumer price index number (W0) should be
for the
month of August 2023

The above prices and indices are as published by IEEMA vide circular reference
number
IEEMA (PVC)/TLT- 2022/_/_ ONE month prior to the date of tendering

SBLR = Price of Steel Bloom-Retail (refer notes)

This price is as applicable for the month, TWO months prior to the
date of delivery.
SBIR = Price of Steel Billets-Retail (refer notes)
This price is as applicable for the month, TWO months prior to the
date of delivery.
Zn = Price of Electrolytic high grade zinc (refer notes)
This price is as applicable for the month, TWO months prior to the
date of delivery.
W= All India average consumer price index number for industrial
workers, as published by the Labour Bureau, Ministry of Labour,
Govt. of India (Base: 2016 = 100) (refer notes)
This index number is as applicable for the month, FOUR months
prior to the date of delivery.

21.1 The price variation amount in the ex-works price of fabricated structure members
(including bolts & nuts) calculated by the above formula shall not be subject to any ceiling,
whatsoever.
21.2 The price variation formula will be applicable from the date of inspection / waival of
inspection for the material offered.
21.3 The price variation will be applicable during contractual delivery period only. However,
any decrease in the price variation during delayed period shall be applicable.
21.4 Price variation shall not be allowed beyond the original delivery date unless specifically
stated in the time extension letter. As a rule, no price adjustment shall be allowed for the
period of delay for which the supplier is responsible; however purchaser will be entitled
for any decrease in the prices during this delayed period.
21.5 In case of non-publication of applicable indices on a particular month, which happens to
be the applicable month for price variation purpose, the published indices prevailing
immediately prior to the particular month shall be applicable.
21.6 If the price adjustment amount works out to be positive, the same is payable to the
contractor by the owner and if it works out to be negative, the same is to be recovered
by the owner from the contractor.
21.7 No price variation will be allowed on the freight and insurance component of FOR
destination prices.

Seal & Signature of Bidder 31

 21.8 The supplier has to submit PV bills (Negative / Positive) along with supporting documents
/ IEEMA circulars necessary for calculation of PV bills along with bills for payment against
SR Notes. To claim the price variation successful bidder has to submit the supporting
documents duly notary certified copy of IEEMA circulars, PV calculation sheet etc. along
with their invoices.
21.9 The base date for the above Price Variation formula will be first day of the month prior to
opening month of the Tender.
21.10 In the above price variation formula, subscript “0” refers to indices as on 30 days prior to
the date of Bid opening (referred to base date indices). Subscript “1” refers to the indices
as on 60 days prior to date of inspection / waival of inspection of the material offered.’
33.0 Taxes and Duties:

Goods and Service Tax (GST):

33. 1 33.1 The F.O.R. Destination prices are excluding GST and Cess as applicable
which will be paid extra on a given taxable goods and/or services within the
original contractual delivery period. The amount and % of GST and Cess as
applicable should clearly be indicated separately. (GST/Cess means all
applicable Tax/Cess under GST Laws. GST Laws means IGST Act,
GST(Compensation to the State for Loss of Revenue) Act, CGST Act, UTGST
Act and SGSCT Act, 2017 and all related ancilliary legislations).

33. 2 You shall have to submit a C.A Certificate & duly authorized Signatory of
successful bidder, certifying that you have not claimed Refund of any applicable
GST and Cess, charged to COMPANY or shall not claim any such Refund, on a
future date, from the concerned Authorities and if, any Refund, in respect of such
GST and Cess, is claimed by you, it will be immediately passed on to the
COMPANY, without COMPANY making any specific Claim, for the same, either
from the Department or from you.

33. 3 The offers having price INCLUSIVE OF GST and Cess is likely to be rejected if
the rate of GST and Cess is not mentioned clearly unless the bidder has opted
for Compostion Scheme under GST Act, which should be clearly indicated in the
price bid. COMPANY may at its discretion consider such offer with presumption
of highest applicable rate of GST and Cess prevailing when the price quoted is
inclusive of GST and Cess.

33. 4 If the Supplier/Contractor has opted for the Composition scheme of GST, the
same must be clearly specified with valid Declaration & Certificate from
Department. In the event of withdrawal/cessation of the Supplier from
Composition scheme during the tenure of the contract, the rate mentioned in the
price bid shall be final and any additional GST will have to be borne by the
tenderer. In no case additional amount towards tax or otherwise will be paid /
reimbursed to supplier/contractor. Further Statutory Variation clause will not be
applicable in case of Supplier / Contractor has opted for Composition Scheme
under GST.

Seal & Signature of Bidder 32

 33. 5 Supplier/Contractor should charge GST in Invoice at the rate as agreed to /
mentioned in acceptance of tender only and any deviation in the same shall not
be accepted. Further, any additional liability of GST (later on due to wrong
mentioning of GST rate, mis-interpretation of HSN/SAC Code, etc.) over and
above as charged in the invoice shall be borne by the Supplier/Contractor.
However, any refund received by the supplier / contractor on account of GST
charged from the company; such refund shall have to be passed on to the
company, along with interest if any. Such refund along with interest needs to be
passed on suo-moto by the supplier / contractor.

33. 6 Further, the Company has a right to recover the amount of GST along with penal
interest at the rate of 15% per annum if GST charged is not paid / short paid to
the government or fail to upload the details or uploads inaccurate particulars on
GSTIN portal by the Supplier / Contractor within the stipulated time limit.

33. 7 In case, Govt. revises the rate of GST rate / Code during the tenure of the
contract, the provision of GETCO’s statutory variation clause shall apply.

33. 8 INPUT TAX CREDIT BENEFIT

In the event of any statutory increase in the rate of Input Tax Credit and / or due
to inclusion of any other additional item of their inputs / input services under the
ambit of the Input Tax Credit provisions under the GST Act, subsequent to the
date of submission of the offer, the same should be passed on to COMPANY and
you should inform such changes to COMPANY from time to time.

33. 9 GST, other taxes and other levies and duties including custom duty solely in
respect of the transaction between the owner and the contractor under this
contract, if any, shall be included in the bid price. These shall also be indicated
separately wherever applicable as mentioned in the Tender .

33. 10 As regards the income Tax, surcharge on income tax and any other corporate
tax, including GST if any the owner shall not bear any tax liability whatsoever.
The bidder shall be liable and responsible for payment of such taxes as attracted
under the provisions of the law.

33. 11 Notwithstanding the tax liabilities as per the sub-clause 35.10 above the owner
shall have the right to make deduction at source from the amounts payable to the
contractor in respect of Income Tax (on the cost of items of supply included in
the works contract) as may be mandatory in terms of the law. The owner shall
not bear any liability in this regard but shall issue necessary certificate in respect
of such deduction made.

33. 12 Whenever concessional rate of GST is indicated by the bidders, it shall be

confirmed whether any increase in the rates that becomes applicable during the
performance of the contract would be absorbed by the supplier. Bidder shall note
that in case of absence of such confirmation; the tenders will be evaluated taking
into account the maximum rate of GST applicable.

Seal & Signature of Bidder 33

33. 13 In case any tax or duty is newly introduced by the Government applicable for this
contract with effect from the next day of the date submission of the bid and if the
contractor is required to pay additional tax or duty, then the owner shall reimburse
the contractor the additional tax or duty so paid by the contractor against
submission by the contractor of documentary evidence to the satisfaction of the
owner. This provision will not be applicable to transaction between the contractor
and his sub-suppliers, sub-contractors for raw materials etc and will be applicable
only to the direct transactions between the contractors and owner. Besides the
said statutory variation, no other statutory variation shall be payable by the
owner.

33. 14 The owner’s liability for all taxes and duties including GST under the contract
shall be limited to those indicated by the Bidder in the Bid Proposal Sheets,
subject to the statutory variations and variations as per Clause No. 35.4.

33. 15 If the cost to the Contractor during the performance of the ‘Contract’ shall be
increased or reduced by reasons of the making, passing or promulgation of any
law after the date of submission of bid or by any order, regulation or bye-law
having the force of law the amount of such increase or reduction shall be added
to or deducted from the “Contract Price” as the case may be for direct
transactions between contactor & owner. It is the Bidders responsibility to furnish
details of taxes, duties, levies etc. applicable as on the date of submission of the
bid.

33. 16 No claim for any increase towards the statutory variation regarding enhancement
of existing tax or duty or introduction of a new tax or duty applicable shall be
entertained by the Owner during the extended period of contract, if any, provided
the extension of the contract is required by causes attributable to the contractor.
However, the decrease in any taxes/duties shall be passed on to GETCO.

33. 17 The provision of statutory variation regarding enhancement of existing tax or duty
or introduction of a new tax or duty will be applicable only to the direct transaction
between the contractor and the owner.

33. 18 Before quoting, the bidder may ascertain from the concerned tax authorities of
Government for the applicability of Entry Tax, GST etc. in respect of this work
and include the same in the quoted price. No separate claim in this regard will be
entertained by the Owner, as it is the responsibility of the Bidder to pay all these
taxes.

34.0 TAXES, PERMITS & LICENCES

The Contractor shall be liable and pay all non-Indian taxes, duties, levies lawfully
assessed against the Owner or the Contractor in pursuance of the Contract. In addition,
the Contractor shall be responsible for payment of all Indian duties, levies and taxes
including GST lawfully assessed against the Contractor for his personal income &
property only.

Seal & Signature of Bidder 34

35.0 Price Inclusions (including Taxes & Duties) :

35.1 GOODS AND SERVICE TAX (GST): GST and Cess as applicable shall be
payable/ receivable as mentioned in clause no.33 of GCC supra
35.2 The prices quoted shall be all inclusive of freight, transportation, loading, –
unloading & stacking at site of materials supplied by Contractor as well as owner
supplied item if any
35.3 No extra payment toward any type of templates and erection tools /materials
will be made.
35.4 Statutory Variations:
Any statutory increase or decrease in the taxes and duties including GST
and Cess as applicable or in the event of introduction of new
tax/cess or cessation of existing tax/cess subsequent to suppliers offer
if it takes place within the original contractual delivery date will be to
COMPANY’s account subject to the claim being supported by documentary
evidence. However, if any decrease takes place after the contractual delivery
date, the advantage will have to be passed on to COMPANY.
35.5 Income Tax
Income-tax at source at the prevailing rate will be deducted from bills in
accordance with the provision of Income-Tax Laws and to that effect a certificate
will be issued to the contractor.

36.0 CONTRACT PERFORMANCE GUARANTEE

36.1 As a contract performance security, the successful bidder, to whom the work is awarded,
shall be required to furnish a performance guarantee as per clause No. 38 in form of
Bank guarantee from a Public Sector Indian bank/Scheduled, Commercial Bank in the
form to be furnished and it shall guarantee the faithful performance of the Contract in
accordance with the terms and conditions specified in these documents and
specifications.
36.2 The Performance Guarantee shall cover additionally the following guarantees to the
Owner:
a) The successful Bidder guarantees the successful and satisfactory operation of the
equipment furnished and erected under the Contract, as per the specifications and
documents.
b) The successful Bidder further guarantees that the equipment provided by him/his sub-
vendors and installed by him shall be free from all defects in design, material and
workmanship and shall upon written notice from the Owner fully remedy free of
expenses to the Owner such defects as developed under the normal use of the said
equipment within the period of guarantee specified in the relevant clause of the
General Terms and Conditions in the Part-I.

