POWER TRANSMISSION CORPORATION OF UTTARAKHAND LTD.

(A Govt. of Uttarakhand Enterprise)

CHIEF ENGINEER, OPERATION & MAINTENANCE

GARHWAL ZONE, PTCUL
26 - CIVIL LINES, ROORKEE - 247667

E-TENDER DOCUMENT
WORK FOR SUPPLY & LAYING OF 132KV XLPE CABLE IN 132KV

JWALAPUR-RAILWAY LINE AT JWALAPUR RAILWAY STATION TO

PROVIDE POWER SUPPLY TO RAILWAY AGAINST E-TENDER

SPECIFICATION NO.CE/GZR-09/2023-24

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 SECTION II – ITB - PART – 1
INSTRUCTIONS TO BIDDERS

A. INTRODUCTION
1.0 General Particulars
1.1 The Power Transmission Corporation of Uttarakhand Ltd. (PTCUL), Dehradun hereinafter called
‘PTCUL’/’OWNER’ (the term would include PTCUL) intends to receive bids “Work of Supply & Laying of 132
kV XLPE cable in 132 KV Jwalapur-Railway line at Jwalapur Railway Station to provide power supply to
Railway” as detailed in the accompanying specification in accordance with Terms and Conditions herein. The
bids shall be prepared and furnished as per these Instructions.
2.0 Qualification Requirements of Bidders
2.1 To be qualified for award, the bidder shall provide following satisfactory evidence to the Owner of his
capability and adequacy of resources:
a) He is a qualified manufacturer/contractor who regularly manufactures/executes projects involving
the equipments of the type specified and has adequate technical knowledge and practical
experience (the Bidder shall submit documents defining legal status, registration and principal
place of business; written power of attorney of the signatory of the bid to commit the bidder,
performance record as manufacturer/contractor for supply and installation of materials and
equipments similar nature in the last seven years and details of works on hand in the past seven
years & contracts on hand.
b) He has adequate financial capability and stability to meet the financial obligations arising out of
the scope of works (the Bidder shall submit minimum five years of their Profit & Loss Account and
Balance sheet).
c) He has adequate field services organization to provide necessary field installation and
management services required to install, test and commission equipments/materials as required,
in these specifications and documents.
d) He has established organization and quality assurance programs to achieve the levels of
performance and reliability during manufacturing and installation activities (The Bidder has to
furnish details of key personnel in the organization, quality assurance plans & procedures and
wherever applicable sources of supply for all equipments & materials bought out supported by
documents supporting their technical capability).
e) In addition, the Qualifying Requirements if any, in the ‘Special Conditions of Contracts’ shall also
be applicable.
2.2 Joint Venture Firms
(a) In case a bid is submitted by a bidder as a Joint Venture (JV) firm then such joint venture will be
allowed for a maximum of two firms only where one will be the lead partner and the other firms will
be treated as JV partners
(b) In case of Joint Venture, the following conditions shall also apply:
(c) One of the partners shall be nominated as lead Partner, and this authorization shall be evidenced
by submitting a Power of Attorney signed by legally authorized signatories of all the partners.
(d) The Lead Partner shall be authorized to incur liabilities and receive instructions for and on behalf
of any partners of the Joint Venture, and the entire execution of the Contract, including payment,
shall be done exclusively with the Lead PARTNER
(e) All partners of the Joint Venture shall be liable jointly and severally for the execution of the
Contract in accordance with the contract terms , and a statement to this effect shall be included in
the authorization mentioned under 2.0 (c) above as well as in the Bid Form and in the Contract
Form( in case of a successful Bid )
(f) Agreement entered into by the joint venture partners shall be submitted with the bid and will
remain in force during the tenancy of contract and Guarantee Period thereafter.
(g) The lead partner of the Joint Venture firm should meet 100% of the technical qualifying
requirement (TQR) of the respective tender.
All partners of JV firm should have the experience for activities of construction/ manufacturing of
items or equipment’s/supply of items or equipment’s or products meant for transmission utilities
only.
For Financial Qualification Criteria, lead partner of JV Firms should meet minimum 50% of
Financial Qualification Requirement (FQR) and collectively meet total Financial Qualification
Requirement of the respective tender. All partners of JV Firms should have the experience of
similar nature of work/supply meant for transmission utilities only.
The above cited requirements are only indicative. The owner reserves the right to requisition any
other relevant information and also reserves the right to reject the Bid proposal of any Bidder, if in the
Owner’s opinion the Qualification data is incomplete and Bidder is not qualified to perform the
Contract satisfactorily.

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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.
B. BID DOCUMENTS
4.0 Details of Documents
4.1 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. Instructions to Bidders (ITB-Part I)
b. General Conditions of Contract (GCC-Part I)
c. Erection Conditions of Contract (ECC-Part I)
d. Special Conditions of Contract (SCC-Part I)
e. Technical Specifications (TSP-Part II)
5.0 Knowing the Bid Documents
5.1 Every intending Bidder is to examine and understand all instruction, 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 so as to reach this
office, not later than fifteen (15) days from the date of invitation of Bids/Uploading of Bid Documents
on the website, to the owner in triplicate. No request for clarifications will be entertained after pre bid
meeting. 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 anyway be binding on the Owner.
7.0 Amendment of Bidding Document
7.1 At any time prior to the deadline for submission of Bids the Owner may, for any reasons, whether at
his own initiative or in response to a clarification requested by the intending Bidder, modify the
Bidding Document with amendments(s).
7.2 The amendment will be notified in writing by fax/e-mail/website 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.
C. PREPARATION OF BIDS
8.0 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.
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 bidder, 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

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 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
be Bidder.
10.0 Documents Comprising the Bid:
10.1 The Bidder shall also submit documentary evidence to establish that the Bidder meets the
Qualification Requirements as detailed in Clause 2.0 above and Special Conditions of Contract
(including Clause 11 of ITB).
10.2 All required formats along with supporting/general documents are to be filled in all respects and
uploaded on www.uktenders.gov.in.
10.3 The Bid Guarantee (EMD) shall be furnished in a separate cover in accordance with clause specified
in ITB.
11.0 Scope of the Proposal
11.1 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 Engineering.
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 & conservation of equipment at the site.
f) Pre-assembly, if any, erection, testing and commissioning of all the equipments.
g) Reliability tests, and, performance and guarantee tests, on completion of commissioning.
11.2 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 tender bid
conditions may appropriately be taken into consideration. Bidders are required to furnish a certificate
in this regard as per the format provided in bid document 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.
11.3 Bids not covering the above cited entire scope of works may be treated as incomplete and hence
rejected.
11.4 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.
12.0 Bid Price
12.1 The Bidder shall indicate, in the appropriate price schedules, enclosed in bid proposal sheets, the unit
prices (plus GST as applicable separately for each unit) of the goods the price for erection,
testing and commissioning, price for associated civil, structural works and other services it proposes
to furnish under the contract, along with the total bid price (plus GST as applicable separately).
12.2 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 provided by the bidder.
This break up shall be entered separately for each item in the prescribed format of price bid.
i. The price of the goods quoted ex-factory/ex-works/ex-warehouse as applicable.
ii. Goods and Service tax (GST), which will be payable by, the owner on the goods if this contract is
awarded.
iii. Inland transportation charges including handling charges and other costs involving to delivery of the
goods to their final destination, & insurance charges.
iv. The cost of erection, testing and commissioning as well as associated civil, structural works.
12.3 The bidder’s separation of price components in accordance with clause 12.2 supra will be solely for the
purpose of the facilitating the comparison of Bids by the owner, for the 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.
13.0 Price Basis
13.1 The Price shall be firm except for power/auto transformers (If applicable). Price variation on
Power/Auto transformers shall be applicable as per IEEMA.
14.0 Taxes and Duties
14.1 Bought out items from vendors/sub-suppliers
Goods and Service tax or any other levies payable on equipment/material components, sub-
assemblies, raw materials and any other items used for the bidder’s consumption or dispatched
directly to the owner from its sub-supplier shall be included in the Bid price and any such taxes, duties
levies additionally payable shall be to bidders account and no separate claim on this behalf shall be
entertained by the owner.
14.2 Material supplied by the bidder from his own manufacturing units to the owner:

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 Goods and Service Tax or any other levies in respect of the direct 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 clause 12.0 supra.
14.3 Tax Deduction at Source
In case of work contract, the owner will deduct the TDS out of supplier’s bills as per GST Act
14.4.1 As regards the income Tax, surcharge on income tax and any other corporate tax if any (etc.), 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.
14.4.2 Notwithstanding the tax liabilities as per the sub-clause 14.1 above the owner shall have the right to
make deduction at source form 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.
14.5 Whenever concessional rate of Goods and Service Tax indicated by the bidders, the payment shall
be limited to the rates quoted by the bidder during the currency of contract.
14.6 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. Besides the said statutory variation, no other statutory variation shall be payable by the owner.
14.7 The owner’s liability for all taxes and duties under the contract shall be limited to those indicated by
the Bidder in the Bid Proposals Sheets, subject to the statutory variations and variations as per
Clause No. 14.6 supra.
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 by-law having the force of law the amount of such increase or reduction shall
be added to or reduced from the “Contract Price. It is the Bidders responsibility to furnish details of
taxes, duties, levies etc. applicable as on the date of submission of the bid.
14.8 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.
14.9 Before quoting, the bidder may ascertain from the concerned GST authorities regarding the
applicability of taxes 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.
14.10 In addition, the conditions detailed under Special Conditions of Contract shall apply.
15.0 Time Schedule
15.1 The basic consideration and the essence of the Contract shall be strict adherence to the time
schedule for performing the specified works.
15.2 The Owner’s requirements of completion schedule for the Works are mentioned in the accompanying
Special Conditions of Contract
15.3 The completion schedule as stated in the special conditions of contract shall be one of the major
factors in consideration of the bids.
15.4 The owner reserves the right to request for a change in the work schedule during pre-award
discussions with successful bidder.
15.5 The successful bidder will be required to prepare detailed PERT Network/detailed Bar chart and
finalize the same with the owner as per the requirement.
16.0 Contract Quality Assurance
16.1 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.
16.2 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.
16.3 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.
17.0 Insurance

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 The Bidder’s insurance liabilities pertaining to the scope of Works are detailed out in Clauses titled
Insurance, in General Terms and Conditions of Contract and in Erection Conditions of this Part-I.
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.
18.0 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. If any such
equipment is listed anywhere else in the proposal and not specially mentioned in the above schedule,
it shall be deemed to have been included in the Bidder’s proposed scope of supply.
19.0 Brand Names
19.1 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.
19.2 The bidder shall note 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.
20.0 Bid Security/EMD
20.1 The bidder shall furnish, as a part of its bid, EMD/ Bid Security for an amount Rs. 8,31,000.00 to be
paid as under:
a) In the form of FDR/CDR drawn in favour of Superintending Engineer (O&M), Electricity
Transmission Circle, Roorkee payable at Roorkee. Alternatively it can be furnished in the form of
Bank Guarantee as per Performa enclosed.
b) Validity Period –The bids offered should be valid for a minimum period of 180 days from the date
of opening of Technical bid and validity of bid security will be for period of 45 days beyond the
final bid validity period.
20.2 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.
20.3 Any bid not secured in accordance with Para 20.1 above will be rejected by the Owner as non-
responsive. No exemptions are made in the furnishing of the security.
20.4 Unsuccessful Bidder’s Bid Security/ EMD will be returned /refunded on finalization of tender & 30
days after the award of the contract.
20.5 The successful bidders, Bid Security will be discharged upon, furnishing the contract performance
guarantee.
20.6 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).
21.0 Bids shall be submitted as under:
The tender document can be seen/downloaded from e- tender website www.uktenders.gov.in.
The bidder has to quote their prices in ‘price bid format/BOQ in excel sheet’ only as given on e-
tender website. The price bid in PDF is strictly not to be submitted/uploaded. The schedule P4
(Price Incidence of Deviation) is given in excel format. If applicable, the bidder shall fill the same and
upload with the price bid in PDF format.
The bidder has also to upload the duly filled ‘PQR sheet in excel’ in pdf format on e tender website.
All the tender documents will be carried out only through E-tendering mode and the bidder has to
submit all his tender documents (Like PQR Sheet and Price Bid) in the e-tendering website
www.uktenders.gov.in and in the mean time the bidders has to scan their Earnest Money Deposit
(EMD), and all the pre-qualifying documents/Supporting Documents for uploading and also submit the
hard copy of the same (One set duly stamped, signed & page numbered) to the office within the
last date and time of the submission of tender.
22.0 Signature of Bids

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22.1 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.
22.2 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).
22.3 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.
22.4 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.
22.5 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.
22.6 The Bidder’s name stated on the proposal shall be the exact legal name of the firm.
22.7 Bids not conforming to the above requirements of signing may be disqualified and EMD forfeited.
22.8 The Bid shall be submitted online only. The Bids submitted after the Due Date and Time of closing
are liable to be rejected. Telegraphic/Telex/Fax/e-mail Bids shall not be entertained.
23.0 Deadline for Submission of Bids
23.1 The Bidders have to submit their bids only through online submission. 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.
23.2 Bids must be received via online by the Owner, not later than the time & date mentioned in the
Invitation to Bid.
23.3 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.
24.0 Late Bids
24.1 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.
25.0 Modification and Withdrawal of Bids
25.1 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.
25.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in
accordance with the provisions of clause 23.0. The envelope should clearly indicate whether the
modification is for the Technical bid or for the Price bid. No bid modifications notice by
Telex/Grams/Fax shall be entertained by the Owner.
25.3 No bid shall be modified in any manner, whatsoever subsequent to the deadline for submission of
bids.
25.4 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.
26.0 Information required with the proposal
26.1 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.
26.2 The above information shall be provided by the Bidder in the form of separate sheets, drawings,
catalogues, etc. in five copies.
26.3 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 deviation from these drawings and descriptive
material submitted will not be permitted during the execution of the contract without specific written
permission of the Owner.
26.4 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.
26.5 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.

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26.6 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.
26.7 In case the ‘Proposal’ information contradicts specification requirements, the specification
requirements will govern, unless otherwise brought out clearly in the technical commercial deviation
schedule.
E. BID OPENING AND EVALUATION
27.0 Opening of bids by owner
27.1 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
downloaded and submitted the bidding document. The Bidder’s representative who are present shall
sign a register evidencing their attendance.
27.2 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.
27.3 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/e-mail/speed post,
atleast one week in advance if found appropriate after evaluation of Technical bids.
27.4 The Bidder’s name, lump sum Bid Price, all discounts if any, modification 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.
27.5 No electronic recording/transmitting devices will be permitted during Bid opening.
28.0 Purpose of Evaluation of Bids
28.1 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.
29.0 Policy for Bids under consideration
29.1 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.
29.2 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.
30.0 Preliminary Examination
30.1 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.
30.2 Arithmetical errors will be rectified on the following basis:
If there is 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 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.
30.3 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/ supply of plants 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.

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30.4 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.
30.5 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 the any Bidder.
31.0 Evaluation of Price Bids
31.1 Definitions and Meanings
For the purpose of the evaluation and comparison of bids, the following meanings and definition will
apply:-
a) ‘Bid Price’ shall mean the price quoted by each Bidder in his proposal for the complete scope of
works.
b) ‘Differential Price’ shall mean the summation of the equalizing elements of price for parameter
differential or deficiencies in the equipment and services determined from the Bidder’s proposal.
c) ‘Cost compensation for Deviations’ shall mean the rupee value of deviations from the bidding
document as determined from the Bidder’s proposal.
d) ‘Evaluated Bid Price’ shall be summation of ‘Bid Price’, ‘Differential Price’ and ‘Cost
Compensation for Deviations’.
32.0 Calculation of differential Price & Cost Compensation for Deviations
The Differential Price to be added to the Bid Price of each bid during evaluation and comparison
shall be derived as under:
Differential Price (DP)=n1F1+n2F2…….where F1, F2…...Fn are the various factors in Indian
Rupees per unit of parameter differential or deficiency in the equipment and services offered as
stipulated in these specifications: n1, n2…,nn are the respective parameter differential or deficiency
in the corresponding units to be determined form the Bidder’s proposal. The above factors and
corresponding units of parameter differential are derived from the Technical Specifications, Data
sheets and/or Special Conditions of Contract.
Deviations from the Bidding Documents in so far as practicable will be converted to a Rupee value
(D) while evaluating the bids. In determining the Rupee value of the deviations the Owner will use
parameters consistent with those specified in the specifications and documents and or other
information as necessary and available to the Owner.
32.1 Comparison of Bids
The bids shall be compared on the basis of lump sum prices (i.e. for supply portion and price for
services & civil works to be rendered as quoted by the Bidder) for the entire scope to the proposal
as defined in the Bidding Document.
For comparison purposes all the evaluated bid prices shall be in Indian Rupees as under:
W = Q + DP + D
Where
W = Total Comparison Price
Q = Bid Price quoted by the bidder in Indian Rupees (Value of equipments/materials
including taxes and duties plus components of erection cost including civil engineering works &
mandatory spares and other components if any.)
DP = Different price in Indian Rupees calculated as above.
D = Cost compensation for deviations calculated as above.

All evaluated bid prices of all the bidders shall be compared among themselves to determine the
lowest evaluated bid and, as a result of this comparison, the lowest bid will be selected for the
award of the Contract.
F. AWARD OF CONTRACT
33.0 Award Criteria
33.1 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.
33.2 In case of award of Contract on a bidder there shall be separate contracts one for supply of goods,
the second for erection & services.
33.3 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,
34.0 Owner’s right to accept any bid and to reject any or all bids:
34.1 The Owner reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids at time prior to award of contract, and 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.
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35.0 Notification of award
35.1 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 e-mail or FAX, to be confirmed
in writing by registered letter, that his bid has been accepted.
35.2 The notification of award will constitute the formation of the Contract.
35.3 Upon the successful Bidder’s furnishing of performance guarantee pursuant to relevant clause 37.0,
the Owner will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant
to Clause 20.0.
36.0 Signing of Contract
36.1 After the Owner notifies the successful Bidder that his bid has been accepted, which shall be
confirmed by the bidder as accepted, the owner will send the Bidder the letter of Award,
incorporation all agreements between the parties.
36.2 Within 15 days of receipt of the letter of Award, the successful bidder shall sign the same with date
and return it to the Owner, & execute the signing of the contract.
37.0 Contract Performance Guarantee cum security deposit:
37.1 As a contract performance guarantee cum security deposit, the successful bidder, to whom the
work is awarded, shall be required to furnish a Performance Guarantee cum security deposit, in
form of Bank Guarantee on prescribed Performa. The Guarantee amount shall be equal to ten
percent (10%) of the Contract price and it shall guarantee the faithful performance of the Contract in
accordance with the terms and conditions specified in these documents and specifications. The
guarantee shall be valid up to 60 days after the end of Warranty Period.
37.2 The Performance Guarantee cum security deposit 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
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/Special
Conditions of Contract.
37.3 The Contract Performance Guarantee cum security deposit 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
37.4 The performance guarantee cum security deposit will be discharged without any interest at the end
of guarantee period, unless otherwise specified in Special Conditions of Contract.
38.0 Splitting of Order:
The purchaser reserves the right to split the order among various successful tenderers in any manner
he chooses without assigning any reasons whatsoever.
39.0 Delivery Schedule/Completion Period:
The work shall be completed within 365 days from the date agreement/LOA or from the date of start
which shall be given by Engineer In charge.

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 SECTION –GCC
GENERAL TERMS & CONDITIONS OF CONTRACT

A. INTRODUCTION
1.0 Definitions of Terms
1.1 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.
1.2 ‘Owner’ shall mean the Power Transmission Corporation of Uttarakhand Ltd., Dehradun or any of
its subsidiaries and shall include its legal representatives, successors and assigns.
1.3 ‘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.
1.4 ‘Sub-Contractor’ shall mean the person named in the Contract for any part of the Works or any
person to whom any part to 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.
1.5 ‘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.
1.6 The terms ‘Equipment’, ‘Stores’ and ‘Materials’ shall mean and include equipment, stores and
materials to be provided by the Contractor under the Contract.
1.7 ‘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.
1.8.1 ‘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.
1.9.1 ‘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.
1.10 The term ‘Contract Price’ shall mean the lump-sum 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.
1.11 The term ‘Equipment Portion’ of the Contract price shall mean the ex-works value of the
equipment/Materials supplied including structures, Transmission line materials such as insulators,
conductors etc.
1.12 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.
1.13 ‘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.
1.14 Site Engineer ‘Inspector’ shall mean the owner’s Engineer 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.
1.15 ‘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.
1.16 ‘Order’ shall mean the official letter issued by the Owner informing the acceptance of the bid.
1.17 ‘Date of Contract’ shall mean the date on which Notice of Award of Contract/Letter of Award has
been issued.
1.18 ‘Month’ shall mean the calendar month. ‘Day’ or ‘Days’ unless herein otherwise expressly defined
shall mean calendar day or days of 24 hours each.
A ‘Week’ shall mean continuous period of seven (7) days.
1.19 ‘Writing’ shall include any manuscript, type written or printed statement, under or over signature
and/or seal as the case may be.
1.20 When the words ‘Approved’, ‘Subject to Approval’, ‘Satisfactory’, ‘Equal to’, ‘Proper’, ‘Requested’,
‘As Directed’, ‘Where Directed’, ‘When Directed’, ‘Determined by’, ‘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.
1.21 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.

11
1.22 ‘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.
1.23 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.
1.24 ‘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.
1.25 ‘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.
1.26 ‘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.
1.27 ‘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 Factory Act, 1884 and Rules and Regulations made there under.
e) Indian Explosives Act, 1934 and Rules and Regulations made there under.
f) A.S.M.E Test Codes
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.
1.28 Words imparting the singular only shall also include the plural and vice-versa where the context so
requires.
1.29 Words imparting ‘Person’ shall include firms, companies, corporations and associations or bodies of
individuals, whether incorporated or not.
1.30 Terms and expression 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.
1.31 In addition to the above the following definitions shall also apply.
α) ‘All equipment and materials’ to be supplied shall also mean ‘Goods’ and ’plants’.
β) ‘Constructed’ shall also mean ‘erected and installed’.
χ) ‘Contract Performance Guarantee’ shall also mean ‘Contract Performance Security’.
2.0 Application
The General Conditions shall apply to the extent that they are not superseded by provisions in other
parts of the Contract.
3.0 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.
4.0 Language and Measures
All documents pertaining to the Contract including specifications, schedules, notices,
correspondences, operating and maintenance instruction, drawing or any other writing shall be
written in English language. The Metric System of measurement shall be used exclusively in the
Contract.
5.0 Contract Documents

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5.1 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, Instructions to Bidders,
General Terms and Conditions of Contract and all other documents included under volume-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, 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 variation to the conditions to the documents and special terms
and conditions of Contract, of the Owner/Consultant.
5.2 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.
6.0 Use of Contract Documents and Information
6.1 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.
6.2 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.
6.3 The Contractor shall not communicate or use 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.
6.4 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 .
7.0 Construction of the Contract
7.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract to be entered into
will be treated as a divisible Supply and Erection Contract
Award shall be placed on the successful Bidder as follows:
i) First Contract: For Ex-works supply of all equipment and materials.
ii) Second Contract: For providing all other services like inland transportation, insurance for
delivery at site, unloading, storage, handling at site, installation, testing and commissioning
including performance testing in respect of all the equipment material supplied under the “First
Contract” and other equipment/materials given by the owner for transport from owner’s stores,
insurance, unloading storage handling at site installation testing & commissioning.
7.2 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 to the Owner in
the from acceptable to the PTCUL for keeping the equipment in safe custody and to utilize the
same exclusive for the purpose of the said Contract. Proforma for the Indemnity Bond is annexed.
7.3 The Contract shall in all respects be construed and governed according to Indian Laws.
7.4 It is clearly understood that 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).
8.0 Jurisdiction of the Contract
8.1 The laws applicable to the Contract shall be the laws in force in India. The Courts of
Roorkee/Uttarakhand shall have exclusive jurisdiction in all matters arising under this Contract.
9.0 Execution of Contract
9.1 The Contract Agreement, unless otherwise agreed to, shall be signed within 30 days of the
acceptance of the notification at the office of the Owner at Dehradun 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