36.3 The Contract Performance Guarantee is intended to secure the performance of the entire
contract. However, it is not to be construed as limiting the damages under clause entitled
“Equipment Performance Guarantee” in Technical Specifications, Part-II and damages
stipulated in other clauses in the Bid documents.

36.4 The Contract performance guarantee will be discharged without any interest on
successful completion of order and only after the performance guarantee condition is
Seal & Signature of Bidder 35
 fulfilled. The Contractor shall furnish Contract Performance Guarantee(s) for the proper
fulfillment of the Contract in the prescribed form within fifteen(15) days of “Notice of
Award of Contract”. The performance guarantee(s) shall be as per terms prescribed.

GUARANTEES & LIABILITIES

37.0 GUARANTEE
37.1 The Contractor shall warrant that the whole project in accordance with the Contract
documents and free from defects in material/equipment and workmanship for a period
of twenty four (24) calendar months commencing immediately upon the satisfactory
commissioning of the Project and issuance of Taking Over Certificate (TOC). The
Contractor’s liability shall be limited to the replacement of any defective parts in the
equipment of his own manufacture or those of his Sub-Contractors under normal use
and arising solely from faulty design, materials and/or workmanship provided always that
such defective parts are repairable at the site and are not in meantime essential in the
commercial use of the equipment. Such replaced/defective parts shall be returned to the
Contractor unless otherwise arranged. No repairs or replacement shall normally be
carried out by the Engineer when the equipment is under the supervision of the
Contractor’s Supervisory Engineer.
37.2 In the event of any emergency where in the judgment of the Engineer, delay would cause
serious loss or damages, repairs or adjustment may be made by the Engineer or a third
party chosen by the Engineer without advance notice to the Contractor and the cost of
such work shall be paid by the Contractor. In the event such action is taken by the
Engineer, the Contractor will be notified promptly and he shall assist wherever possible
in making necessary corrections. This shall not relieve the Contractor of his liabilities
under the terms and conditions of the Contract.
37.3 If it becomes necessary for the Contractor to replace or renew any defective portions of
the works the provision of this clause shall apply to portion of the works so replaced or
renewed until the expiry of twelve (12) months from the date of such replacement or
renewal. If any defects are not remedied within a reasonable time, the Engineer may
proceed to do the work at the Contractor’s risk and cost but without prejudice to any
other rights which the Owner may have against the Contractor in respect of such defects.
37.4 The repaired or new parts will be furnished and erected free of cost by the Contractor. If
any repair is carried out on his behalf at the site, the Contractor shall bear the cost of
such repairs.
37.5 The cost of any special or general overhaul rendered necessary during the maintenance
period due to defects in the equipment or defective work carried out by the Contractor,
the same shall be borne by the Contractor.
37.6 The acceptance of the equipment by the Engineer shall in no way relieve the Contractor
of his obligations under this clause
37.7 In the case of those defective parts, which are not repairable at site but are essential for
the commercial operation of the equipment, the Contractor and the Engineer shall
mutually agree to a programme of replacement or renewal, which will minimize
interruption to the maximum extent in the operation of the equipment.
37.8 At the end of the guarantee period, the Contractor’s liability ceases except for latent
defects. For latent defects, the Contractor’s liability as mentioned in Clause Nos. 37.1
through 37.7 above, shall remain till the end of 5 years from the date of completion of
guarantee period.

In respect of goods supplied by Sub-Contractors to the Contractor where a longer

guarantee is provided by such Sub-Contractor, the Owner shall be entitled to the benefits
of such longer guarantee.
37.9 The provisions contained in this clause will not be applicable: a) If the Owner has not used
the equipment according to generally approved industrial practice and in accordance with
the conditions of operations specified and in accordance with operating manuals, if any.

Seal & Signature of Bidder 36

 b)In cases of normal wear and tear of the parts to be specifically mentioned by the
Contractor in the offer.

37.10 The Guarantee period for individual equipment / item indicated in the tender
specification remains unchanged and shall have to be adhering to as indicated
below.
400 KV CT & PT–You have to give assurance for trouble free and maintenance free
performance for a period of 60 Months from the date of receipt of stores. During this
period, the CTs /PTs shall be repaired/reconditioned/replaced free of cost immediately in
case of any trouble.

38.0 Performance Guarantee:-

“The successful bidder shall have to submit the performance guarantee in the form of
Bank Guarantee worth 10% of the total contract value (end cost) to cover the entire
execution. The Performance Bank Guarantee (covering the execution of the contract) will
be returned ONLY on successful commissioning & issuance of TOC including material
reconciliation & as built drawings and on receipt of the Bank Guarantee towards Warranty
worth 10% of the total contract value(end cost), which will be retained till completion of
the Guarantee period.
These Bank Guarantees shall be applicable for all the bidders irrespective whether they
are SSI/NSIC units.”
The above performance guarantee, to be submitted by successful tenderer, towards
execution period, is for the satisfactory execution of the contract.
Whereas the performance guarantee, to be submitted by successful tenderer, towards
warrantee, is for satisfactory performance of the materials which should be valid for
12/18/24/36/48/60 months from the date of commissioning OR 18/24/30/42/54/66 months
from the last date of delivery of supply whichever is earlier OR whatever applicable as
per technical specification
If the full Performance Guarantee amount / BG is not paid / submitted within 30
(Thirty) days after the receipt of the order , then the order will be outrightly
cancelled at the risk & cost of the Tenderer (at the discretion of the Corporation)
and without entering into any correspondences and this will be binding on the
Tenderer
39.0 Time Schedule:
39.1 The basic consideration and the essence of the Contract shall be strict adherence to the
time schedule for performing the specified works.
39.2 The Owner’s requirements of completion schedule for the Works are mentioned in the
accompanying Special Conditions of Contract.
39.3 The completion schedule as stated in the special conditions of contract shall be one of
the major factors in consideration of the bids.
39.4 The owner reserves the right to request for a change in the work schedule during pre-
award discussions with successful bidder.
39.5 The successful bidder will be required to prepare detailed PERT Network/ detailed M.S.
Project Bar chart and finalise the same with the owner as per the requirement of Clause
no 40.0

40.0 TIME – THE ESSENCE OF CONTRACT

40.1 The time and the date of completion of the Contract as stipulated in the Contract by the
Owner without or with modifications, if any, and so incorporated in the Letter of Award,

Seal & Signature of Bidder 37

 shall be deemed to be the essence of the Contract. The Contractor shall so organize his
resources and perform his work as to complete it not later than the date agreed to.

40.2 The Contractor shall submit a detailed PERT network/bar chart within the time frame
agreed consisting of adequate number of activities covering various key phases of the
work such as design, procurement, manufacturing, shipment and field erection activities
within fifteen (15) days of the date of Notification of Award. This network shall also
indicate the interface facilities to be provided by the Owner and the dates by which such
facilities are needed. The Contractor shall discuss the network so submitted with the
Owner and the agreed network shall form part of the Contract documents. During the
performance of the Contract, if in the opinion of the Engineer, proper progress is not
maintained, suitable changes shall be made in the Contractor’s operations to ensure
proper progress without any cost implication to the Owner. The interface facilities to be
provided by the Owner in accordance with the agreed network shall also be reviewed
while reviewing the progress of the Contractor.
40.3 Based on the above agreed network/bar chart fortnightly reports shall be submitted by
the Contractor as directed by the Engineer.
40.4 Subsequent to the finalization of the network, the Contractor shall make available to the
Engineer a detailed manufacturing programme in line with the agreed Contract network.
Such manufacturing programme shall be reviewed, updated and submitted to the
Engineer every month thereafter.
40.5 The above bar charts/manufacturing programme shall be compatible with the Owner’s
computer environment and furnished to the Owner on such media as may be desired by
the Owner.
40.6 If the progress is found low, GETCO reserves the right to get the work executed through
any other agency at the risk & cost of contractor without assigning any reason(s) and/or
notice.

41.0 PENALTY FOR DELAY:

41.1 The tenderer should note that the completion time allowed for carrying out the
work should be strictly observed. Any delay that may take place in supply,
erection and civil beyond Contractual period stated shall be subject to the
penalty at the rate of ½ % per week or part there of plus GST as applicable
on delayed portion, with a ceiling of 10 % of the total contract value plus
GST as applicable. For calculating the delayed portion date of actual
receipt of material at store shall be considered.

41.2 The penalty plus GST as applicable will be deducted from bills payable either
against this contract or from any Bank Guarantee or any other amount payable
under any other contract with the GETCO.

41.3 In event of failure of the contractor to pay the amount of penalty as demanded, the owner
shall be entitled to deduct the amount of penalty for delay from the amounts
payable to the contractors under any bills raised under this contract or any other
amount payable under any other contract with the GUVNL and its Subsidiary
companies i.e. GETCO, GUVNL, GSECL, MGVCL, DGVCL, PGVCL, UGVCL. It is
permissible for the owner to adjust the amount of penalty of delay against any Bank
Guarantee furnished by the contractor under this contract or any other contract with
GUVNL and/or its subsidiary companies.

Seal & Signature of Bidder 38

“RIGHTS OF THE OWENER:

Whenever any claim or claims for payment of a sum of money arises out of or under the
contract against the contractor, the owner shall be entitled to withhold and also have a
lien to retain such sum or sums in whole or in part from the security, if any, deposited by
the contractor and for the purpose aforesaid, the Owner shall be entitled to encash and
withhold the amount of performance Bank Guarantee or other security, if any, furnished
as the case may be. The Owner shall also have a lien over the same pending finalization
or adjudication of any such claim. In the event of the security is insufficient to cover the
claimed amount or amounts, the Owner shall be entitled to withhold and have lien to
retain to the extent of the such claimed amount or amounts referred to above, from any
sum or sums found payable or which at any time-thereafter may become payable to the
contractor under the same contract or any other contract with the owner or GUVNL or
its Subsidiary companies pending finalization or adjudication of any such claim.

Lien in respect of claims in other contracts:

a) Any sum of money due and payable, to the contractor (including the security deposit)
under the contract may be withheld or retained by way of lien by the Owner against any
of its claim in respect of payment of a sum of money arising out of or under any other
contract made by the Contractor with the Owner or GUVNL or any of its subsidiary
companies.

b) It is an agreed that the sum of money so withheld or retained under this clause by the
Owner will be kept withheld or retained as such by the Owner till its claim arising out of
the same contract or any other contract is either mutually settled or determined by the
arbitrator or competent court, as the case may be, and the Contractor shall have no claim
for interest or damages whatsoever on this account or on any other ground in respect of
any sum of money withheld or retained under this clause and as may be duly notified to
the contractor.”

41.4 Tenderer shall have to supply all materials to match with the erection activities.
41.5 If the Contractor fails to successfully complete the commissioning within the time
fixed under the Contract, the Contractor shall pay to the Owner as penalty plus
GST as applicable a sum specified for each specified period of delay.