13
 beyond the stipulated time, the Bid Guarantee submitted with Proposal will have to be extended
accordingly.
9.2 The Agreement will be signed in copies to be specified and the Contractor shall be provided with
one signed and the rest will be retained by the Owner.
9.3 The Contractor shall provide free of cost to the Owner all the Engineering data, drawing, and
descriptive materials submitted with the bid, to form a part of the Contract immediately after issue of
Letter of Award.
9.4 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 Contract.
10.0 Enforcement of Terms
10.1 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.
11.0 Completion of Contract
11.1 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’ in this section of the Volume-I
B. GUARANTEES & LIABILITIES
12.0 Time – The Essence of Contract
12.1 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, shall be deemed to
be the essence of the Contract. The Contractor shall so organize his resources and perform his
work, so as to complete it not later than the date agreed to.
12.2 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
discus 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.
12.3 Based on the above agreed network/bar chart, fortnightly reports shall be submitted by the
Contractor as directed by the Engineer.
12.4 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 once every two months thereafter.
12.5 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.
13.0 Effectiveness of Contract
The Contract shall be considered as having come into force from the date of the notification of
award unless otherwise provided in the notification of award.
14.0 Penalty for Delay
14.1.1 If the Contractor fails to successfully complete the commissioning/supply within the time fixed under
the Contract, the Contractor shall pay to the Owner as penalty a sum specified for each specified
period of delay. The details of such penalty are brought out in the accompanying Special Conditions
of Contract (SCC)
14.1.2 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.
14.1.3 The total amount of penalty for delay under the Contract will be subject to a maximum of 10% of the
Contract value.
15.0 Guarantee
15.1 The Contractor shall warrant that the equipment will be new, unused and in accordance with the
Contract documents and free form defects in material and workmanship for a period of 60 months
commencing immediately upon the satisfactory commissioning. The Contractor’s liability shall be
limited to the replacement of any defective parts in the equipment of his own manufacture or those
14
 of his Sub-Contractors under normal use and arising solely form 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 part 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.
15.2 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 notify 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.
15.3 If it becomes necessary for the Contractor to replace or renew any defective portions of the works
the provision of this clauses shall apply to portion of the works so replaced or renewed until the
expiry of Two Years 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 Owner may have against the Contractor in respect of
such defects.
15.4 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.
15.5 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.
15.6 The acceptance of the equipment by the Engineer shall in no way relieve the Contractor of his
obligations under this clause.
15.7 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.
15.8 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. 15.1 through 15.7 above shall
remain till the end of 06 Months from the date of completion of guarantee period.
In respect of goods supplied by Sub-Contractors to the Contractor where a longer guarantee (more
than 06 months) is provided by such Sub-Contractor, the Owner shall be entitled to the benefits of
such longer guarantee.
15.9 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.
b) In cases of normal wear and tear of the parts to be specifically mentioned by the Contractor in
the offer.
16.0 Taxes, Duties & Licenses
The Contractor shall be liable to pay all 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 lawfully assessed against the Contractor for his
personal income & property.
17.0 Replacement of Defective Parts and Materials
17.1 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 expenses within
seven (7) days of his receiving the notice, or otherwise, within such time as may be reasonably
necessary or 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 the Contract which the Owner
may otherwise have in respect of such defects and deficiencies.
17.2 The Contractor’s full and extreme liability under the clause shall be satisfied by the payment to the
Owner of extra cost, involved in procurement of such replacement including erection as provided
for in the Contract, such extra cost being the ascertained difference between the price paid by the

15
 Owner for such replacements and the Contract Price by portion for such defective
equipment/materials/works and repayments of any sum paid by the Owner to the Contractor in
respect of such defective equipments/materials. 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.
18.0 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 fees 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 expenses, 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.
19.0 Defense 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 in 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.
20.0 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 payment.
21.0 Engineer’s Decision
21.1 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.
21.2 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.
21.3 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.
22.0 Power to Vary or Omit Work
22.1 No alterations, amendments, omission, suspensions or variations of the Works (hereinafter referred
to as ‘variation’) under the Contract as detailed on 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 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

16
 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.
22.2 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, drawing 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.
22.3 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.
22.4 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.
22.5 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.
22.6 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 of this Volume-I. 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.
23.0 Assignment and Sub-Letting of Contract
23.1 The Contractor may, after informing the Engineer and getting his written approval, assign or sub-let
the Contract or any part thereof other than for raw material, for minor details 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 subjected to approval by the Engineer. The
experience list of equipment vendors under consideration by the Contractor for the Contract shall be
furnished to the Engineer for approval prior to procurement of all such items/equipment. Such
assignment/sub-letting shall not relieve the Contractor of any obligation, duty or responsibility under
the Contract. Any assignment as above, without prior written approval of Engineer, shall be void.
23.2 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
specification, quality plans and delivery conditions shall be furnished to the Engineer by the
Contractor.
24.0 Change of Quantity
24.1 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 Special Conditions of
Contract 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 a percentage of
the Contract price as specified in the Special Conditions of Contract.
24.2 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, except as, if provided for, in the bid document. In
case the unit rates are not available for the change in quantity, the same shall be subjected to mutual
agreement.
25.0 Packing, Forwarding and Shipment

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25.1 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.
25.2 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.
25.3 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.
25.4 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-dispatch clearance certificate, if any
Test Certificate, wherever applicable
Insurance Certificate.
25.5 The Contractor shall prepare detailed packing list of all packages and containers, bundles and loose
materials forming each and every consignment dispatched 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.
26.0 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.
27.0 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 waiver of any other or subsequent breach.
28.0 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 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.
29.0 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, charts, networks, photographs, test certificates, etc. Such progress reports shall be in
the form and size as may be required by the Engineer.
30.0 Taking Over
Upon successful completion of all the tests to be performed at Site on equipment furnished and
erected by the Contractor, the Engineer shall issue to the Contractor a Taking over Certificate 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.
C. CONTRACT SECURITY AND PAYMENTS
31.0 Contract Performance Guarantee cum Security Deposit
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 i) The Contractor shall furnish Contract Performance Guarantee(s) cum security deposit for the
proper fulfillment of the Contract in the prescribed form within thirty (30) days of “Notification of
Award of Contract”. The performance guarantees(s) shall be as per terms prescribed.
ii) Performance security shall be valid for a period of 60 days beyond the date of completion of all
contractual obligations of the supplier/ bidders including warranty obligation.
32.0 Payment
32.1 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.
32.2 Currency of Payment
All payments under Contract shall be in Indian Rupees only.
32.3 Terms
Payment terms will be as prescribed in the special conditions of contract and on fulfillment of
conditions specified thereof.
32.4 Payment Schedule
The Contractor shall prepare and submit to the Engineer for approval, a break up of the Contract
Price. This Contract Price break-up shall be interlinked with the agreed detailed PERT network of the
Contractor setting forth his starting and completions date for the various key phases of Works
prepared as per conditions in Clause 12.0 of this Section GCC of Volume I and in accordance with
milestone linked payment schedule given in the technical specifications. Any payment under the
Contract shall be made only after the Contractor’s price break up is approved by the engineer. The
aggregate sum of the contractors price break up shall be equal to the lump sum Contract Price. A
price breakup over valuing those items of supply which will be shipped first will not be accepted.
32.5 Application for Payment
32.5.1 The Contractor shall submit application for the payment in the prescribed Performa of the Owner.
Performa for application for payment will be as prescribed.
32.5.2 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.
32.5.3 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.
32.6 Mode of Payment
32.6.1 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.
32.6.2 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.
All payments under the Contract shall be made as stipulated in the Special Conditions of 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 certificate 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.
32.6.3 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.
33.0 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
19
 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.
D. RISK DISTRIBUTION
34.0 Transfer of Title
34.1 Transfer of title in respect of equipment and materials supplied by the Contractor to PTCUL pursuant
to the terms of the Contract shall pass on to PTCUL with negotiation of dispatch documents.
34.2 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.
34.3 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.
35.0 Insurance
35.1 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
underwriter 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 owner and 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.
35.2 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.
35.3 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, 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 upto 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.
35.4 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.
35.5 The clause entitled ‘Insurance’ under the section ECC of the Volume-I, covers the additional
insurance requirements for the portion of the works to be performed at the Site.
35.6 Special Conditions of Contract details out the various insurance liabilities.
36.0 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.
37.0 Delays by Owner or His Authorized Agents
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37.1 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.
37.2 In addition, the Contractor shall be entitled to claim demonstrable and reasonable compensation if
such delays have resulted in any increase in cost. The Owner shall examine the justification for such
a request for claim and if satisfied, the extent of compensation shall be mutually agreed depending
upon the circumstances at the time of such an occurrence.
38.0 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.
39.0 Force Majeure
39.1 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 and embargoes.
Provided either party shall within fifteen (15) days from the occurrence of such a cause notify the
other in writing of such causes.
39.2 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.
40.0 Suspension of Work
40.1 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.
40.2 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.
41.0 Contractor’s Default
41.1 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 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 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 Contract to take the work wholly or in part,
out of the Contractor’s hands and re-contract 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 Contractor over the
same, and the Owner shall be entitled to retain and apply any balance which may otherwise be due
on the Contract by him to the Contractor, or such part thereof as may be necessary, to the payment
of the cost of executing the said part of the Works or of completing the Works as the case may be. If
the cost of completing of works or executing part thereof as aforesaid shall exceed the balance due
to the Contractor shall pay such excess. 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.
41.2 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 as defined in Clause 14.0 of this Section.
41.3 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

21
 thereof. The Contract Performance Guarantee shall be valid for the full value and for the full period
of the Contract including guarantee period.
42.0 Termination of Contract on Owner’s Initiative
42.1 The Owner reserved 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.
42.2 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 subcontracting 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.
42.3 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies and
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 incompleted
part, without being 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.
43.0 Frustration of Contract
43.1 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 43.3 below:
43.2 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.
43.3 In the event referred to in sub-clauses 43.1 & 43.2 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.
44.0 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.
F. RESOLUTION OF DISPUTES
45.0 Settlement of Disputes
45.1 If a dispute of any kind, whatsoever, arises between the procuring entity and contractor in
connection with or arising out of the contract or the execution of the works, whether during the
execution of the works or after their completion and whether before or after the repudiation or
termination of the contract, including any disagreement by either party with any action, inaction,
opinion, instruction, determination, certificate or valuation of the Engineer; the matter in dispute shall,
in the first place, be referred to head of construction management group in whose jurisdiction the
execution of contract pertains.
45.2 Arbitration:-
a) All questions and disputes relating to the meaning of the specifications, design, drawings and
instructions herein and as to the quality of workmanship or materials used on the work or as to
any other question, claim, right, matter or thing, whatsoever in any way arising out of or relating to

22
 the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions
or other wise concerning the works or the execution or failure to execute the same, whether
arising during the progress of the work or after the cancellation, termination, completion or
abandonment thereof, shall be referred to a sole arbitrator for adjudication through arbitration. The
arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation
Act, 1996 or any statutory modifications or re-enactment thereof and the rules made there under
and for the time being in force, shall apply to the arbitration proceedings.
b) An officer not below the rank of additional secretary to the State Government or from the panel or
Arbitrators if any, drawn by the Government, may be appointed to act as arbitrator by an
appointing authority, which should normally be an officer not below the rank of Secretary to the
Government. The appointing authority of arbitrator is Secretary Energy, Government of
Uttarakhand.
c) The venue of arbitration shall be Roorkee.
45.3 During settlement of disputes and arbitration proceedings, both parties shall be obliged to carry out
their respective obligations under the Contract.
46.0 Reconciliation of Accounts
The Contractor shall prepare and submit every six 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.