41.6 Equipment and materials will be deemed to have been delivered only when all its
components, parts are also delivered. If certain components are not delivered in time
the equipment and materials will be considered as delayed until such time the missing
parts are also delivered.
41.7 For the purpose of penalty, contractual obligation shall be completion of all the Civil,
supply and erection contracts as per time schedule & value of these contracts shall be
“total contract value” (Sum of three individual contract value) for the working of penalty
in line with above relevant cl. No.41.1

Seal & Signature of Bidder 39

42.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

42.1 In case the Contractor’s performance is delayed due to any act of omission on the part
of the Owner or his authorized agents, then the Contractor shall be given due extension
of time for the completion of the Works, to the extent such omission on the part of the
Owner has caused delay in the Contractor’s performance of the Contract.

Regarding reasonableness or otherwise of the extension of time, the decision of the

Engineer shall be final.

42.2 In addition, the Contractor shall not be entitled to any claim whether demonstrable or
reasonable compensation if such delays have resulted in any increase in cost

43.0 Presentation of Bills

43.1 For supply : Monthly Bills for supply items for 80% value i.e. Ex-Works price with
100% F&I and GST in original with one copy shall be submitted to Dy. CAO
(Bills), at Corporate Office for passing and processing for payment at Corporate
Office. One copy of such bill is to be submitted to Engineer in-charge i.e.
concerned EE(Const) for their record & preparation of all relevant documents
43.2 10% payment out of balance 20% shall be released on completion of Sub –Station work,
handing over and acceptance by the Site Engineers in charge after rectification work if
any and settlement of material account according to actual quantity utilized for
completion of work. Bill for this payment shall be raised to Dy. CAO (Bills), Corporate
Office with copy to concern Ex. Engr. (Const).
43.3 Balance 10% payment for supply shall be released only after finalization of material
account and passing of final bill only. The contractor has to submit the final bill along
with the material consumption statement and other required data of the work carried out
within 3 months from the date of completion of work.
43.4 For Erection & Civil works: Monthly R.A Bills for erection 90% value of work
executed and GST in original with one copy shall be submitted to concerned
EE(Const) for passing and processing for payment.
43.5 Balance 10% payment for erection shall be released only after finalization of material
account and passing of final bill only. The contractor has to submit the final bill along
with the material consumption statement and other required data of the work carried out
within 3 months from the date of completion of work.
43.6 All the bills in accordance with the above clauses must be submitted with the following
information:
a) Item wise work done during billing period.
b) Item wise cumulative work done.
c) Account for material consumed and balance stock.
43.7 For non-submission or part submission of above information, an additional 5% amount
of the respective RA bill shall be withheld and shall only be released at the time of final
bill.

Seal & Signature of Bidder 40

 CONTRACT SECURITY AND PAYMENTS

44.0 PAYMENT

44.1 The payment to the Contractor for the performance of the works under the Contract will
be made by the Owner as per the guidelines and conditions specified herein. All
payments made during the Contract shall be on account payments only. The final
payment will be made on completion of all Works and on fulfillment by the Contractor of
all his liabilities under the Contract.

44.2 Currency of Payment

All payments under the Contract shall be in Indian Rupees only.
44.3 Further the payment shall be subject to fulfilling of following conditions:

Welfare Cess
The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare Cess
Act and submit the documentary evidence to the concern office.
 Before release of payment of first R.A.Bill, the contractor has to submit the documentary
evidence of registration. Only thereafter, the bill will be processed for payment.
 Before release of payment of subsequent R.A.Bills, the contractor has to submit the
documentary evidence of payment of welfare cess of previous R.A.Bill.
 Before release of payment of Final Bill, the contractor has to submit the documentary
evidence of payment of welfare cess of previous R.A.Bill as well as the final bill.
 If the R.A.Bill happens to be first and final bill, then before release of payment, contractor
has to submit documentary evidence of registration under Welfare Cess Act and
evidence of payment of welfare cess.
 The welfare cess shall be reimbursed to the contractor on submission of copy of
documentary evidence of payment by observing due formalities.

45.0 Payment Schedule

Payment shall be as per contract price schedule agreed based on unit rate. The final
price schedule shall be based on approved drawings & BOQ.
The tender BOQ is indicative. Supply & Erection of quantities shall be as per approved
Drgs. & BOQ and excess shall not be accepted.

45.1 Application for Payment

The Contractor shall submit application for the payment.

45.2 Each such application shall state the amount claimed and shall set forth in detail, in the
order of the Payment Schedule, particulars of the Works including the Works executed
at Site and of the equipment shipped/brought on to the site pursuant to the Contract up
to the date mentioned in the application and for the period covered since the last
preceding certificate, if any.

45.3 Every interim payment certificate shall certify the Contract value of the Works executed
up to the date mentioned in the application for the payment certificate, provided that no
sum shall be included in any interim payment certificate in respect of the works that,
according to the decision of the Engineer, does not comply with the Contract.

Seal & Signature of Bidder 41

45.4 Mode of Payment

45.5 Payment due on dispatch of equipment shall be made by the Owner through Owner’s
Bank or directly to the Contractor as per the payment schedule.

45.6 The payment of test charges, if any, payment, taxes and duties (whenever admissible)
inland transportation (including port handling), insurance and the erection portion of the
Works shall be made direct to the Contractor by the Owner.

45.7 All payments under the Contract shall be made as stipulated in the Contract after signing
the Contract Agreement. The payments linked with the dispatch of materials shall only
be made after production of all dispatch documents as specified in the relevant Contract
conditions which will interalia include the Material Inspection Clearance Certificate
issued by the Owner.
Progressive payments linked with erection shall only be made after the issue of
certificates by the Engineer, one for the quantum of work completed and the other for
the successful completion of quality check points involved in the quantum of work billed.

45.8 Billing and breakup: Price breakup for supply items will be considered only for billing
purpose & not for actual payment. Payment for equipments supplied shall be released
as per price schedule given in the tender specifications.

45.9 Inland Transportation & Insurance

Inland transportation (including port handling) and inland insurance charges shall be
paid to the Contractor on pro-rata to the value of the equipment received at site and on
production of the invoices by the Contractor. However, wherever equipment wise inland
transportation charges have been called for in the ‘Bid Proposal Sheets’ and have been
furnished by the Contractor, the payment of inland transportation charges shall be made
after receipt of equipment at site based on the charges thus identified by the Contractor
in his Proposal and incorporated in the Contract. The aggregate of all such pro-rata
payments shall however not exceed the total amount quoted by the Bidder in his bid and
incorporated in the Contract.

46.0 DEDUCTIONS FROM CONTRACT PRICE

All costs, damages or expenses which the Owner may have paid, for which under the
Contract the Contractor is liable, or any other retention award will be claimed by the
Owner. All such claims shall be billed by the Owner to the Contractor regularly as and
when they fall due. Such bills shall be supported by appropriate and certified vouchers
or explanations, to enable the Contractor to properly identify such claims. Such claims
shall be paid by the Contractor within thirty (30) days of the receipt of the corresponding
bills and if not paid by the Contractor within the said period, the Owner may then deduct
the amount, from any monies due or becoming due by him to the Contractor under the
Contract or may be recovered by sections of Law or otherwise.
47.0 Terms of Payment
The payment for materials to be supplied and erected shall be made as under only after
execution of the contract documents/furnishing of Security Deposit and on execution of
substation work.

Seal & Signature of Bidder 42

47.1 For supply

(i) 80% of supply value for each consignment of Sub-Station material including
accessories on submission of invoice along with 100% GST, duties, F & I shall
be paid from corporate office within 30 days from actual material receipt date
mentioned in SR Note after verifying the following documents.

A. Tax invoice.
B. Delivery challan.
C. Endorsed RR / LR copy.
D. Dispatch clearance certificate / letter wherever applicable.
E. E Way Bill, if applicable

(ii) 10% payment out of balance 20% shall be released from corporate office within
30 days on completion of Sub –Station work, handing over and preliminary
acceptance certificate issued by the Site Engineers in charge after rectification
work if any and settlement of material account according to actual quantity
utilized for completion of S/S. Supply to be made as per approved drawing/ BOQ
.
(iii) Balance10% of supply value shall be paid from corporate office on successful
commissioning of Sub-Station against completion certificate and only after
settlement of material account statement of items supplied, used, erected and
successful commissioning is settled for complete job and will be released within
30 days only after passing of final bill.

47.2 For erection and Civil works.

(i) 90% payment of amount claimed covering various activities such as excavation,
foundation, erection, earthing, stringing of bus bar and earthwire including insulator
hoisting works against R.A. bills duly certified by EIC within 30 days from the date of
R.A. bill.
(ii) Balance 10% of erection value shall be paid within 30 days against commissioning
of Sub-Station only after settlement of material account statement of items supplied,
used, erected and successful commissioning of Sub-Station line the same amount will
be release in final bill only and payment will be made only after passing of final bill.
(iii)If net payable amount is more than Rs 5.0 Lacs, payment will be released from circle
office/corporate office.

(iv) Welfare Cess

The modality of payment/ reimbursement of welfare cess will be as under.

 On receipt of A/T, the contractor / bidder will get them registered under Welfare Cess
Act and submit the documentary evidence to the concern office.
 Before release of payment of first R.A.Bill, the contractor has to submit the documentary
evidence of registration. Only thereafter, the bill will be processed for payment.
 Before release of payment of subsequent R.A.Bills, the contractor has to submit the
documentary evidence of payment of welfare cess of previous R.A.Bill.
 Before release of payment of Final Bill, the contractor has to submit the documentary
evidence of payment of welfare cess of previous R.A.Bill as well as the final bill.
 If the R.A.Bill happens to be first and final bill, then before release of payment, contractor
has to submit documentary evidence of registration under Welfare Cess Act and
evidence of payment of welfare cess.
 The welfare cess shall be reimbursed to the contractor on submission of copy of
documentary evidence of payment by observing due formalities.
Seal & Signature of Bidder 43
 The welfare cess shall be reimbursed to the contractor on submission of copy of documentary
evidence of payment by observing due formalities

48.0 TAKING DELIVERY AND INSURANCE:

48.1 The contractor has to keep S/S materials in safe custody and transport to the respective
sites and will be fully responsible for any damage to or loss of all materials at any stage
during transportation or erection till taking over of the S/S by GETCO.
48.2 The Contractor has to open site store and ensure for safe custody of all the stored materials
at his own cost.
48.3 The Contractor shall have total responsibility for the entire materials stored, loose, semi
assembled and/or erected by him at site in his custody. The Contractor shall make suitable
security arrangements at his own cost to ensure the protection of all materials, equipment
and works from theft, fire pilferage and any other damages and loss. It shall be the
responsibility of the contractor to arrange for security till the works are finally taken over by
the GETCO.
48.4 STORAGE-CUM-INSURANCE:-The contractor shall take suitable storage-cum-erection
insurance cover at his cost to the extent of 100 % cost of S/S materials, which are required
to complete the S/S. Contractor shall have to take comprehensive insurance policy against
any loss, damage, theft, pilferage, fire etc. for the complete period of storage, erection and
commissioning up to the time of taking over of the S/S by GETCO. The Contractor shall
deal directly and pursue the claim with the Insurance Company and shall be responsible in
regard to maintenance of all insurance coverage as well as for settlement of claim. The
proof of insurance policy taken by the successful Contractor shall be furnished to Engineer-
In-Charge. In absence of the above insurance policy, R.A. Bill payment will be with held.
48.5 In the event of any damage, theft, loss, pilferage, fire etc., Contractor will be responsible to
lodge, pursue and settle all the claims with the Insurance Company for all items, materials
and the GETCO shall be kept informed about it. Contractor shall replace the lost / damaged
materials / items promptly irrespective of the settlement of the claims by underwriter and
ensure that the work progress is as per agreed schedule. The loss, if any, such replacement
will have to be borne by the Contractor and GETCO will not entertain any claim /
representation in this regard. However it will be contractor's responsibility to insure the entire
Project till the S/S is taken over by the GETCO.
49.0 Insurance:

The Bidder’s insurance liabilities pertaining to the scope of Works are detailed out in
Clauses titled Insurance Bidder’s attention is specifically invited to these clauses. Bid
price shall include all the costs in fulfilling all the insurance liabilities under the Contract.

49.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be
pertinent to the Works and obligatory in terms of law to protect his interest and interests
of the Owner against all perils detailed herein. The form and the limit of such insurance
as defined herein together with the under-writer in each case shall be acceptable to the
Owner. However, irrespective of such acceptance, the responsibility to maintain
adequate insurance coverage at all time during the period of Contract shall be of
Contractor alone. The Contractor’s failure in this regard shall not relieve him of any of
his contractual responsibilities and obligations. The insurance covers to be taken by the
Contractor shall be in the joint name of the Owner and the Contractor. The Contractor
shall, however, be authorized to deal directly with Insurance Company or Companies
and shall be responsible in regard to maintenance of all insurance covers. Further the
insurance should be in freely convertible currency.

Seal & Signature of Bidder 44

49.2 Any loss or damage to the equipment during handling, transportation, storage, erection,
putting into satisfactory operation and all activities to be performed till the successful
completion of commissioning of the equipment shall be to the account of the Contractor.
The Contractor shall be responsible for preference of all claims and make good the
damages or loss by way of repairs and/or replacement of the equipment, damaged or
lost. The transfer of title shall not in any way relieve the Contractor of the above
responsibilities during the period of Contract. The Contractor shall provide the Owner
with copy of all insurance policies and documents taken out by him in pursuance of the
Contract. Such copies of documents shall be submitted to the Owner immediately after
such insurance coverage. The Contractor shall also inform the Owner in writing at least
sixty (60) days in advance regarding the expiry/cancellation and/or change in any of
such documents and ensure revalidation, renewal etc., as may be necessary well in
time.

49.3 The perils required to be covered under the insurance shall include, but not be limited to
fire and allied risks, miscellaneous accidents (erection risks) workman compensation
risks, loss or damage in transit, theft, pilferage, earth quake, riot and strikes and
malicious damages, civil commotion, weather conditions, accidents of all kinds, etc. The
scope of such insurance shall be adequate to cover the replacement/reinstatement cost
of the equipment for all risks up to and including delivery of goods and other costs till the
equipment is delivered at Site. The insurance policies to be taken should be on
replacement value basis and/or incorporating escalation clause. Notwithstanding the
extent of insurance cover and the amount of claim available from the underwriters, the
Contractor shall be liable to make good the full replacement/rectification value of all
equipment/materials and to ensure their availability as per Project requirements.

49.4 All costs on account of insurance liabilities covered under the Contract will be on
Contractor’s account and will be included in Contract Price, However, the Owner may
from time to time, during the pendency of the Contract, ask the Contractor in writing to
limit the insurance coverage, risks and in such a case, the parties to the Contract will
agree for a mutual settlement, for reduction in Contract price to the extent of reduced
premia amount. The Contractor, while arranging the insurance shall ensure to obtain all
discounts on premia which may be available for higher volume or for reason of financing
arrangement of the PROJECT.

49.5 The clause entitled ‘Insurance’, covers the additional insurance requirements for the
portion of the works to be performed at the Site.

50.0 Contract Quality assurance:

50.1 The Bidder shall include in his proposal the Quality Assurance Programme containing
the overall quality management and procedures which he proposes to follow in the
performance of the Works during various phases as detailed in relevant clause of the
General Technical Conditions.

50.2 At the time of Award of Contract, the detailed Quality Assurance Programme to be
followed for the execution of the Contract will be mutually discussed and agreed and
such agreed Programme shall form a part of the Contract.

50.3 The Bidder shall clearly specify the list of sub-vendors from whom the bought out items
are being supplied. Such details shall be accompanied by their list of previous supplies
made performance reports etc. However, in case of orders are placed, specific approval
shall be obtained from the owner for the vendor supplied materials. The quality
assurance program shall be furnished for each material separately for approval.

Seal & Signature of Bidder 45

51.0 Erection Tools And Tackles:

The Bidder under a separate schedule, in his proposal shall include a list of all-special
equipment tools & tackles etc. which he proposes to bring to site for the purpose of
erection, handling, testing and commissioning including performance and guarantee
tests of the equipment. However such tools tackles brought to the site for purpose of
erection, handing testing & commissioning shall remain property of the contractor and
can be taken back after completion of the work.

52.0 Brand Names:

52.1 The specific reference in these specifications and documents to any material/equipment
by brand name make or catalogue number shall be construed as establishing standards
of quality and performance and not as limiting competition. However, Bidders may offer
other similar material/equipment provided they meet the specified standard, design and
performance requirements. The Bidder shall furnish adequate technical information
about such alternative material equipment to enable the Owner to determine its
acceptability. The Owner shall be the sole judge on the acceptability or otherwise of such
alternatively material/equipment.

52.2 The bidder shall noet that standards for workmanship material and equipment, and
reference to brand name of catalogue numbers designed by the Owner in its Technical
Specifications are intended to be descriptive only and not restrictive. The Bidder may
substitute alternative standards, brand name and/or catalogue numbers in its bid,
provided that it demonstrates to the Owner’s satisfaction that the substitutions are
substantially equivalent or superior to those designed in the Technical Specification.

53.0 CONTRACT DOCUMENTS

53.1 The term Contract Documents shall mean and include the following which shall be
deemed to form an integral part of the Contract:

a) Invitation to Bid including letter forwarding the Bidding Documents, General Terms
and Conditions of Contract and all other documents included under Part I and the
Special Conditions of Contract.

b) Specifications of the equipment to be furnished and erected under the Contract as

brought out in the accompanying Technical Specifications.

c) Contractor’s Bid Proposal and the documents attached there to including the letters
of clarifications thereto between the Contractor and the Owner prior to the Award
of Contract except to the extent of repugnancy.

d) All the materials, literature, data and information of any sort given by the Contractor
along with his bid, subject to the approval of the Owner /Consultant.

e) Letter of Award and any agreed variations of the conditions of the documents and
special terms and conditions of Contract, if any.

53.2 In the event of any conflict between the above mentioned documents the matter shall be
referred to the Engineer whose decision shall be considered as final and binding upon
the parties.

Seal & Signature of Bidder 46

54.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

54.1 The Contractor shall not, without the Owner’s prior written consent, disclose the
Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample
or information furnished by or on behalf of the Owner in connection therewith, to any
person other than a person employed by the Contractor in the performance of the
Contract. Disclosure to any such employed person shall be made in confidence and shall
extend only so far as may be necessary for the purpose of such performance.

54.2 The Contractor shall not, without the Owner’s prior written consent, make use of any
document or information enumerated in various Contract documents except for the
purpose of performing the Contract.

54.3 The Contractor shall not communicate or us in advertising, publicity, sales releases or
in any other medium, photographs or other reproduction of the Works under this
Contract, or descriptions of the site, dimensions, quantity, quality or other information,
concerning the works unless prior written permission has been obtained from the Owner.

54.4 Any document, other than the Contract itself, enumerated in various Contract documents
shall remain the property of the Owner and shall be returned (in all copies) to the Owner
on completion of the Contractor’s performance under the Contract if so required by the
Owner.

55.0 CONSTRUCTION OF THE CONTRACT

55.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract to
be entered into will be treated as a works contract for Civil, Supply and Erection
work. However, Separation of the Contract into Supply of Goods, Services and
Civil Work, is only for convenience and better economical management and for
the ease of Accountancy but the entire Contract, is to be assessed under GST
Law, as a contract for composite supply under the category of Works Contract,
which is, as per the provisions of Section 2(30), read with, Section 2(119), further
read with, Paragraph 6(a) of the Schedule II to the CGST Act, 2017 or SGST Act,
2017 and similar provisions, applicable under the UTGST Act, 2017and the IGST
Act, 2017 and the entire activity, would be subjected to levy of Tax, at the rate of
9% CGST + 9% SGST or 18% IGST, under the GST Law. However, Classification
Codes for different segments or portions of the Works Contract, may be specified
separately, in the Supplies, with a final common Classification Code of Works
Contract Service.

55.2 In case of divisible supply and erection Contract, or where the Owner hands over his
equipment to the Contractor for executing, then the Contractor shall at the time of taking
delivery of the equipment/dispatch documents be required to execute an Indemnity Bond
in favour of the Owner in the form acceptable to the GETCO for keeping the equipment
in safe custody and to utilize the same exclusively for the purpose of the said Contract.
Samples of proforma for the Indemnity Bond will be furnished during award of Contract.

55.3 The Contract shall in all respects be construed and governed according to Indian Laws.

55.4 It is clearly understood that the total consideration for the Contract(s) has been broken
up into various components only for the convenience of payment under the Contract(s)
and for the measurement of deviations or modifications under the Contract(s).

Seal & Signature of Bidder 47

56.0 JURISDICTION OF CONTRACT

56.1 The laws applicable to the Contract shall be the laws in force in India. The Courts of
Vadodara shall have exclusive jurisdiction in all matters arising under this Contract.

57.0 EXECUTION OF CONTRACT:

57.1 The Owner, after the issue of the Letter of Award to the Contractor, will send one copy
of the final agreement to the Contractor for his scrutiny and approval.
57.2 The Agreement, unless otherwise agreed to, shall be signed within 30 days of the
acceptance of the Letter of Award, at the office the Owner at Vadodara on a date and
time to be mutually agreed. The Contractor shall provide for signing of the Contract,
Performance Guarantee, appropriate power of attorney and other requisite materials. In
case the Contract is to be signed beyond the stipulated time, the Bid Guarantee
submitted with the Proposal will have to be extended accordingly.

57.3 The Agreement will be signed in copies to be specified and the Contractor shall be
provided with one signed original and the rest will be retained by the Owner.

57.4 The Contractor shall provide free of cost to the Owner all the Engineering data, drawings,
and descriptive materials submitted with the bid including soft copy, to form a part of the
Contract immediately after issue of Letter of Award .

57.5 Subsequent to signing of the Contract, the Contractor at his own cost shall provide the
Owner with copies of agreement within fifteen (15) days after the signing of the
Contractor.
58.0 ENFORCEMENT OF TERMS
58.1 The failure of either party to enforce at any time any of the provisions of this Contract or
any rights in respect thereto or to exercise any option therein provided, shall in no way be
construed to be a waiver of such provisions, rights or options or in anyway to affect the
validity of the Contract. The exercise by either party of any of its rights herein shall not
preclude or prejudice either party from exercising the same or any other right it may have
under the Contract.