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 SECTION–II - SCC - PART-I
SPECIAL CONDITIONS OF CONTRACT

1.0 General Particulars

This part of the Bid Document relates to certain specific/special terms and conditions particular to the
Contract. The provisions herein are to be read and understood in conjunction with the relevant
provisions elsewhere in the instructions to Bidders (ITB), the General Conditions of Contract (GCC)
and Erection conditions of Contract (ECC). The intent of provisions herein are specific to this contract
and are, in general, supplementary to related provisions under ITB, GCC and ECC. However, in
certain provisions which are contrary to those in ITB, GCC and ECC, the provisions in these Special
Conditions of Contract will prevail.
2.0 Tender Fee
The tender fee specified in notice inviting tender or any amendment/corrigendum thereof, is payable
by Demand Draft (DD) at Roorkee drawn on any Scheduled Bank in favour of Superintending
Engineer (O&M), Electricity Transmission Circle, Roorkee The same will be furnished as per NIT and
proof in Cover-I of Bid along with EMD (Bid Security) and schedule-C (declaration of bid validity on
100 Rs Stamp Paper)
3.0 Earnest Money Deposit (EMD)
3.1 The EMD is payable as under:
3.2 EMD may be paid by FDR/CDR in favour of Superintending Engineer (O&M), Electricity
Transmission Circle, Roorkee on any Scheduled Bank in Roorkee OR by Bank Guarantee from
any Scheduled Bank /Nationalized Bank in the format provided herein.
3.3 Payment by Cheque/Co-op Bank Guarantee/Company Guarantee is not permissible.
4.0 Declaration by Bidder
The bidder shall completely fill the conformation schedule given in Part-I (PQR Sheet) and not
furnishing the same will make the Bid invalid.
5.0 Pre Qualifying Criteria
(A) TECHNICAL-QUALIFYING REQUIREMENTS:

1. The bidder must have successfully designed, manufactured, type tested and supplied at least 20 KM of
132 KV or higher voltage class single XLPE cable cumulatively up-to in three (3) projects in India as a
prime contractor during last 7 years as scheduled date of bid opening ( to be supported by taken over
certificate [TOC] of the relevant executed contract) either of the following:
a. Three completed works costing not less than Rs.110.86 Lacs each.
Or

b. Two completed works costing not less than Rs. 138.58 Lacs each.
Or

c. One completed work costing not less than Rs. 221.72 Lacs each.

2. Bidder shall have the experience of minimum at least 20 KM of 132 KV or higher voltage class single
XLPE cable cumulatively up-to in three (3) projects at any Power Utilities whether Central /State/
PSUs/Govt. Organizations /Other Government Organizations valid proof of this shall be submitted with
tender
3. Copies of Work Orders (as per above criteria) from any Power Utilities whether Central /State/
PSUs/Govt. Organizations/Other Government Organizations shall be submitted along with the bid.
4. Experience certificate should be issued by an officer not below the rank of Executive Engineer
mentioning nature of work, Agreement No., Amount of work, Scheduled time of completion of work
and Actual time of completion etc
5. No deviation in attached technical specifications of the products shall be accepted
6. The firm should have quality control norms & procedures to give high quality work for which adequate
proof be submitted by the firm.
7. The firm should have all the manufacturing & processes facilities etc.
8. The firm should be financially capable to execute this work within specified time.
9. Bidders should be a manufacturer/authorized dealer/stockiest/distributor of the quoted product. In
case of authorized dealer/stockiest/distributor firm shall submit the Manufacturer authorization
certificate in support for the same.
(B) FINANCIAL-QUALIFYING REQUIREMENTS:
1. Minimum Average Annual Turnover :- Minimum Average Annual Turnover(MAAT):- The minimum
annual average turnover for the preceding best three years(36 months) out of last five financial years
should not be less than Rs.415.73 Lacs.(Balanced sheet/ Documentary proof for last five years should be
24
 enclosed with bid). The balance sheet and all other financial documents attested/ certified by CAs to
substantiate fulfillment of FQR should be with UDIN.
2. For Financial Qualification Criteria, lead partner of JV Firms should meet minimum 50% of Financial
Qualification Requirement(FQR) and collectively meet total FQR. All partners of JV Firms should have the
experience for activities of construction/ manufacturing of items or equipments/supply of items or
equipments or products, meant for transmission utilities only.
3. Copy of PAN no. of the firm/ Company or PAN no. of all its partner's in case of partnership firm or PAN
no. of the individual, in case of proprietorship.
4. Latest Solvency certificate issued by bank (20% of bid value) should be submitted.
5. The balance sheet and all other financial documents attested/certified by Cas to substantiate fulfillment of
FQR should be with UDIN, failing which the tender will be summarily rejected without any further
reference.
6. GST Registration/Issuing Authority.
7. EPF Registration Certificate
8. Last five years Audited Accounts
9. The Bidder must demonstrate access to or availability of financial resources such as liquid assets,
unencumbered real assets, lines of credit, and other financial means, other any contractual advance
payments to meet the cash flow requirements of Rs 83.15 Lac supported by documents in form access to
credit facilities.
(C) Additional Documents.
1. RTGS/ NEFT Details of the bidder is to be submitted.
2. Registration No. under Shops & Estt. Act/Issuing Authority.
3. Details of Partners/Directors of the Firm/Company.
4. Experience record and details of orders pending/executed for various utilities.
5. Detail of Manufacturing/Fabrication facilities.
6. Factory Registration/license details.
7.0 G.S.T.
7.1 For the purpose of this clause the following meanings:
(a). GST- means any tax imposed on supply of goods or services which is imposed or assessed
under GST Law.
(b). GST Law- means a new tax system (Goods and Service Tax) Act, 2017 and all related legislation
which become operative w.e.f. 1st July 2017.
7.2 Goods and Service Tax (GST): 100% value of GST on materials, equipment, plant shall be
reimbursed on submission of documents of tax paid by the Contractor at the prevailing or offered
applicable rate, whichever is lower. However Chartered Accountant’s certificate (along with last bill)
that GST as paid by the Contractor and claim from PTCUL has not been claimed as subsidy,
refunded, nor refund claim is pending with Government. Further, Contractor have to furnish an
undertaking to Company that in any event, if any refund of GST either in full or part is received by
Contractor in respect of the material supplied or services rendered to PTCUL against tender under
reference the same shall be passed on to the PTCUL without any further claim to that effect from
PTCUL.
7.3 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.
7.4 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. It shall be mandatory for all
the bidder to quote the GST amount in the price schedule wherever applicable.
7.5 Anti Profiteering Clause
As required by section 171 of the CGST Act 2017, where any cost saving are realised by virtue of the
enactment of GST Law shall be passed on to the recipient of by way commensurate reduction in
prices. Hence Supplier or manufacturer shall pass on the benefit of reduced prices to PTCUL.
Further, Contractor have to furnish an undertaking that benefit any reduction in rate of tax on any
supply of goods or services or the benefit of input tax credit has been passed on to the company.
However the basis on which benefit of reduced prices are passed by the supplier or manufacturer is
subject to scrutiny supported by documentary evidence.
7.6 Statutory Variations:
a) Any statutory increase or decrease in the taxes and duties subsequent to your offer if it takes place
within the original contractual delivery date will be to the PTCUL 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 the PTCUL.
25
 b) No statutory variation shall be admitted, if the GST becomes payable because of exceeding the
prescribed limits for turnover or for any such other reasons.
7.7 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.
8.0 PERFORMANCE GUARANTEE cum SECURITY DEPOSIT
8.1 The successful bidder has to pay performance guarantee cum security deposit within 30 days of
receipt of order.
8.2 The successful bidder will be required to pay an amount equivalent to 10% of the order as a
performance guarantee cum security deposit for satisfactory execution of the contract and as
performance guarantee. Such performance guarantee cum Security Deposit will be payable either in
FDR/TDR/B.G. in favour of Executive Engineer, 220KV Operation & Maintenance Division, SIDCUL
Haridwar payable at Haridwar Bank guarantees from Scheduled / Nationalized Banks will be
acceptable, if the amount of security deposit payable exceeds Rs. 50,000/- Bank Guarantees will be
furnished. The Bank Guarantees furnished should have clear one time validity till the completion of
the order in all respect and up to the expiry of the Guarantee period two years from the date of
commissioning of project and 60 days beyond. Bank Guarantee for interim period will not be allowed.
If by any reason the contract period is extended, then contractor should undertake to renew the Bank
Guarantee at least one month before the expiry of the validity failing which PTCUL will be at liberty to
redeem the same, without entering into further correspondence in the matter.
8.3 No interest will be allowed on amount of performance guarantee cum security deposit.
8.4 The performance guarantee cum security deposit as above on total shall be kept deposited up to Six
Months (06 Months) from the date of commissioning of project and issuance of contract closing
certificates.
8.5 This security deposit is for the performance of contract and the same is liable to be forfeited by the
Corporation in event of non fulfillment of the term and conditions of this contract by the contractor.
8.6 Corporate Guarantees are not admissible.
8.7 The ‘Signing of Contract’ and ‘Contract Agreements’ will be done as per prevalent PTCUL Terms and
Conditions.
9.0 GUARANTEE PERIOD
Total material supplied and work executed shall be covered under guarantee period against any
defect in materials, poor workmanship and defect/ wrong design etc. for a period of 60 months
from the date of commissioning of project.
10.0 PENALTY FOR DELAY:
10.1 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 and erection beyond Contractual cut off date
stated as per stipulated delivery period shall be subject to the penalty at the rate of ½ % of the
contract value per week with a ceiling of 10 % of the total contract value.
10.2 The penalty 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 PTCUL.
10.3 Tenderer shall have to supply all materials to match with the erection activities.
11.0 COMPLETION PERIOD
11.1 Overall Completion period, for this Contract will be – 12 months from the date agreement/LOA or from
the date of start which shall be given by the Engineer in Charge.
11.2 No mobilization period, idling or stoppage period will be allowed during this period of the Contract.
11.3 The completion date will be deemed to be the date on which all works on the Contract are
demonstrated to be complete to the satisfaction of the PTCUL/Engineer and is complete in all
respects as per the terms and conditions of this Contract.
12.0 Presentation of Bills
12.1 Monthly RA bills for 80% value of the supplied tower material and work executed including cost of
tower material consumed are to be prepared in triplicate and submitted to Site Engineers-in-charge of
the work, for necessary payment. These bills shall be serially numbered with suffix (SE concerned)
number of tender specification No. CE/GZR-09/2023-24.
12.2 10% payment out of balance 20% shall be released on completion of 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 Transmission line. No extra payment
will be release for the material which is not required for completion of Transmission line if supplied
excess during execution work.
12.3 Balance 10% payment 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 03 months from the date of completion of work.

26
 These bills shall be numbered with suffix (SE concerned) number of Tender specification No.
CE/GZR-09/2023-24.
12.4 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.
12.5 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.
13.0 Terms of Payment
Mobilization Advance:-
10% of the contract value shall be paid as advance payment subject to following conditions:-
i) Bank Guarantee of equivalent amount from any of the listed schedule Bank of RBI to be furnished by
the contractor.
ii) Interest at the rate of 11.5% p.a. shall be charged.
iii) Pro rata recovery along with the interest from running payment.
For a Project
The payment for materials to be supplied and erected for a project shall be made as under only after
execution of the contract documents/furnishing of Security Deposit and on execution of Transmission
line work.
13.1 For supply
(i) 80% of supply value for each consignment of material and accessories on submission of invoice
along with 100% taxes, duties, Cess, F&I shall be paid within 60 days from the date of preparation of
SR Note after verifying the following documents.
A. GST Invoice as per GST Act.
B. Delivery challan.
C. Endorsed RR/LR copy.
D. Dispatch clearance certificate/letter wherever applicable.
(ii). 10% payment of supply value out of balance 20% of supply value shall be paid on completion of
erection & testing of the contract work and completion certificate from Engineer-in-charge or
equivalent.
(iii) Balance 10% of supply value shall be paid on successful commissioning of contract work against
completion certificate and only after settlement of material account statement of items supplied, used,
erected and successful commissioning is settled for complete lot and shall be released only after
passing of final bill. No extra payment will be release for the material which is not required for
completion of contract work, if supplied excess during execution of work and recovery will be made in
final bill accordingly.
13.2 For erection works
(i) 90% payment of amount claimed covering various activities contract work against GST invoice
and R.A. bills duly certified by Engineer In charge within 60 days from the date of R.A. bill.
(ii) 10% of erection value shall be paid against commissioning of project after settlement of material
account statement of items supplied, used, erected and successful commissioning of contract work,
the same amount will be release in final bill only and payment will be made only after passing of final
bill.
13.3 The Firm has to submit the details of monthly remittance made to EPFO for the employees engaged by
them for the work, along with their monthly running bills as per details enclosed in Annexure-B
(Details of EPF deduction through contractor along with copy of challans). The payment of monthly
running bills shall be processed only after the details of remittance of EPFO of the preceding month is
submitted by the firm as per Annexure-B.
14.0 TAKING DELIVERY AND INSURANCE:
14.1 The Contractor has keep tower materials & Transmission line 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 or taking over of the Transmission line by PTCUL.
14.2 The Contractor has to open site store nearby Transmission line and ensure for safe custody of all the
stored materials at his own cost.
14.3 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 PTCUL.
14.4 Storage-Cum-Insurance: The Contractor shall take suitable storage-cum-erection insurance cover
at his cost to the extent of 60% cost of Transmission line materials, which are required to complete
the Transmission line. Contractor shall have to take comprehensive insurance policy against any
27
 loss, damage, theft, pilferage, fire etc. for the complete period of storage, erection and
commissioning up to the time of taking over of the Transmission line by the PTCUL. 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 withheld.
14.5 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 PTCUL
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
PTCUL will not entertain any claim/representation in this regard. However it will be Contractor’s
responsibility to insure the entire project till the Transmission line is taken over by the PTCUL.
15.0 LABOUR LAWS:
15.0.1 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.
15.0.2 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.
15.0.3 The Contractor shall at his own expenses comply with all labour laws and keep the PTCUL
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 Uttarakhand/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 or as per relevant provisions.
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 labourers or relevant provisions.
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 of India, which the Contractor shall have to comply with.
15.1 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.
15.2 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.
15.3 Administrative Charges
Administrative charges for maintaining Provident Fund Account shall be deposited by the Contactor
with Regional provident Fund Commissioner, at the rates applicable.
15.4 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 labourer which shall be duly verified, approved and certified by the authorized Officer of the
PTCUL.

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15.5 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.
15.6 The contractor shall employ adequate number of experienced staff 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.
15.7 Contractor to Indemnify the Corporation
The Contractor shall Indemnify the PTCUL and every member officer and employees of the PTCUL
also, Engineer-in-Charge and his staff against all actions, proceedings, 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 PTCUL or Government for or in respect of performance of his obligation under the
contract documents. The PTCUL shall not be liable for intervention of authority Government for or in
respect of performance of his obligation under the contract documents. The PTCUL 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 PTCUL against all claims, demands, proceedings, cost, charges and expenses
whatsoever in respect thereof or in relation thereto.
15.8 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.
15.9 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 from 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 PTCUL, 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 keep himself present
throughout the working hours.
15.10 Registration with Provident Fund Office
i) The separate P.F code issued from P.F commissioner is required to be taken by the
contractor.
ii) If the contractor does not possess separate P.F. code number of RPFC, his tender will not be
considered for acceptance.
iv) The contractor should mention separate P.F. code number allotted by RPFC, along with the
tender.
15.11 All the Contractors shall maintain an attendance register and salary register of the employees/
manpower working against the contract awarded to them.
15.12 The Contractor shall deposit the Employee Provident Fund (EPF) dues of the employees/
manpower engaged by them or by their Sub-Contractors within the due dates as per the
provisions of the Act, to Employees Provident Fund Office (EPFO) and they shall be wholly
responsible for the consequences of the default in case of non-remittance of EPF dues of
employees/ manpower engaged by them or by their Sub-Contractor for the contract. In case
any demands or penalties are imposed on PTCUL for such default on their part they shall
reimburse the same to PTCUL or indemnify PTCUL to that extent.
15.13 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 corporation shall exercise its discretionary power either:
(A) To recover, from the contractor as agreed, by way of penalty clause above, or
(B) 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
To cancel the contract:

29
 In the event of the risk purchase of stores of similar description, the opinion of the Corporation shall
be final. In the event of action taken under clause (A) or (B) above, the contractor shall be liable to
pay for any loss which the PTCUL 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 PTCUL shall be final as regards to the acceptability of stores supplied by the
contractor and the PTCUL shall not be required to give any reason in writing or otherwise at any
time for rejection of the stores.
16.0 Vendor Registration
All new bidders / Vendors have to register themselves with the PTCUL by paying Rs. 10,000/-
(Non- refundable). 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) after 05 years from 01/03/2008. 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 01/03/2008 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) 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 up to tender value of Rs. 1 Lac (One lac) for the new entrant is not required.
However, Rs. 1000/- towards Vendor registration shall be payable for the tender value between Rs.
1 Lac and including up to Rs. 5 Lacs. Vendor registration beyond Rs. 5 Lacs will be applicable and
shall have to pay Rs. 10,000/- for new entrant as specified above.
If the New Vendors are already registered by paying of Rs. 10,000/- (Non-Refundable), than 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 tenderer is new & not registered with the PTCUL, then they should Pay Rs. 10,000/- 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.
17. 0 Price Basis-
The Price shall be firm except for power/auto transformers (If applicable). Price variation on
Power/Auto transformers shall be applicable as per IEEMA.
18.0 Variation in quantity
The quantities mentioned in the specifications are purely tentative & can vary to any extent on
either side as per site requirements of the owner at the unit price mentioned in the price schedule,
subject to variation of 15% of the total contract value.

30
 SECTION – ECC
ERECTION CONDITIONS OF CONTRACT
1.0 GENERAL
1.1 The following shall supplement the conditions already contained in other parts of these specifications
& document and shall govern the portion of the work of this Contract to be performed at Site.
1.2 The Contractor upon signing of the Contract shall, nominate a responsible officer as his representative
at Site suitably designated for the purpose of overall responsibility and coordination of the works to be
performed at Site. Such persons shall function from the Site office of the Contractor during the
pendency of Contract.
2.0 REGULATION OF LOCAL AUTHORITIES AND STATUTES
2.1 The Contractor shall comply with all the rules and regulations of local authorities during the
performance of his filed activities. He shall also comply with the Minimum Wages Act, 1948 and the
Payment of Wages Act (both of the government of India) and the rules made there under in respect of
any employee or workman employed or engaged by him or his Sub-Contractor. He shall abide by
labour laws and others as specified in the special conditions of Contract.
2.2 All registration and statutory inspection fees, if any, in respect of his work pursuant to this Contract
shall be to the account of the Contractor. Should any such inspection or registration need to be re-
arranged due to the fault of the Contractor or his Sub Contractor, the additional fees to such
inspection and/or registration also shall be borne by the Contractor.
3.0 OWNER’S LIEN ON EQUIPMENT
The Owner shall have lien on all equipment brought to the Site for the purpose of erection, testing and
commissioning of the equipment to be supplied & erected under the Contract. The Owner shall
continue to hold the lien on all such equipment throughout the period of Contract. No material brought
to the Site shall be removed from the Site by the Contractor and/or his Sub- Contractors without the
prior written approval of the Engineer.
4.0 ACCESS TO SITE AND WORKS ON SITE
4.1 Suitable access to and possession of the Site shall be afforded to the Contractor by the Owner in
reasonable time.
4.2 The works so far as it is carried out on the Owner’s premises, shall be carried out at such time as the
Owner may approve and the Owner shall give the Contractor reasonable facilities for carrying out the
works.
4.3 In the execution of the works, no person other than the Contractor or his duly appointed
representative, Sub-Contractor and workmen, shall be allowed to do work on the Site, except by the
special permission, in writing of the Engineer or his representative.
5.0 CONTRACTOR’S SITE ESTABLISHMENT
The Contractor shall at all times keep posted an authorized representative for the purpose of the
contract. Any written order or instruction of the Engineer or his duly authorized representative shall be
communicated to the said authorized resident representative of the Contractor and the representative
shall be available at a stated address for this purpose.
6.0 CO-OPERATION WITH OTHER CONTRACTORS
6.1 The Contractor shall co-operate with all other Contractors or tradesmen of the Owner, who may be
performing other works on behalf of the Owner and the workmen who may be employed by the Owner
and doing work in the vicinity of the Works under the Contract. The Contactor shall also so arrange to
perform his work as to minimize, to the maximum extent possible, interference with the work of other
Contractors and their workmen. Any injury or damage that may be sustained by the employees of the
other Contractors and the Owner, due to the Contractor’s work, shall promptly be made good, at the
Contactor’s own expense.
7.0 DISCIPLINE OF WORKMEN
The Contractor shall adhere to the disciplinary procedure set by the Engineer in respect of his
employees and workmen at Site. The Engineer shall be at liberty to object to the presence of any
representative or employee of the Contractor at the Site, if in the opinion of the Engineer such
employee has misconduct himself or is incompetent or negligent or otherwise undesirable and then
the Contractor shall remove such a person objected to and provide in his place a competent
replacement.
8.0 CONTRACTOR’S FIELD OPERATION
8.1 The Contractor shall keep the Engineer informed in advance regarding his field activity plans and
schedules for carrying-out each part of the works. Any review of such plan or schedule or method of
work by the Engineer shall not relieve the Contractor of any of his responsibilities towards the field
activities. Such reviews shall also not be considered as an assumption of any risk or liability by the
Engineer or the Owner or any of his representatives and no claim of the Contractor will be entertained
because of the failure or inefficiency of any such plan or schedule or method of work reviewed. The

31
 Contractor shall be solely responsible for the safety, adequacy and efficiency of plant and equipment
and his erection methods.
8.2 The Contractor shall have the complete responsibility for the conditions of the Work-site including the
safety of all persons employed by him or his Sub-Contractor and all the properties under his custody
during the performance of the work. The requirement shall apply continuously till the completion of
the Contract and shall not be limited to normal working hours.
9.0 PROGRESS REPORT
9.1 The Contractor shall furnish three (03) copies, each to the engineers of progress including if any,
photographs of the work done at Site in MS Project format.
9.2 The monthly progress report detailing-out the progress achieved on all erection activities shall
highlight comparison to the schedules. The report shall also indicate the reasons for the variance
between the scheduled and actual progress and the action proposed for corrective measures,
wherever necessary.
9.3 The monthly progress report shall be submitted in MS project indicating various activities mentioned in
the completion schedule.
Monthly progress shall be submitted in following format and in the format given in technical
specification (or any other format prescribed by the engineer of contract)

Description of work Quantity involved Work executed up Work executed Total

as per A/T as per check survey to last month during this month Progress
Check survey in km
Foundation of tower
in Nos.
Erection of tower in
Nos.
Tack welding &
earthing
Stringing of
Conductor & earth
wire in km.

10.0 MAN-POWER REPORT

10.1 The Contactor shall submit to the Engineer, on the first day of every month, a man hours scheduled
for the month, detailing the man hours scheduled for the month, skill-wise and area-wise.
11.0 PROTECTION OF WORK
The Contractor shall have total responsibility for protecting his work till it is finally taken over by the
Engineer. No claim will be entertained by the Owner or by the Engineer for any damage or loss to the
Contractor’s works and the Contractor shall be responsible for complete restoration of the damaged
works to original conditions to comply with the specification and drawings.
12.0 EMPLOYMENT OF LABOUR
12.1 The Contractor will be expected to employ on the work only his regular skilled employees with
experience of this particular work. No person below the age of eighteen years shall be employed.
12.2 All traveling expenses including provision of necessary transport to and from Site lodging, allowance
and other payments to Contractor’s employees shall be sole responsibility of the Contractor.
12.3 In case the Owner becomes liable to pay any wages or dues to Labour or any Government agency
under any of the provisions of the minimum wages Act, Workmen Compensation Act, Contract Labour
Regulation Abolition Act, or any other law due to act of omission of the Contractor, the Owner may
make such payment and shall recover the same from the Contractor’s bills.
13.0 FACILITIES TO BE PROVIDED BY THE OWNER
Scope of Works and Supply by the Employer
The following personnel, facilities, works and supplies will be provided/supplied by the Employer.
All personnel, facilities, works and supplies will be provided by the Employer in good time so as not
to delay the performance of the Contractor, in accordance with the approved Time Schedule and
Program of Performance.
Unless otherwise indicated, all personnel, facilities, works and supplies will be provided free of
charge to the Contractor.
Charge to Contractor (if any)
Personnel
NIL NONE

32
 Facilities Charge to Contractor (if any)
Electricity and Water As noted

Electricity and Water

The Contractor shall be entitled to use for the purposes of the facilities such supplies of electricity and
water as may be available on the Site and shall provide any apparatus necessary for such use. The
Contractor shall pay the Employer at the applicable tariff plus Employer’s overheads, if any for such
use. Where such supplies are not available, the Contractor shall make his own arrangement for
provision of any supplies he may require. . In case system is to be strengthened for providing
adequate required supply of electricity and water, the expenses will be borne by the contractor.