59.0 COMPLETION OF CONTRACT

59.1 Unless otherwise terminated under the provisions of any other relevant clause, this
Contract shall be deemed to have been completed on the expiry of the guarantee period
as provided for under the clause entitled ‘Guarantee’

60.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS

60.1 If during the performance of the Contract, the Engineer shall decide and inform in writing
to the Contractor that the Contractor has manufactured any equipment, material or part
of equipment unsound and imperfect or has furnished any equipment inferior to the
quality specified, the Contractor on receiving details of such defects or deficiencies shall
at his own expense within seven (7) days of his receiving the notice, or otherwise, within
such time as may be reasonably necessary for making it good, proceed to alter,
reconstruct or remove such works and furnish fresh equipment/materials up to the
standards of the specifications. In case, the Contractor fails to do so, the Engineer may
on giving the Contractor seven (7) days notice in writing of his intentions to do so,
proceed to remove the portion of the works so complained of and at the cost of the
Contractor perform all such Works or furnish all such equipment/ material provided that
nothing in this clause shall be deemed to deprive the Owner of or affect any rights under

Seal & Signature of Bidder 48

 the Contract which the Owner may otherwise have in respect of such defects and
deficiencies.
60.2 The Contractor’s full and extreme liability under this clause shall be satisfied by the
payment to the Owner of extra cost, of such replacement procured including erection as
provided for in the Contract, such extra cost being the ascertained difference between
the price paid by the Owner for such replacements and the Contract Price by portion for
such defective equipment/materials/works and repayments of any sum paid by he
Owner to the Contractor in respect of such defective equipment/material. Should the
Owner not so replace the defective equipment/materials the Contractor’s extreme
liability under this clause shall be limited to repayment of all sums paid by the Owner
under the Contract for such defective equipment/materials.

61.0 PATENT RIGHTS AND ROYALTIES

Royalties and fees for patents covering materials, articles, apparatus, devices,
equipment or processes used in the works shall be deemed to have been included in
the Contract Price. The Contractor shall satisfy all demands that may be made at any
time for such royalties or ts and he alone shall be liable for any damages or claims for
patent infringements and shall keep the Owner indemnified in that regard. The
Contractor shall, at his own cost and expense, defend all suits or proceedings that may
be instituted for alleged infringement of any patents involved in the Works, and, in case
of an award of damages, the Contractor shall pay for such award. In the event of any
suit or other proceedings instituted against the Owner, the same shall be defended at
the cost and expense of the Contractor who shall also satisfy/comply with any decree,
order or award made against the Owner. But it shall be understood that no such
machine, plant, work, material or thing has been used by the Owner for any purpose or
any manner other than that for which they have been furnished and installed by the
Contractor and specified under these specifications. Final payment to the Contractor by
the Owner will not be made while any such suit or claim remains unsettled. In the event
any apparatus or equipment, or any part thereof furnished by the Contractor, is in such
suit or proceedings held to constitute infringement, and its use is enjoined, the Contractor
shall at his option and at his own expense, either procure for the Owner, the right to
continue the use of said apparatus, equipment or part thereof, replace it with non-
infringing apparatus or equipment or modify it, so it becomes non-infringing.

62.0 DEFENCE OF SUITS

If any action in court is brought against the Owner or Engineer or an officer or agent of
the Owner, for the failure, omission or neglect on the part of the Contractor to perform
any acts, matters, covenants or things under the Contract, or for damage or injury
caused by the alleged omission or negligence on the part of the Contractor, his agents,
representatives or his Sub-Contractors, or in connection with any claim based on lawful
demands of Sub-Contractors, workmen, suppliers or employees, the Contractor shall in
all such cases indemnify and keep the Owner, and the Engineer and/or his
representative, harmless from all losses, damages, expenses or decrees arising of such
action.

63.0 LIMITATION OF LIABILITIES

The final payment by the Owner in pursuance of the Contract shall mean the release of
the Contractor from all his liabilities under the Contract. Such final payment shall be
made only at the end of the Guarantee/Warranty period, and till such time as the
Contractual liabilities and responsibilities of the Contractor, shall prevail. All other
payments made under the Contract shall be treated as on-account payments. The
aggregate liabilities are limited up to the total contract value.

Seal & Signature of Bidder 49

64.0 ENGINEER’S DECISION

64.1 In respect of all matters which are left to the decision of the Engineer including the
granting or with-holding of the certificates, the Engineer shall, if required to do so by the
Contractor, give in writing a decision thereon.

64.2 If, in the opinion of the Contractor, a decision made by the Engineer is not in accordance
with the meaning and intent of the Contract, the Contractor may file with the Engineer,
within fifteen (15) days after receipt of the decision, a written objection to the decision.

Failure to file an objection within the allotted time will be considered as an acceptance
of the Engineer’s decision and the decision shall become final and binding.

64.3 The Engineer’s decision and the filing of the written objection thereto shall be a condition
precedent to the right to request arbitration. It is the intent of the Agreement that there
shall be no delay in the execution of the works and the decision of the Engineer as
rendered shall be promptly observed.

65.0 POWER TO VARY OR OMIT WORK

65.1 No alterations, amendments, omissions, suspensions or variations of the Works

(hereinafter referred to as ‘variation’) under the Contract as detailed in the Contract
Documents, shall be made by the Contractor except as directed in writing by the
Engineer, but the Engineer shall have full powers subject to the provisions hereinafter
contained, from time to time during the execution of the Contract, by notice in writing to
instruct the Contractor to make such variation without prejudice to the Contract. The
Contractor shall carry out such variation and be bound by the same conditions as far as
applicable as though the said variations occurred in the Contract Documents. If any
suggested variations would, in the opinion of the Contractor, if carried out, prevent him
from fulfilling any of his obligations or guarantees under the Contract, he shall notify the
Engineer thereof in writing and the Engineer shall decide forthwith whether or not, the
same shall be carried out and if the Engineer confirms his instructions, the Contractor’s
obligations and guarantees shall be modified to such an extent as may be mutually
agreed. Any agreed difference in cost occasioned by any such variation shall be added
to or deducted from the Contract Price as the case may be.

65.2 In the event of Engineer requiring any variation, a reasonable and proper notice shall be
given to the Contractor to enable him to work his arrangement accordingly, and in cases
where goods or materials are already prepared or any design, drawings or pattern made
or work done as per the contract requires to be altered, a reasonable and agreed sum
in respect thereof shall be paid to the Contractor.

65.3 In any case in which the Contractor has received instructions from the Engineer as to
the requirement of carrying out the alterations or additional or substituted work which
either then or later on, will in the opinion of the Contractor, involve a claim for additional
payment, the Contractor shall immediately and in no case later than thirty (30) days,
after receipt of the instructions aforesaid and before carrying out the instructions, advise
the Engineer to that effect. But the Engineer shall not become liable for payment of any
charges in respect of any such variations, unless the instructions for the performance of
the same shall be confirmed in writing by the Engineer.

65.4 If any variation in the Works results in reduction of Contract Price, the parties shall agree,
in writing, so to the extent of any change in the price, before the Contractor proceeds
with the change.

Seal & Signature of Bidder 50

65.5 In all the above cases, in the event of a disagreement as to the reasonableness of the
said sum, the decision of the Engineer shall prevail.

65.6 Notwithstanding anything stated above in this clause, the Engineer shall have the full
power to instruct the Contractor, in writing, during the execution of the Contract to vary
the quantities of the items or groups of items in accordance with the provisions of clause
entitled ‘Change of Quantity’ in section GCC. The Contractor shall carry out such
variations and be bound by the same conditions as though the said variations occurred
in the Contract Documents. However, the Contract Price shall be adjusted at the rates
and the prices provided for the original quantities in the Contract.

66.0 ASSIGNMENT AND SUB-LE TTING OF CONTRACT

66.1 The Contractor may, after informing the Chief Engineer (P) & getting written approval,
assign or sub-let the Contract or any part thereof other than for raw material, for minor
items or for any part of the plant for which makes are identified in the Contract. Suppliers
of the equipment not identified in the Contract or any change in the identified suppliers
shall be subject to approval by the Chief Engineer. The experience of equipment
vendors under consideration by the Contractor for this Contract shall be furnished to the
Chief Engineer for approval prior to procurement of all such items/equipment. Such
assignment/sub-letting shall not relieve the Contractor from any obligation, duty or
responsibility under the Contract. Any assignment as above, without prior written
approval of Chief Engineer, shall be void.

In case of Erection/Civil activity, the contractor may after getting written approval
from CE(Project ), assign or sublet any part of erection or as a whole. To do so contractor
have to apply for such subletting with a clear proposal stating details & experience of the
subletting agency, along with the tender or within 30 days from the date of LOI & decision
thereof will be conveyed within 30 days thereafter by GETCO. The proposed
erection/civil agency shall have experience of executing similar job of voltage class of
220Kv & above during last five years. (Experience shall be as per Annexure – A) The
decision of competent authority in this regard shall remain final and binding to the agency
– The approval will be given based on assessments (Quality, timely execution of work,
safety required machinery, of subletting contractor, his past performacne, financial,
ongoing contracts on hand and fulfilling other legal requirements. Subletting will not be
allowed to the bidders having more than 3 PROJECTs on hand (having value more than
50% of this contract for civil and electrical part individually) and having total contracts on
hand, having total value equivalent to 150% of erection cost for electrical and civil cost
for civil work. If subletting contractor is working in civil as well as electrical he will be
evaluated as above considering 100% cost as total of civil and electrical cost.

Annexure – A – For subletting work

Sr no For Civil work For Electrical work
Registration : Civil agency shall have Registration : Electrical agency shall
1 registration in appropriate class with have registration in appropriate class with
GETCO/Central/State Government / GETCO or Transmission Utility or major
Railway/Semi. Govt. Organizations. industries
2 Experience: Bidder should have Experience: The proposed erection/civil
experience of similar work including RCC agency shall have experience of
frame structure building under single executing similar job of voltage class of
contract as main contractor for minimum of 220Kv & above under single contract as
50% value of award cost of Civil with main contractor for value equivalent to

Seal & Signature of Bidder 51

 GETCO/ GEB / Central / State Government erection portion award cost during last five
/ Railway / Semi- Government / Public years with GETCO or Transmission Utility
Sector Organization within last 5 years. or major industries.
Attested Xerox copy of work orders Attested Xerox copy of work orders
executed from GETCO/ GEB / Central / executed from GETCO or Transmission
State Government / Railway / Semi- utility or major Industries and satisfactory
Government / Public Sector Organization completion certificate from respective
and satisfactory completion certificate from department should be submitted.
respective department should be The decision of competent authority in
submitted. this regard shall remain final and binding
– The approval will be given based on to the agency – The approval will be given
assecment (Quality, timely execution of based on assessment (Quality, timely
work, safety required machinery, of execution of work, safety required
subleting contractor, his past performacne, machinery, of subleting contractor, his
financial, ongoing contracts on hand and past performacne, financial, ongoing
fulfilling other legal requirements. contracts on hand and fulfilling other legal
Subletting will not be allowed to the bidders requirements. Subletting will not be
having more than 3 projects on hand allowed to the bidders having more than 3
(having value more than 50% of this projects on hand (having value more than
contract for civil work ) and having total 50% of this contract for electrical work)
contracts on hand having total value and having total contracts on hand having
equivalent to 150% of civil cost for civil total value equivalent to 150% of erection
work. cost for electrical work.
3 Solvency : Latest bank solvency certificate Solvency : Latest bank solvency
from any Nationalized/Scheduled Bank of a certificate from any
sum of minimum 20 % of the estimated cost Nationalized/Scheduled Bank of a sum of
shown in the tender. The solvency should minimum 20 % of the estimated cost
be in the name of “To Whomsoever it may shown in the tender. The solvency should
concern” or “GUJARAT ENERGY be in the name of “To Whomsoever it
TRANSMISSION CORPORATION may concern” or “GUJARAT ENERGY
LIMITED (GETCO)”. TRANSMISSION CORPORATION
LIMITED (GETCO)”.
4 Provident Fund Code: Separate provident Provident Fund Code: Separate
fund code number towards firm registered provident fund code number towards firm
with Regional P. F. Commissioner. registered with Regional P. F.
Commissioner.
5 Profit & Loss Account Statement: The Profit & Loss Account Statement: The
Bidder should submit certified Xerox audited Bidder should submit certified Xerox
copy of the Balance sheet with profit and audited copy of the Balance sheet with
loss account of last Five Years. profit and loss account of last Five Years.
6 Nature of Firm : Attested copy of Nature of Firm : Attested copy of
Partnership Deed with recent Form- Partnership Deed with recent Form-G
G obtained from Registrar of firms for obtained from Registrar of firms for
the current year, Power of Attorney, if the current year, Power of Attorney, if
any, for signing the bid documents in case any, for signing the bid documents in
of partnership firm & self-affidavit for case of partnership firm & self-affidavit
proprietorship firm. In case the Form-G for proprietorship firm. In case the
is not available for current year Affidavit Form-G is not available for current year
cum Undertaking of the firm declaring no Affidavit cum Undertaking of the firm
change in Form-G is to be submitted. declaring no change in Form-G is to be
However this affidavit cum undertaking submitted. However this affidavit cum
should be executed only by partnership undertaking should be executed only
firm. The party shall be liable to give fresh by partnership firm. The party shall be
affidavit cum undertaking, after completion liable to give fresh affidavit cum
Seal & Signature of Bidder 52
 of its one year. All such documents shall undertaking, after completion of its one
have to be NOTARISED. year. All such documents shall have to be
NOTARISED.
7 Goods & Service Tax (GST) Goods & Service Tax (GST)
Registration: The Bidder shall be Registration: The Bidder shall be
registered under the GST Act and a registered under the GST Act and a
certified copy of such registration certified copy of such registration
under the GST act indicating the GSTIN under the GST act indicating the
shall have to be submitted along with GSTIN shall have to be submitted
the bid by the bidder along with the bid by the bidder

8 I.T. PAN CARD: The bidder should submit I.T. PAN CARD: The bidder should
the attested zerox copy of PAN Card of submit the attested zerox copy of PAN
their firm. Card of their firm.

Note: If subletting contractor is working in civil as well as electrical work, agency will be
evaluated as above considering 100% cost as total of civil and electrical cost and documents
as mentioned above.

66.2 For components/equipment procured by the Contractor for the purposes of the Contract,
after obtaining the written approval of the Owner, the Contractor’s purchase
specifications and enquiries shall call for quality plan to be submitted by the suppliers
along with their Proposals. The quality plans called for from the Vendors shall set out,
during the various stages of manufacture and installation, the quality practices and
procedures followed by the Vendors’ quality control organization, the relevant reference
document/standard used, acceptance level, inspection documentation raised, etc. Such
quality plans of the successful vendors shall be discussed and finalized in consultation
with the Engineer and shall form a part of the Purchase Order/Contract between the
Contractor and the Vendor. Within three weeks of the release of the Purchase
Orders/Contracts for such bought out items/components a copy of the same without price
details but together with detailed purchase specifications, quality plans and delivery
conditions shall be furnished to the Engineer by the Contractor.

67.0 CHANGE OF QUANTITY

67.1 During the execution of the Contract, the Owner reserves the right to increase or
decrease the quantities of items under the Contract but without any change in unit price
or other terms & conditions. Such variations unless otherwise specified in the
accompanying GCC and/or Technical Specifications, shall not be subjected to any
limitation for the individual items but the total variations in all such items under the
Contract shall be limited to the extent of 30%(Thirty Percent ) of the contract price by
way of suitable amendment to the contract.
67.2 The Contract price shall accordingly be adjusted based on the unit rates available in the
Contract for the change in quantities as above. The base unit rates, as identified in the
Contract shall however remain constant during the currency of the Contract, In case the
unit rates are not available for the change in quantity, the same shall be subjected to
mutual agreement.
67.3 As this is an EPC contract, Design will be done by the Contractor. Responsibility of
material will be that of the contractor.

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68.0 PACKING, FORWARDING AND SHIPMENT

68.1 The Contractor, wherever applicable, shall after proper painting, pack and crate all
equipment in such a manner as to protect them from deterioration and damage during
rail and road transportation to the Site and storage at the Site till the time of erection.
The Contractor shall be held responsible for all damages due to improper packing.

68.2 The Contractor shall notify the Owner of the date of each shipment from his works, and
the expected date of arrival at the Site for the information of the Owner.

68.3 The Contractor shall also give all shipping information concerning the weight, size and
content of each packing including any other information the Owner may require.

68.4 The following documents shall be sent by registered post to the Owner within three days
from the date of shipment, to enable the Owner to make progressive payments to the
Contractor:-
Application for payment in the standard format of the Owner
Invoice
Packing list
Pre-despatch clearance certificate, if any
Test Certificate, wherever applicable
Insurance Certificate
68.5 The Contractor shall prepare detailed packing list of all packages and containers,
bundles and loose materials forming each and every consignment despatched to Site.
The Contractor shall further be responsible for making all necessary arrangements for
loading, unloading and other handling right from his works up to the Site and also till the
equipment is erected, tested and commissioned. He shall be solely responsible for
proper storage and safe custody of all equipment.
69.0 COOPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS

The Contractor shall agree to cooperate with the Owner’s other Contractors and
Consulting Engineers and freely exchange with them such technical information as is
necessary to obtain the most efficient and economical design and to avoid unnecessary
duplication of efforts. The Engineer shall be provided with three copies of all
correspondence addressed by the Contractor to other Contractors and Consulting
Engineers of the Owner in respect of such exchange of technical information, wherever
needed.

70.0 NO WAIVER OF RIGHTS

Neither the inspection by the Owner or the Engineer or any of their officials, employees,
or agents nor any order by the Owner or the Engineer for payment of money or any
payment for or acceptance of, the whole or any part of the Works by the Owner or the
Engineer, nor any extension of time, nor any possession taken by the Engineer shall
operate as a waiver of any provision of the Contract, or of any power herein reserved to
the Owner or any right to damages herein provided nor shall any waiver of any breach
in the Contract be held to be a waiver of any other or subsequent breach.

71.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF THE

CONTRACTOR.

No interim payment certificate of the Engineer, nor any sum paid on account by the
Owner, nor any extension of time for execution of the Works granted by the Engineer

Seal & Signature of Bidder 54

 shall affect or prejudice the rights of the Owner against the Contractor or relieve the
Contractor of his obligation for the due performance of the Contract, or be interpreted as
approval of the Works done or of the equipment furnished and no certificate shall create
liability for the Owner to pay for alterations, amendments, variations or additional works
not ordered, in writing , by the Engineer or discharge the liability of the Contractor for
the payment of damages whether due, ascertained, or certified or not or any sum against
the payment of which he is bound to indemnify the Owner, nor shall any such certificate
nor the acceptance by him of any sum paid on account or otherwise affect or prejudice
the rights of the Owner against the Contractor.

72.0 PROGRESS REPORTS

During the various stages of the work in pursuance of the Contract, the Contractor shall
at his own cost submit periodic progress reports as may be reasonably required by the
Engineer with such materials as, in approved MS PROJECT ,charts, net-works,
photographs, test certificates, etc. Such progress reports shall be on monthly base for
supply items & fortnightly for erection activities in the form and size as may be required
by the Engineer.

73.0 TAKING OVER

Upon successful completion of all the tests and commissioning by the Contractor, the
Engineer shall issue to the Contractor a Taking Over Certificate (TOC) as a proof of the
final acceptance of the equipment. Such certificate shall not unreasonably be withheld
nor will the Engineer delay the issuance thereof on account of minor omissions or defects
which do not affect the commercial operation and/or cause any serious risk to the
equipment. Such certificate shall not relieve the Contractor of any of his obligations
which otherwise survive, by the terms and conditions of the Contract after issue of such
certificate.
In the event of completion of pre commissioning tests carried out jointly, if energization
of the substation is prevented for reasons not attributable to the successful bidder, the
Preliminary Acceptance Certificate shall be given within 30 days of pre commissioning
tests prior to Taking Over Certificate (TOC).

74.0 RISK DISTRIBUTION--TRANSFER OF TITLE

74.1 Transfer of title in respect of equipment and materials supplied by the Contractor to
GETCO pursuant to the terms of the Contract shall pass on to GETCO with negotiation
of dispatch documents.

74.2 This Transfer of Title shall not be construed to mean the acceptance and the consequent
“Taking Over” of equipment and materials. The Contractor shall continue to be
responsible for the quality and performance of such equipment and materials and for
their compliance with the specifications until “Taking Over” and the fulfillment of
guarantee provisions of this Contract.

74.3 This Transfer of Title shall not relieve the Contractor from the responsibility for all risks
of loss or damage to the equipment and materials as specified under the clause entitled
“Insurance” of this Section.

Seal & Signature of Bidder 55

75.0 LIABILITY FOR ACCIDENTS AND DAMAGES

Under the Contract, the Contractor shall be responsible for loss or damage to the plant
until the successful completion of commissioning as defined else where in the Bid
document.

76.0 DEMURRAGE, WHARFAGE, ETC.

All demurrage, wharfage and other expenses incurred due to delayed clearance of the
material or any other reason shall be to the account of the Contractor.

77.0 FORCE MAJEURE

77.1 Force majeure is herein defined as any cause which is beyond the control of the
Contractor or the Owner as the case may be, which they could not foresee or with a
reasonable amount of diligence could not have foreseen and which substantially affects
the performance of the Contract, such as:

a. Natural phenomena, including but not limited to floods, droughts, earthquakes and
epidemics;

b. Acts of any Government, domestic or foreign, including but not limited to war,
declared or undeclared, priorities, guarantees, embargoes.

Provided either party shall within fifteen (15) days from the occurrence of such a cause
notify the other in writing of such causes.

77.2 The Contractor or the Owner shall not be liable for delays in performing his obligations
resulting from any force majeure cause as referred to and/or defined above

The date of completion will, subject to hereinafter provided, be extended by a reasonable

time even though such cause may occur after Contractor’s performance of obligation
has been delayed due to other causes.