Works Charge to Contractor (if any)

NIL NONE

Supplies Charge to Contractor (if any)

NIL NONE

14.0 FACILITIES TO BE PROVIDED BY THE CONTRACTOR

14.1 Tools, tackles and scaffoldings
The Contractor shall provide all the construction equipments; tools, tackles and scaffoldings required
for pre-assembly, erection, testing and commissioning of the equipment covered under the Contract.
He shall submit a list of all such materials to the Engineer before the commencement of work at site.
These tools and tackles shall not be removed from the site without the written permission of the
Engineer.
14.2 First-aid
The Contractor shall provide necessary first-aid facilities for all his employees, representative and
workmen working at the site. Enough number of Contractor’s personnel shall be trained in
administering first-aid.
14.3 Cleanliness
14.3.1 The Contractor shall be responsible for keeping the entire area allotted to him clean and free from
rubbish, debris etc. during the period of Contract. The Contractor shall employ enough number of
personnel to keep the work area clean. Materials and stores shall be so arranged to permit easy
cleaning of the area. In areas where equipment might drip oil and cause damage to floor surface, a
suitable protective cover of a flame resistant, oil proof sheet shall be provided to protect the floor from
such damage.
15.0 LINES AND GRADES
All the works shall be performed to the lines, grades and elevations indicated on the drawing. The
Contractor shall be responsible to locate and lay-out the works. Basic horizontal and vertical control
points will be established and marked by the Engineer at site at suitable points. These points shall
be used as datum for the works under the Contract. The Contractor shall inform the Engineer well in
advance of the times and places at which he wishes to do work in the area allotted to him so that
suitable datum points may be established and checked by the Engineer to enable the Contractor to
proceed with his works. Any work done without being properly located may be removed and/or
dismantled by the Engineer at Contractor’s expense.
16.0 FIRE PROTECTION
16.1 The work procedures that are to be used during the erection shall be those, which minimize fire
hazards to the extent practicable. Combustible materials, combustible waste and rubbish shall be
collected and removed from the Site at least once each day. Fuels, oils and volatile or inflammable
materials shall be stored away from the construction and equipment and materials storage areas.
16.2 All the Contractor’s supervisory personnel and selected number of workers shall be trained for fire
fighting. Enough of such trained personnel must be available at the Site during the entire period of
the Contract.
17.0 SECURITY
The Contractor shall have total responsibility for all equipment and materials in his custody/stores,
loose, semi-assembled and/or erected by him at site. The Contractor shall make suitable security
arrangements to ensure the protection of all materials, equipment and works from theft, fire, pilferage
and any other damages and loss.

33
18.0 PRE-COMMISSIONING TRIALS AND INITIAL OPERATIONS
The pre-commissioning trials and initial operations of the equipment furnished and erected by the
Contractor shall be the responsibility of the Contractor as detailed in relevant clauses of Technical
Specifications. The Contractor shall provide, in addition, test instruments, calibrating devices, etc. and
labour required for successful performance of these trials. If it is anticipated that the above test may
prolong for a long time, the Contractor’s workmen required for the above test shall always be present
at Site during such trials.
19.0 MATERIALS HANDLING AND STORAGE
19.1 All the equipment furnished under the Contract and arriving at Site shall be promptly received,
unloaded, transported and stored in the storage spaces by the Contractor.
19.2 Contractor shall be responsible for examining all the shipment and notify the Engineer immediately of
any damages, storage, discrepancy etc., for the purpose of Engineer’s information only. The
Contractor shall submit to the Engineer every week a report detailing all the receipts during the week.
However, the Contractor shall be solely responsible for any shortages or damages in transit, handling
and/or in storage and erection of the equipment at Site. Any demurrage, wharf age and other such
charges claimed by the transporters, railways etc., shall be to the account of the Contractor.
19.3 The Contractor shall maintain an accurate and exhaustive record detailing out the list of all
equipment materials received by him for the purpose of erection and keep such record open for the
inspection of the Engineer in-charge.
19.4 All equipment shall be handled very carefully to prevent any damage or loss. The equipment stored
shall be properly protected to prevent damage either to the equipment or to the floor where they are
stored. The equipment from the store shall be moved to the actual location at the appropriate time
so as to avoid damage of such equipment at Site.
19.5 All electrical panels, control gears, motors and such other devices shall be properly dried by heating
before they are installed and energized. Motor bearings, slip ring, commutators and other exposed
parts shall be protected against moisture ingress and corrosion during storage and periodically
inspected.
19.6 All the electrical equipment such as motors, generators, etc. shall be tested for insulation resistance
at least once in three months from the date of receipt till the date of commissioning and a record of
such measured insulation values maintained by the Contractor. Such records shall be opened for
inspection by the Engineer.
19.7 The consumable and other supplies likely to deteriorate due to storage must be thoroughly protected
and stored in a suitable manner to prevent damage or deterioration in quality by storage.
19.8 All the materials stored in the open or dusty location must be covered with suitable weatherproof and
flame proof covering material wherever applicable.
19.9 If the materials belonging to the Contractor are stored in areas other than those earmarked for him,
the Engineer will have the right to get it moved to the area earmarked for the Contractor at the
Contractor’s cost.
19.10 The Contractor shall be responsible for making suitable indoor storage facilities to store all
equipment, which require indoor storage. Normally, all the electrical equipments such as motors,
control gears, generators, exciters and consumables like electrodes, lubricants etc. shall be stored in
the closed storage space. The Engineer, in addition, may direct the Contractor to move certain other
materials, which in his opinion will require indoor storage, to indoor storage areas, which the
Contractor shall strictly comply with.
20.0 CONSTRUCTION MANAGEMENT
20.1 The field activities of the Contractors working at Site will be coordinated by the Engineer and the
Engineer’s decision shall be final in resolving any disputes or conflicts between the Contractor and
other Contractors and the tradesmen of the Owner regarding scheduling and coordination of work.
Such decision by the Engineer shall not be a cause for extra compensation or extension of time for
the Contractor.
20.2 The Engineer shall hold weekly meetings of the contractor at site, at a time and place to be
designated by the Engineer. The Contractor shall attend such meetings and take notes of discussions
during the meeting and the decision of the Engineer shall be strictly adhered to, in performing his
works. In addition to the above weekly meeting, the Engineer may call for other meetings either with
individual Contractors or with selected number of Contractors and in such a case the Contractors if
called, will also attend such meetings.
20.3 Time is the essence of the Contract and the Contractor shall be responsible for performance of his
works in accordance with the specified construction schedule. If at any time, the Contractor is falling
behind the schedule, he shall take necessary action to make good for such delays by increasing his
work force or by working overtime or otherwise accelerate the progress of the work to comply with the
schedule and shall communicate such actions in writing to the Engineer, satisfying that his action will

34
 compensate for the delay. The Contractor shall not be allowed any extra compensation for such
action.
20.4 The engineer shall, however, not be responsible for provision of additional labour and/or materials or
supply or any other services to the Contractor except for the coordination work between various
Contractors if any at site.
21.0 FIELD OFFICE RECORDS
The contractor shall maintain up to date copies of all drawings, specification and other Contract
Documents and any other supplementary data complete with all the latest revisions thereto. The
Contractor shall also maintain in addition the continuous record of all changes to the above Contract
Documents, drawings, specifications and supplementary data etc. effected at the field and on
completion of his total assignment under the contract shall incorporate all such changes on the
drawings and other Engineering data to indicate as installed conditions of the equipment furnished
and erected under the contract. Such drawings and Engineering data shall be submitted to the
Engineer in required number of copies.
22.0 CONTRACTOR’S MATERIALS BROUGHT TO SITE
22.1 The Contractor shall bring to Site all equipment, components, parts, materials, including construction
equipment, tools and tackles for the purpose of the works under intimation to the Engineer. All such
goods shall, from the time of their being brought, vest in the Owner, but may be used for the purpose
of the works only and shall not on any account be removed or taken away by the Contractor without
the written permission of the Engineer. The Contractor shall nevertheless be solely liable and
responsible for any loss or destruction thereof and damage thereto.
22.2 The Owner shall have a lien on such goods for any sum or sums which may at any time be due or
owing to him by the Contractor, under, in respect of or by reasons of the Contract. After giving a
fifteen (15) days notice in writing of his intention to do so, the Owner shall be at liberty to sell and
dispose off any such goods, in such manner as he shall think fit and to apply the proceeds in or
towards the satisfaction of such sum or sums due as aforesaid.
22.3 After the completion of the Works, the Contractor shall remove from the Site under the direction of the
Engineer the materials such as construction equipment, erection tools and tackles, scaffolding etc.
with the written permission of the Engineer.
23.0 PROTECTION OF PROPERTY AND CONTRACTOR’S LIABILITY
23.1 The Contractor shall be responsible for any damage resulting from his operations. He shall also be
responsible for protection of all persons including members of public and employees of the Owner
and the employees of other Contractors and Sub-Contractors and all public and private property.
24.0 INSURANCE
24.1 In addition to the conditions covered under the Clause entitled ‘Insurance’ in General Terms and
Conditions of Contract, the following provisions will also apply to the portion of works to be done
beyond the Contractor’s own or his Sub-Contractor’s manufacturing Works.
24.2 Workmen’s Compensation Insurance
This insurance shall protect the Contractor against all claims applicable under the Workmen’s
Compensation Act, 1948 (Government of India). This policy shall also cover the Contractor against
claims for injury, disability, disease or death of his or his sub-Contractor’s employee, which for any
reason are not covered under the Workmen’s Compensation Act, 1948. The liabilities shall not be
less than:
Workmen’s : As per statutory
Compensation Provisions
Employee’s : As per statutory
Liability Provisions
24.3 Comprehensive General Liability Insurance
The insurance shall protect the Contractor against all claims arising from injuries, disabilities, disease
or death of members of public or damage to property of others, due to any act of omission on the part
of the Contractor, his agents, his employees, his representatives and Sub-Contractors or form riots,
strikes and civil commotion.
24.4 The hazards to be covered will pertain to all the works and areas where the contractor, his Sub-
Contractors, his agents and his employees have to perform work pursuant to the Contract.
24.5 The above are only illustrative list of insurance covers normally required and it will be the
responsibility of the Contractor to maintain all necessary insurance coverage to the extent both in
time and amount to take care of all his liabilities either direct or indirect, in pursuance of the Contract.
25.0 UNFAVOURABLE WORKING CONDITIONS
The contractor shall confine all his field operations to those works, which can be performed without
subjecting the equipment and material to adverse effect during inclement weather conditions, like
monsoon, storms etc. and during other unfavorable construction conditions. No field activities shall
be performed by the Contractor under conditions, which might adversely affect the quality of and