78.0 SUSPENSION OF WORK

78.1 The Owner reserves the right to suspend and reinstate execution of the whole or any
part of the Works without invalidating the provisions of the Contract. Orders for
suspension or reinstatement of the Works will be issued by the Engineer to the
Contractor in writing. The time for completion of the works will be extended for a period
equal to duration of the suspension.

78.2 Any necessary and demonstrable cost incurred by the Contractor as a result of such
suspension of the works will be paid by the Owner, provided such costs are
substantiated to the satisfaction of the Engineer. The Owner shall not be responsible
for any liabilities if suspension or delay is due to some default on the part of the
Contractor or his Sub-Contractor.

79.0 CONTRACTOR`S DEFAULT

79.1 If the Contractor shall neglect to execute the works with due diligence and expedition or
shall refuse or neglect to comply with any reasonable order given to him, in writing by
the engineer in connection with the works or shall contravene the provisions of the
contract, the Owner may give notice in writing to the Contractor to make good the failure,
neglect or contravention complained of. Should the contractor fail to comply with the

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 notice within thirty (30) days from the date of serving the notice, then and in such case
the owner shall be at liberty to employ other workmen and forthwith to execute such part
of the works as the contractor may have neglected to do or if the Owner shall think fit,
without prejudice to any other right he may have under the contract to take the work
wholly or in part out of the Contractor’s hands and recontract with any other person or
persons to complete the works or any part thereof and in that event the Owner shall have
free use of all Contractor’s equipment that may have been at the time on the site in
connection with the works without being responsible to the Contractor for fair wear and
tear thereof and to the exclusion of any right of the contactor over the same, and If the
sum that the contractor is entitled to be paid plus the costs incurred by the Owner
in completing the works, exceeds the contract price or the entire works if entire
works have been completed or the price for part of the works if part of the works
have been completed, the contractor shall be liable for such excess.

If such excess is greater than the sums due to the contractor, the contractor shall
pay the balance to the Owner and if such excess is less than the sums due to the
Contractor, Owner shall pay the balance to the Contractor. For facilitating such
payment, Owner shall encash the Bank Guarantees of Contractor available with
Owner/s and retain such other payments due to the contractor under the Contract
in question or any other Contract that the Owner/s may have with the Contractor.
Such payment of excess amount shall be independent of the liquidated damages for
delay which the Contractor shall have to pay if the completion of works is delayed.

79.2 In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his
liability to pay liquidated damages for delay in completion of Works .

79.3 Such action by the Owner as aforesaid the termination of the Contract under this clause
shall not entitle the Contractor to reduce the value of the Contract Performance
Guarantee nor the time thereof. The Contract Performance Guarantee shall be valid for
the full value and for the full period of the Contract including guarantee period.

80.0 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

80.1 The Owner reserves the right to terminate the Contract either in part or in full due to
reasons other than those mentioned under clause entitled ‘Contractor’s Default’. The
Owner shall in such an event give fifteen (15) days notice in writing to the Contractor of
his decision to do so.

80.2 The Contractor upon receipt of such notice shall discontinue the work on the date and
to the extent specified in the notice, make all reasonable efforts to obtain cancellation of
all orders and Contracts to the extent they are related to the work terminated and terms
satisfactory to the Owner, stop all further sub-contracting or purchasing activity related
to the work terminated, and assist Owner in maintenance, protection, and disposition of
the works acquired under the Contract by the Owner.

In the event of such a termination the Contractor shall be paid compensation, equitable
and reasonable, dictated by the circumstances prevalent at the time of termination.

80.3 If the Contractor is an individual or a proprietary concern and the individual or the
proprietor dies and if the Contractor is a partnership concern and one of the partners
dies then unless the Owner is satisfied that the legal representatives of the individual
Contractor or of the proprietor of the propriety concern and in the case of partnership,
the surviving partners, are capable of carrying out and completing the Contract the
Owner shall be entitled to cancel the Contract as to its in completed part without being

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 in any way liable to payment of any compensation to the estate of deceased Contractor
and/or to the surviving partners of the Contractor’s firm on account of the cancellation
of the Contract. The decision of the Owner that the legal representatives of the
deceased Contractor or surviving partners of the Contractor’s firm cannot carry out and
complete the Contract shall be final and binding on the parties. In the event of such
cancellation the Owner shall not hold the estate of the deceased Contractor and/or the
surviving partners of the estate of the deceased Contractor and/or the surviving partners
of the Contractor’s firm liable to damages for not completing the Contract.

81.0 FRUSTRATION OF CONTRACT

81.1 In the event of frustration of the Contract because of supervening impossibility in terms
of Section 56 of the Indian Contract Act, parties shall be absolved of their responsibility
to perform the balance portion of the Contract, subject to provisions contained in sub-
clause 84.3 below.

81.2 In the event of non-availability or suspension of funds for any reasons, whatsoever
(except for reason of willful or flagrant breach by the Owner) and/or Contractor then the
works under the Contract shall be suspended.

Furthermore, if the Owner is unable to make satisfactory alternative arrangements for

financing to the Contractor in accordance with the terms of the Contract within three
months of the event, the parties hereto shall be relieved from carrying out further
obligations under the Contract treating it as frustration of the Contract.

81.3 In the event referred to in sub-clauses 81.1& 81.2 above the parties shall mutually
discuss to arrive at reasonable settlement on all issues including amounts due to either
party for the work already done on quantum merit_ basis which shall be determined by
mutual agreement between the parties.

82.0 GRAFTS AND COMMISSIONS ETC.

Any graft, commission, gift or advantage given, promised or offered by or on behalf of

the Contractor or his partner(s), agent(s), officer(s), director(s), employee(s) or
servant(s) or any one on his or their behalf in relation to the obtaining or to the execution
of this or any other Contract with the Owner, shall in addition to any criminal liability
which it may incur, subject the Contractor to the cancellation of this and all other
Contracts and also to payment of any loss or damage to the Owner resulting from any
cancellation. The Owner shall then be entitled to deduct the amount so payable from
any monies otherwise due to Contractor under the Contract.

83.0 RESOLUTION OF DISPUTES

SETTLEMENT OF DISPUTES
83.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to
the extent possible, be settled amicably between the parties.

83.2 If any dispute or difference of any kind, whatsoever, shall arise between the Owner and
the Contractor, arising out of the Contract for the performance of the Works whether
during the progress of the Works or after its completion or whether before or after the
termination, abandonment or breach of the Contract, it shall, in the first place, be referred
to and settled by the Engineer, who, within a period of thirty (30) days after being
requested by either party to do so, shall give written notice of his decision to the Owner
and the Contractor.

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83.3 Save as hereinafter provided, such decision in respect of every matters so referred shall
be final and binding upon the parties until the completion of the Works and shall forthwith
be given effect to by the Contractor who shall proceed with the Works with all due
diligence, whether he or the Owner requires arbitration as hereinafter provided or not.

83.4 If after the Engineer has given written notice of his decision to the parties, no claim to
arbitration has been communicated to him by either party within thirty (30) days from the
receipt of such notice, the said decision shall become final and binding on the parties.

83.5 In the event of the Engineer failing to notify his decision as aforesaid within thirty (30)
days after being requested as aforesaid, or in the event of either the Owner or the
Contractor being dissatisfied with any such decision, or within thirty (30) days after the
expiry of the first mentioned period of thirty days, as the case may be, either party may
require that the matters in dispute be referred to arbitration as hereinafter provided.

84.0 ARBITRATION

84.1 All disputes or differences in respect of which the decision, if any, of the Engineer has
not become final or binding as aforesaid shall be settled by arbitration in the manner
hereinafter provided.

84.1.1 The arbitration shall be conducted by three arbitrators, one each to be nominated by the
Contractor and the Owner and the third to be appointed as an umpire by both the
arbitrators in accordance with the Indian Arbitration Act. If either of the parties fails to
appoint its arbitrator within sixty (60) days after receipt of a notice from the other party
invoking the Arbitration clause, the arbitrator appointed by the party invoking the
arbitration clause shall become the sole arbitrator to conduct the arbitration.

84.1.2 The arbitration shall be conducted in accordance with provisions of Indian Arbitration Act
1996 or latest amendment thereof.

84.2 The decision of the majority of the arbitrators shall be final and binding upon the parties.
The arbitrators may, from time to time with the consent of all the parties enlarge the time
for making the award. In the event of any of the aforesaid arbitrators dying, neglecting,
resigning or being unable to act for any reason, it will be lawful for the party concerned
to nominate another arbitrator in place of the outgoing arbitrator.

84.3 The arbitrator shall have full powers to review and/or revise any decision, opinion,
direction, certification or valuation of the Engineer in accordance with the Contract, and
neither party shall be limited in the proceedings before such arbitrators to the evidence
or arguments put before the Engineer for the purpose of obtaining the said decision.

84.4 No decision given by the Engineer in accordance with the foregoing provisions shall
disqualify him as being called as a witness or giving evidence before the arbitrators on
any matter whatsoever relevant to the dispute or difference referred to the arbitrators as
aforesaid.

84.5 During settlement of disputes and arbitration proceedings, both parties shall be obliged
to carry out their respective obligations under the Contract.
84.6 All questioins, disputes or differences, whatsoever which may at any time arise between
the parties to this contract in connection with the contract or any matter arising out of or
in relation there to shall be referred to the “Gujarat public works contracts disputes
arbitration tribunal” as per the provisions of the Gujarat public works contracts disputes
arbitration tribunalact,1992.

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 The reference to arbitration proceedings under this clause shall not
a) Affect the right of the Engineer -in charge to take possession of all or any
tools, plants, materials and stores, in or upon the work or site therof or
belonging to the contractor or procured by him and intended to be used for the
execution of the work or any part thereof.
b) Preclude the Engineer-in charge from utilizing the materials purchased by the
Contractor in any work or from removing such materials to other place, during
the period the work is stopped or suspended in pursuance of notice given to
the contractor under General Conditions.
c) Entitle the contractor to stop the progress of the work or carrying out the additional
or altered work in accordance with the prevision of General Conditions for the work
where there is no specifications.
d) Preclude the GETCO from getting the work done by another agency.
Neither party is entitled to bring a claim to arbitration latest by thirty days after
the expiration of the defects liability period.
The provisions of the Arbitration Act,1992, Gujarat Public Works Contract
Disputes Arbitration Tribunal Act, 1992, and rules made there under shall
apply to the arbitration proceeding under this clause. “

85.0 RECONCILIATION OF ACCOUNTS

The Contractor shall prepare and submit every two months, a statement covering
payments claimed and the payments received vis-à-vis the works executed, for
reconciliation of accounts with the Owner. The Contractor shall also prepare and submit
a detailed account of Owner Issue materials received and utilized by him for
reconciliation purpose in a format to be discussed & finalized with the Owner before the
award of Contract.