35
 efficiency thereof, unless special precautions or measures are taken by the Contractor in a proper
and satisfactory manner in the performance of such Works and with the concurrence of the Engineer.
Such unfavorable construction conditions will in no way relieve the Contractor of his responsibility to
perform the Works as per schedule.
26.0 PROTECTION OF MONUMENTS AND REFERENCE POINTS
The Contractor shall ensure that any finds such as relic, antiquity, coins, fossils, etc. which he may
come across during the course of performance of his Works either during excavation or elsewhere,
are properly protected and handed over to the Engineer. Similarly the Contractor shall ensure that
the bench marks, reference points etc., which are marked either with the help of Engineer or by the
Engineer shall not be distributed in any way during the performance of his works. If any work is to be
performed which disturbs such reference, the same shall be done only after these are transferred to
other suitable locations under the direction of the Engineer. The Contractor shall provide all
necessary materials and assistance for such relocation of reference points etc.
27.0 WORK & SAFETY REGULATIONS
27.1 The Contractor shall ensure proper safety of all the workmen, materials, plant and equipment
belonging to him or to PTCUL or to others, working at Site. The Contractor shall also be responsible
for provision of all safety notice and safety equipment required both by the relevant legislations and
the Engineer, as he may deem necessary.
27.2 All equipment used in construction and erection by Contractor shall meet Indian/International
Standards and where such standards do not exist, the Contractor shall ensure these to be absolutely
safe. All equipment shall be strictly operated and maintained by the Contractor in accordance with
manufacturer’s Operation Manual and safety instructions and as per Guidelines/rules of PTCUL in
this regard.
27.3 Periodical examinations and all tests for all lifting/hoisting equipment & tackles shall be carried-out in
accordance with the relevant provisions of Factories Act 1948, Indian Electricity Act 1910/2003 and
associated Laws/Rules in force from time to time. A register of such examinations and tests shall be
properly maintained by the Contractor and will be promptly produced as and when desired by the
Engineer or by the person authorized by him.
27.4 The Contractor shall provide suitable safety equipment of prescribed standard to all employees and
workmen according to the need.
27.5 The Contractor shall provide safe working conditions to all workmen and employees at the Site
including safe means of access, railings, stairs, ladders, scaffoldings etc. The scaffoldings shall be
erected under the control and supervision of an experienced and competent person. For erection,
good and standard quality material only shall be used by the Contractor.
27.6 The Contractor shall not interfere or disturb electric fuses, wiring and other electrical equipment
belonging to the Owner or other Contractors under any circumstances, whatsoever, unless expressly
permitted in writing by PTCUL to handle such fuses, wiring or electrical equipment.
27.7 Before the Contractor connects any electrical appliances to any plug or socket belonging to the other
Contractor or Owner, he shall:
a. Satisfy the Engineer that the appliance is in good working condition.
b. Inform the Engineer of the maximum current rating, voltage and phases of the appliances.
c. Obtain permission of the Engineer detailing the sockets to which the appliances may be
connected.
27.8 The Engineer will not grant permission to connect until he is satisfied that;
a. The appliance is in good condition and is fitted with suitable plug;
b. The appliance is fitted with a suitable cable having two earth conductors, one of which shall
be an earthed metal sheath surrounding the cores.
27.9 No electric cable in use by the Contractor/Owner will be disturbed without prior permission. No weight
of any description will be imposed on any cable and no ladder of similar equipment will rest against or
attached to it.
27.10 No repair work shall be carried out on any live equipment. The equipment must be declared safe by
the Engineer and a permit to work shall be issued by the Engineer before any repair work is carried
out by the Contractor. While working on electric lines/ equipment, whether live or dead, suitable type
and sufficient quantity of tools will have to be provided by the Contractor to electricians / workmen/
officers.
27.11 In case any accident occurs during construction / erection or other associated activities undertaken
by the Contractor thereby causing any minor or major or fatal injury to his employees due to any
reason, whatsoever, it shall be the responsibility of the Contractor to promptly inform the same to the
Engineer in prescribed form and also to all the authorities envisaged under the applicable laws.
27.12 The Engineer shall have the right at his sole discretion to stop the work, if in his opinion the work is
being carried out in such a way that it may cause accident and endanger the safety of the persons
and/or property, and/or equipment. In such cases, the Contractor shall be informed in writing about
36
 the nature of hazards and possible injury/accident and he shall comply to remove shortcomings
promptly. The contractor after stopping the specific work can, if felt necessary, appeal against the
order of stoppage of work to the Engineer with in 3 days of such stoppage of work and decision of the
Engineer in this respect shall be conclusive and binding on the Contractor.
27.13 The Contractor shall not be entitled for any damage /compensation for stoppage of work due to safety
reasons and the period of such stoppage of work will not be taken as an extension of time for
completion of work and will not be the ground for waiver of levy of liquidated damages.
27.14 It is mandatory for the Contractor to observe during execution of the works, requirement of Safety
Rules which would generally include but not limited to following:
a) Each employee shall be provided with initial indoctrination regarding safety by the Contractor,
so as to enable him to conduct his work in a safe manner.
b) No employee shall be given a new assignment of work unfamiliar to him without proper
introduction as to the hazards incident thereto, both to himself and his fellow employees.
c) Employees must not leave naked fires unattended. Smoking shall not be permitted around fire
prone areas and adequate fire fighting equipment shall be provided at crucial location.
d) There shall be suitable arrangement at every work site for rendering prompt and sufficient first
aid to the injured.
e) Requirements of ventilation in underwater working to licensed and experienced divers, use of
gum boots for working in slushy or in inundated conditions are essential requirements to be
fulfilled.
27.15 The Contractor shall follow and comply with all PTCUL Safety Rules, relevant provisions of applicable
laws pertaining to the safety of workmen, employees, plant and equipment as may be prescribed from
time to time without any demur, protest or contest or reservations. In case of any discrepancy
between statuary requirement and PTCUL Safety Rules referred above, the later shall be binding on
the Contractor unless the statutory provisions are more stringent.

a. Fatal injury or accident Rs. 1,00,000/- : These are applicable

causing death per person
: for death
b. Major injuries or accident causing Rs. 20,000/- per : Injury to
25% or more permanent person : any person
disablements to workmen or : whosoever
employees

Permanent disablement shall have same meaning as indicated in Workmen’s Compensation Act. The
compensation mentioned above shall be in addition to the compensation payable to the workmen /
employees under the relevant provisions of Workmen’s Compensation Act and rules framed there
under or any other applicable laws as applicable from time to time. In case the Owner is made to pay
such compensation then the Contractor is liable to reimburse the Owner such amount in addition to
the compensation indicated above
28.0 CODE REQUIREMENTS
The erection requirements and procedure to be followed during the installation of the equipment shall
be in accordance with the relevant Codes and accepted good engineering practice, the Engineer’s
drawings and other applicable Indian recognized codes and laws and regulation of the Government
of India.

37
 FORM OF THE BANK GUARANTEE FOR EARNEST MONEY

(To be submitted with Bid Part-I)

(For depositing earnest money in case the amount for deposit exceeds Rs. 20,000 Bank guarantee
should be on a non-judicial stamp Paper of Rs. 100.00 as per present act and should be checked by
the tenderer at the time of issuing the Bank Guarantee to any change in the Stamp value.)

To,
SUPERINTENDING ENGINEER (O&M)
ELECTRICITY TRANSMISSION CIRCLE,
POWER TRANSMISSION CORPORATION OF UTTARAKHAND LTD.
ROORKEE

Sir,

WHEREAS, Messers…………………………….……………………………….……………………a
company incorporated under the Indian Companies Act, its registered office at
…..…………………….……………../a firm registered under the Indian Partnership Act and having its
business office at………………..………………………………..………………………. son of
………………………….of
Messrs……………………………at……………………./Sri…………………………………… son
of………………..…………………………………………………………resident of
…………………………… at …………………..Sri………………………..……………….son of
…….………….…………………….resident of…………………..…………….partners carrying on
business under the firm’s and style of Messrs …………………….
………………………………………..at …………………….which is an unregistered partnership
(hereinafter called the “the Tenderer”) has /have in response to your tender Notice against
specification number PTCUL/……………………..
…………………………………… for ………………………………..….offered to supply and / or execute
the works as contained in the Tender’s letter No………………………

AND WHEREAS the Tenderer is required to furnish you a Bank Guarantee for the sum of Rs.
…………………………….. as earnest money against the tenderer’s offer as aforesaid:

AND WHEREAS we ………………..……………………………………………………….(name and full

address of the bank) have at the request of the tenderer agree to give you the guarantee as
hereinafter contained.
NOW THEREFORE in consideration of the promises, we the undersigned hereby, covenant that the
aforesaid tender of the tenderer shall remain open for acceptance by you during the period of validity
as mentioned in the tender or any extension here of you and the tenderer may subsequently agree
and if the tenderer shall for any reason back out whether expressly or impliedly from his said tender
during the period of its validity or any extension thereof as aforesaid, we hereby guarantee to you the
payment of sum of Rs ………………………………………………… on demand notwithstanding the
existence of any dispute between the Power Transmission Corporation of Uttarakhand Ltd. and the
tenderer, in this regard AND we hereby further agree as follows:
(a) That you may without affecting this guarantee grant time or other indulgence to or negotiate further
with the tenderer in regard to the conditions contained in the said tender and hereby modify these
conditions or add thereto any further conditions as may be mutually agreed upon between you
and the tenderer.

(b) That the guarantee hereinbefore contained shall not be affected by any change in the constitution
of our Bank or in the constitution of the tenderer.
(c) That any account settled between you and the tenderer shall be conclusive evidence against us
of the amount due hereunder and shall, not be questioned by us.
(d) That this guarantee commences from the date hereof and shall remain in force till the tenderer, if
his tender is accepted by you, furnishes the security as required under the said specifications and
executes a formal agreement as therein provided or till 45 days after the period of validity or the
extended period or validity, as the case may be of tender whichever is earlier.

38
(e) Notwithstanding anything contained above of the Guarantee hereunder is restricted to the said
sum of Rs…………………………………………… and this guarantee shall expire on
the………………………………. Day of ………………………. Unless a claim under the guarantee
is filed with the Guarantor within six months of such date. All claims shall lapse and the Guarantor
shall be discharge from the guarantee.
(f) That the expressions “The Tenderer”, “The Bank” and “The Power Transmission Corporation of
Uttarakhand Ltd.” herein used shall, unless such interpretation is repugnant to the subject or
context include their respective successors and assigns.
(g) We…………….…………………………………………..(Name of Bank) lastly undertake to pay to
the (PTCUL) any money so demanded not withstanding any dispute or disputes raised by the
contractor(s) /supplier(s) in any suit or proceeding pending before any court or Tribunal relating
arbitration there to of liability under the present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment
there under and the contractor(s)/ supplier(s) shall have no claim against us for making such
payment.

Yours Faithfully

39
 DRAFT FORMAT OF PERFORMANCE BANK GUARANTEE
Note:
1. This Guarantee should be furnished by a Nationalized Bank/Scheduled Bank.
2. The Bank Guarantee should be furnished on Stamp paper as per requirements of Indian Stamp Act.
3. The stamp paper should have been purchased in the name of the Guarantor executing the Guarantee.
4. Any deviation in this format will not be acceptable.

Name of the Contract…………………………………………………………………..

Contract No. & Date………………………………………………………………………
Performance Bank Guarantee No. & Date……………………………………..
Place……………………………………………………………………………………………..
Date……………………………………………………………………………………………….

To,
Executive Engineer,
220KV Operation & Maintenance Division,
POWER TRANSMISSION CORPORATION OF UTTARAKHAND LTD.
SIDCUL,Haridwar
Uttarakhand

Dear Sirs,

THIS DEED OF GUARANTEE is made on this ………(date) DAY OF …………………..(month and year)
by………………………,(Name, Address and Contact No. of the Bank) governed by the Banking Co. Regulation
Act and having its Head Office at ……………………………………………(hereinafter called the “GUARANTOR” of
one part, which expression shall wherever the context so admit, include its executors, administrators, successors
and assigns) in favour of POWER TRANSMISSION CORPORATION OF UTTARAKHAND LIMITED (hereinafter
called the “PURCHASER” of the other part, which expression shall wherever the context so admit, include its
executors, administrators, successors and assigns)

Whereas in accordance with the contract Agreement No. … dated…… between Power Transmission Corporation
of Uttarakhand Limited and ……………………………………………………, a company/Firm
incorporated/registered under the Indian Companies Act, 1956/Indian Partnership Act, having its registered office
at……………………………………………………, hereinafter referred to as the “CONTRACTOR”, (which
expression shall unless repugnant to the context or meaning thereof, include its successors, administrators,
representatives and assignees), the Contractor agrees to Supply, Design, Erect, Construct and Commission
…………………………………………………………..(Name of the Project/Work/Facilities) as provided in the said
contract.