86.0 LABOUR LAWS:

86.0.1 Persons below the age of 18 years shall not be employed for the work. No female worker
shall be employed in the night shift between 07.00 p.m. and 06.00 a.m. next day.
86.0.2 Contractor shall maintain a valid labour license under the contract Labour (Regulation
and abolition) Act for employing necessary manpower required by him. In the absence
of such license, the contract shall be liable to be terminated without assigning any reason
thereof.
86.0.3 The Contractor shall at his own expenses comply with all labour laws and keep the
GETCO indemnified in respect thereof. Some of the major liabilities under various labour
and industrial laws which the Contractor shall comply with, are as under:
i) Payment of contribution by way of Employer’s Contribution towards provident
Fund, Family Pension Scheme, Deposit Linked Insurance Scheme,
Administrative charges, etc. at the rates made applicable from time to time by
the Government of Gujarat / Government of India or other Statutory Authority.
ii) Payment of deposit in respect of each contract labour at the rate of Rs. 30/- or
later prevailing rate with the Office of Commissioner of Labour as per the
Contract Labour (Regulation and Abolition) Act.
iii) License fee as prescribed under the Contract Labour (Regulation and Abolition)
Act and Rules framed there under depending upon the number of workmen.
iv) Paid leave facility and wages as per the provision of the Factories Act at the rate
of one day for every 20 days of working.

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 v) Identity cards as prescribed under the Factories Act with photo affixed thereto,
for identification.
vi) Payment of retrenchment compensation, Notice Pay and other liabilities as per
Industrial Dispute Act. Any payment to the Contractor’s employee arising out of
any claim of disputes under the Industrial Disputes Act 1947 or any other Labour
Laws.
vii) Payment of compensation in case of accidental injury.
viii) Provision of crèche if the female laborers employed are more than 30.
ix) Maternity Leave as per the provisions of the Maternity Benefit Act.
The above are some of the major liabilities of the Contractor in addition to other liabilities
prescribed under the various labour laws, in force from time to time, from Statutory
Authorities like State Government/ Government o India, which the Contractor shall have
to comply with.
86.1 PROVIDENT FUND AND FAMILY PENSION SCHEME:
The Contractor shall submit along with his bills (month wise) a statement regarding
deduction against employees Provident Fund and Family Pension Scheme in respect of
each concerned employee. Provident Fund and Family pension Scheme at the rate of
18% (or at the rate made applicable by the Government from time to time of the wages.
The Contractor’s contribution and his workers contribution towards Provident Fund and
Family Pension Scheme shall be deposited by the Contractor with Regional Provident
Fund Commissioner, Ahmedabad.
86.2 DEPOSIT LINKED INSURANCE SCHEME
The contractor shall have to deposit ½ % of the wages in respect of employees who is
a member of the Provident Fund, as the contribution to the Deposit Linked Insurance
Scheme with Regional Provident Fund Commissioner, Ahmedabad.
86.3 ADMINISTRATIVE CHARGES:
Administrative charges for maintaining Provident Fund Account shall be deposited by
the Contractor with Regional Provident Fund Commissioner, Ahmedabad at the rates
applicable.
86.4 PAID LEAVE FACILITY:
Paid Leave Facility at the rate of one day for every twenty days worked by the Contract
Labour, shall be provided by the Contractor to his workers. He shall maintain Leave
Records, Leave Cards, for individual laborer which shall be duly verified, approved and
certified by the authorized Officer of the GETCO.
86.5 WORKMAN’S COMPENSATION FUND AND EMPLOYER’S LIABILITY
INSURANCE:
The contractor shall cover all his employees under workmen’s compensation fund and
under the liability insurance. The purchaser shall not be responsible for any payments
of compensation to the workers/supervisor of the contractor for fatal or non-fatal
accidents during the pendency of the contract.
86.6 The contractor shall employ adequate number of experienced skilled at site for daily
supervision and for maintenance of various registers and records required under the law
and contract. No payment for supervision shall be admissible.
86.7 CONTRCTOR TO INDEMNIFY THE GETCO:
The Contractor shall Indemnify the GETCO and every member officer and employees of
the GETCO also, Engineer-in-Charge and his staff against all actions, proceedings,
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 claims, demands, costs and expenses whatsoever, arising out of or in connection with
the matters referred herein above elsewhere and against all actions, proceedings,
claims, demands, costs and expenses which may be made against the GETCO or
Government for or in respect of performance of his obligation under the contract
documents. The GETCO shall not be liable for intervention of authority Government for
or in respect of performance of his obligation under the contract documents. The GETCO
shall not be liable for or in respect of or in consequence of any accident or injury to any
workman or other person in the employment of the Contractor or his Sub-Contractor and
the contractor shall indemnify and keep indemnified the GETCO against all claims,
demands, proceedings, cost, charges and expenses whatsoever in respect thereof or in
relation thereto.
86.8 WORKMEN’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE
Insurance shall be effected for all the Contractor’s employee engages in the
performance of this contract. If any of the work is sublet, the Contractor shall required
the Sub-Contractor to provide workmen’s employer’s liability insurance for the latter’s
employees, such employees shall be covered under the Contractor’s Insurance.
86.9 WAGES TO BE PAID & TIME OF PAYMENT ETC. BY THE CONTRACTOR
a) The Contractor shall pay minimum wages per day to his Labours/ Workers as
per rates fixed under the minimum wages act. The wages of every Contract
Labour employed by him under this contract shall also be paid by him before the
expiry of 7th day of the last day of the month in respect of the wages are payable
(i.e. wages of a month have to be paid by him in the first week of the next month).
Any default will result in cancellation of contract forthwith or else the contractor
shall be punishable to the extent of Rs. 100/- per each day or as per the prevailing
rules of labour laws.
b) The Contractor shall give his Telephone Number and Address to the GETCO, so
that, in case of labour trouble etc. the Contractor can be contacted. The
Contractor shall arrange to have his office outside the factory work premises and
the Contractor shall arrange to have his office outside the factory work premises
and the Contractor shall keep himself present throughout the working hours.
86.10 REGISTRATION WITH PROVIDENT FUND OFFICE
I) The separate P.F. code issued from P.F. commissioner is required to be taken
by contractor.
ii) If the contractor does not possess separate P.F. code number of RPFC, his
tender will not be considered for acceptance.
iii) The contractor should mention separate P.F. code number allotted by RPFC,
along with the tender.
87.0 Termination of Contract:
In case of contractor fails to deliver the stocks or any consignment thereof within
contractual period of delivery or in case the stores are found not in accordance with
prescribed specification and/or the approved sample, the GETCO shall exercise its
discretionary power either:
87.1 To recover, from the contractor as agreed, by way of penalty clause above, or
87.2 To purchase from elsewhere after giving due notice to the contractor on account and
at the risk of the contractor for such stores not so delivered or other similar
description without canceling the contract in respect of the consignment not yet due
for delivery or

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88.00 To cancel the contract.
In the event of the risk purchase of stores of similar description, the opinion of the
GETCO shall be final. In the event of action taken under clause above, the contractor
shall be liable to pay for any loss which the GETCO may sustain on that account,
but the contractor shall not be entitled to have any saving on such purchases made
against default.
The decision of the GETCO shall be final as regards to the acceptability of stores
supplied by the contractor and the GETCO shall not be required to give any reason
in writing or otherwise at any time for rejection of the stores.
89.0 MATCHING OF END COST:
In case the GETCO decides to award contract on matching end-cost basis, the
bidder has to reduce all the quoted rates proportionately. The reduction on overall
basis will not be accepted (i.e. all unit rates of erection schedule shall be reduced
proportionately by difference in percentage). The confirmation for matching end cost
shall be given within 7 (seven) days from the letter from GETCO.
90.0 VENDOR REGISTRATION :

All new bidders / Vendors have to register themselves with the GETCO by paying
Rs.10,000/- (Non-refundable) plus GST as applicable. Regular suppliers are
registered automatically looking to their performance. They shall have to fill up a
prescribed form attached herewith within two months giving basic details of their set
up, turn over, ISO certification, etc. However, they shall have to re-register by paying
Rs.10,000/-(Non-Refundable) plus GST as applicable after 05 years from
01/03/2001. Factory inspection for new entrants is a must. Factory inspection shall
be conducted for the period of every 2 years from where the supplier is supposed
to supply the materials. This new rule shall come in to force after 06 months from
01/03/2001 so that party gets enough time for registration. However in the meantime
all the New Vendors shall have to pay Rs.10,000/-(Non-refundable) plus GST as
applicable towards registration fees as explained above, before submission of bids
and the proof of the same may be given with the technical bid otherwise tender will
be ignored out rightly.

Vendor registration upto tender value of Rs.1 Lac (One Lac) for the new entrant is
not required. However, Rs.1000/- plus GST as applicable towards Vendor
registration shall be payable for the tender value between Rs.1 Lac and including
upto Rs.5 Lacs. Vendor registration beyond Rs.5 lacs will be applicable and shall
have to pay Rs.10,000/- plus GST as applicable for new entrant as specified above.

If the New Vendors are already registered by paying of Rs.10,000/- (Non-

Refundable), then it is requested to please quote the Vendor Registration Number
date in Annexure–“X” which is attached with the tender and also enclose the copies
of Money Receipt and vendor registration letter in the EMD Cover.

If the tendered is new & not registered with the GETCO, then they should Pay
Rs.10,000/- plus GST as applicable before opening of the tender itself and the copy
of Money Receipt should be submitted in the EMD Cover, otherwise their tender will
be ignored without any further communication in the matter.

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91.0 INTRODUCTION OF LEAVY OF TCS.
TCS @ 0.075% / 0.1% will be payable extra subject to fulfilment of the
conditionsof sub section (1H) of section 206C of Income Tax Act, 1961. The
format of undertaking is attached as schedule – 20 in the tender.
92.0 Deduction of TDS under GST:
“TDS under GST @ 2 % (1 % CGST & 1 % SGST or 2 % IGST, as applicable)
or at the applicable rate from time to time, will be deducted from the bill of
the Suppliers / Contractors at the time of credit or payment. TDS certificates
in the prescribed format will be issued as per prescribed rules under GST.”

93.0 INCOME TAX (TDS)

 TDS under Income Tax will be deducted on purchase of goods by GETCO
@ 0.1% of the sum exceeding Rs. 50 lacs u/s 194Q from the bill of
suppliers/contractors at the time of credit or payment whichever is earlier. TDS
will be deducted on advance
payment being also made by GETCO to supplier. Further in some of the cases,
where TCS u/s 206 (1H) is applicable also along with TDS u/s 194Q, then only
TDS on purchase of Goods u/s 194Q shall be deductible, as TDS u/s 194Q
overrides TCS u/s 206C (1H).

 As per the Section 206AB of Income Tax Act, TDS under Income Tax will be
deducted at higher rates of the following rates: (non-fillers of ITRs for the past
two
fiscal years will be subjected to higher TDS).
(a) At twice the rate specified in the relevant provision of the Act
(b) At twice the rates in force
(c) At the rate of 5%
94.0 Bidder should follow the GOI guideline of Restrictions under rule 144 (xi) of
the General Financial Rules (GFRs), 2017 vide office memorandum
no. F.No.6/18/2019-PPD Dt: 23.07.2020. The copy of subject
memorandum is attached in technical specification of Tender.
95.0 All the financial documents/work done complication certificate/ ongoing contract
on hand to be submitted certified by CA and satisfactory completion certificate
from respective department should be submitted in notarized.
96.0 Responsibility for correctness of the information submitted in the bid lies with
bidder. If any information furnished in the bid is proved to be false at a later
date, GETCO reserveright to reject the bid and the bid will not only be rejected
but the bidder will be BLACKLISTED as per GUVNL Policy.

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