And WHEREAS, the payment terms of the said contract provide, that the Contractor shall furnish to the
purchaser, a Bank Guarantee in the sum of 10% value of the contract valid
till……………………………………….(date of validity including claim period as per terms and conditions of the
Contract).

NOW THEREFORE, THE DEED OF GUARANTEE WITNESSES AS FOLLOWS:

1) IN CONSIDERATION OF THE PROMISES, the Guarantor hereby guarantees that the Contractor will
Supply the aforesaid material and/or execute the Works strictly as per terms & conditions of the contract, failing
which the Guarantor shall pay to the Purchaser on demand all the moneys due and payable under this guarantee,
as the Guarantor may be called upon by Purchaser to pay, but not exceeding in the aggregate, the said sum of
Rs……………………………. (Rupees…………………………………………………………………), being 10% value
of the Contract.

2) The Guarantor shall pay to the Purchaser on demand the sum under Clause 1 above without demur and
without requiring the Purchaser to invoke any legal remedy that may be available to it to compel the Guarantor to
pay the same or to compel such performance by the Contractor, provided that where the Guarantor consider the
demand of the Purchaser unjustified shall nevertheless pay the same though under protest and shall not withhold
payment on that account.

3) The Guarantor further undertakes that this guarantee shall be kept valid and binding on the Guarantor
from the time this guarantee is given until fulfilment of all its commitments as provided in and as per the terms and
conditions of the said contract and the liability of the Guarantor hereunder shall not be impaired and/or discharged
by any extension of time or variations or alterations made, given, considered or agreed with or without the

40
Guarantor’s knowledge or consent by or between the parties involved and it will remain valid till all the terms &
conditions are duly satisfied.

4) We, the Guarantor, also undertake that we shall not, during the currency of this guarantee herein given or
during the period of its extension, if any, revoke the same without the written consent of the Purchaser.

5. This guarantee shall come into force from the date hereof and remain valid upto……………………………
However, the period of the contract is for any reason extended thereby extending the said date and upon such
extension, if the contractor fails to furnish a fresh or renewed Bank Guarantee for the extended period, the
Guarantor shall pay to the Purchaser the said sum of Rs. ……………………………. (Rupees
……………………………………………………) Or such lesser sum as the purchaser may demand.

6. It is not obligatory on the part of Purchaser to establish non-fulfilment of the contractual obligations by the
Contractor. We, the Guarantor, will on simple demand from Purchaser, pay the said amount of
Rs………………………………………………… (Rupees……………………………………..) as indicated in clause
(1) above without demur and without requiring purchaser to invoke any legal remedy, even if the Contractor
considers such demand of Purchase as unjustified. The decision of Purchaser that any sum has become payable
shall be final and binding on the Guarantor.

7. The guarantee shall not be determined or affected by the liquidation or winding up, dissolution or change
in the constitution of or insolvency of the Contractor or the Guarantor, but shall in all respects and for all purposes
be binding and operative until payment of all sum or amounts payable to Purchaser in terms hereof, are made.

8. We, the Guarantor further agree that the Guarantee will be extended/renewed TWO (2) months before the
expiry of this guarantee, if for any reasons the contract has not been completed within the scheduled time,
whether or not any written communication is made by the Purchaser in this behalf. The expected date of
completion shall be communicated by the Contractor to the Purchaser and the Guarantor for extending the validity
of the Guarantee. If the guarantee is not so extended, then the purchaser shall have fullest liberty, without any
question and objection, to encash the guarantee, without any notice to the guarantor or the contractor.

9. Any account settled between the Purchaser and the Contractor shall be conclusive evidence against the
Guarantor of the amount due and shall not be questioned by the Guarantor.

10. The neglect or forbearance of the purchaser in enforcement of payment of any moneys the payment
whereof is intended to be hereby secured or the giving of time by the purchaser for the payment thereof shall in
no way relieve the Guarantor of its liability under this deed.

11. The Purchaser and the Contractor will be at liberty to carry out any modifications in the said contract
during the currency of the contract and any extension thereof, notice of which modification to the Guarantor is
hereby waived.

12. The Guarantor also agrees that the purchaser at its option shall be entitled to enforce this guarantee
against the bank as a principle debtor, in the first instance without proceeding against the contractor and
notwithstanding any security or other guarantee the purchaser may have in relation to the contractor’s liability.

Notwithstanding anything contained above, the Guarantee hereunder is restricted to the said sum of
Rupees…………………………………………………and this guarantee shall expire on the
……………………………………….. (date) day of …………………………(month and year) unless claim under this
guarantee is filed upto the ………………….(date) ………………………………..(month & year), all such claim shall
lapse and the Guarantor shall be discharged from the guarantee.

FOR AND ON BEHALF OF THE GUARANTOR HAS SIGNED THIS DEED ON THE DAY AND YEAR FIRST
ABOVE WRITTEN.
Witness:
1……………………………… Signed by
For and on Behalf of the Guarantor
Name of the Bank, Address and common Seal
Name and Designation of the Authorized Signatory
2…………………………………

41
 Non-judicial Stamp Paper of state of
Uttarakhand of value as specified

-1-

THIS AGREEMENT made on …….(write date) …..between …………………..(write name of firm)……….

(hereinafter referred to as “The Contractor”) of the one part AND THE Power Transmission Corporation of
Uttarakhand Ltd. (PTCUL) (herein after called “Purchaser”) of the other part.

WHEREAS the contractor has agreed to execute and supply the ………………………….(write name of
tender)……….. “as per tender specification no. ……(specify no.)……… (hereinafter called “The Works”)
and for the purpose the covering letter, general requirement of specification, technical specification, schedule
of prices and required tools/ tackles/ plants and machinery for completion of work, has been signed by Shri
……. (Write name of authorized signatory), (write name of firm)………., on behalf of the Contractor and
Er./Shri …….(write name of officer from PTCUL), (write designation)…….. , PTCUL, Dehradun ( The
Purchaser ) on behalf of Power Transmission Corporation of Uttarakhand Ltd. (PTCUL) Dehradun and all
these documents are deemed to form part of this Contract as though as separately set out herein and are
included in the expression ‘Contract’ where ever herein used.

AND WHERE AS the Purchaser has accepted the tender of the contractor for ………………………….(write
name of tender)……….. as per tender specification no. ……(specify no.)……… for the sum of
Rs.…………(specify tender value in figures as well as words)………. upon the terms and subject to the
conditions mentioned herein after or the sum that may be due as per actual quantity of work.

NOW THESE PRESENT WITNESS and the parties here to hereby agree and declare as follows, that is
to say, in consideration of the payment to be made to the Contractor by the Purchaser, the
Contractor shall and will duly execute the works as per scope of work complete in all respect on the
terms and conditions mentioned in the Contract.

AND in consideration of successful execution of work by contractor and due performance of these works of
the Contract, the Purchaser does hereby for himself, his successors or assigns will pay to the contractor the
sum of Rs.…………(specify tender value in figures as well as words)……….or other sums as may
become payable to the Contractor under the provisions of this Contract.

IN THE WITNESS HEREOF the Parties here to have signed this Deed hereunder on the dates
respectively mentioned against the signature of each.

Signed by Signed by

(name of officer) (name of authorized signatory )

(designation of officer) Authorized Signatory
PTCUL, Dehradun For and on behalf of
(Name of firm)

Witness: - Witness:-

(1) (1)

(2) 2)

42
 DRAFT FORMAT OF MOBILIZATION ADVANACE BANK GUARANTEE

Note:
1. This Guarantee should be furnished by a Nationalized Bank/Scheduled Bank.
2. The Bank Guarantee should be furnished on Stamp paper as per requirements of Indian Stamp
Act.
3. The stamp paper should have been purchased in the name of the Guarantor executing the
Guarantee.
4. Any deviation in this format will not be acceptable.

Name of the Contract…………………………………………………………………..

Contract No. & Date………………………………………………………………………
Mob. Adv. Bank Guarantee No. & Date………………………………………….
Place……………………………………………………………………………………………..
Date……………………………………………………………………………………………….

To,

Executive Engineer,
220KV Operation & Maintenance Division,
POWER TRANSMISSION CORPORATION OF UTTARAKHAND LTD.
SIDCUL, Haridwar
Uttarakhand

Dear Sirs,
In consideration of Power Transmission Corporation of Uttarakhand Limited., Dehradun (herein after referred
to as “Employer” which expression shall unless repugnant to the context or meaning thereof, includes its
successors, administrators, assigns), having awarded to M/s ………………………………………………
having is registered office at
………………………………………………………………………………….(hereinafter referred to as “The
Contractor”, which expression shall unless repugnant to the context or meaning thereof, includes its
successors, administrators, assigns), a contract by issue of employer’s letter of Award No.
……………………………………….. dated …………………………….and the same having been
acknowledged by the contractor for Rs………………………………. For the construction of
……………………………………………………………….(Name of the Project/Work/Facilities) (hereinafter
called the contract), and the employer having agreed to make an advance payment to the contractor for
performance of the above contract amounting to Rs……………………………………… as an advance against
Bank Guarantee to be furnished by the contractor, towards Design, Erection, Construction & Commissioning/
Supply.

We …………………………………………..Bank Ltd having our registered office at

………………………………………..and among others a branch office at
………………………………………..(name, Address & Contact No.) (hereinafter referred to as “The
Guarantor”, which expression shall unless repugnant to the context or meaning thereof, includes its
successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the employer,
immediately on demand any or, all monies payable by the contractor to the extent of
Rs………………………………………………………………..as

aforesaid at any time up to…………………………………..without any demur, reservation, contest, recourse

or protest and / or without any reference to the contractor.
Any such demand made by the Employer on the Guarantor shall be conclusive and binding notwithstanding
any difference between the employer and the contractor or any dispute pending before any court, Tribunal,
Arbitrators or any authority. We the Guarantor, agree that the guarantee herein contained shall be
irrevocable and shall continue to be enforceable till the employer discharges this guarantee or expiry date
whichever is earlier.
The Employer shall have the fullest liberty without affecting in any way the liability of the Guarantor under the
guarantee, from time to time vary the advance or to extend the time for performance of the contract by the
contractor.
The employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the
exercise of any power vested in them or of any right which they might have against the contractor, and to
exercise the same at any time in any manner and to enforce or to forebear to enforce any covenants contain
or implied, in the Contract between the employer and the contractor or any other course or remedy or
security to the employer.
43
The Guarantor shall not be released of its obligation under these presents by any exercise by the employer
of its liberty with reference to the matter aforesaid or any of them or by reason of any other act or
forbearance or other acts of omission or commission on the part of the employer or by any other matter or
things whatsoever, which under law would, but for this provision have the effect of relieving the Guarantor.
The Guarantor also agrees that the employer at its option shall be entitled to enforce this guarantee against
the bank as a principle debtor, in the first instance without proceeding against the contractor and
notwithstanding any security or other guarantee the employer may have in relation to the contractor’s
liabilities.
Notwithstanding anything contained above, the Guarantee hereunder is restricted to the said sum of
Rupees………………………………….. and this guarantee shall expire on
the……………………………………………… (date) day of ……………………………….(month and year)
unless claim under this guarantee is filed upto the ……………………………..(date)………….(month & year),
all such claim shall lapse and the Guarantor shall be discharged from the guarantee.
FOR AND ON BEHALF OF HE GUARANTOR HAS SIGNED THIS DEED ON THE DAY AND YEAR FIRST
ABOVE WRITTEN.
Witness:
1……………………………… Signed by

For and on Behalf of the Guarantor

Name of the Bank, Address and Common Seal

Name and Designation of the Authorized Signatory
2…………………………………

44
 FORM OF POWER OF ATTORNEY FOR JOINT VENTURE

(On Non-judicial Stamp Paper of Appropriate value

to be Purchased in the Name of Joint Venture)

KNOW ALL MEN BY THESE PRESENTS THAT WE, the Partners whose details are given hereunder
…………………..………………………………………………… have formed a Joint Venture under the laws of
………………………………… and having our Registered Office(s)/Head Office(s) at ………………………………..
(hereinafter called the ‘Joint Venture’ which expression shall unless repugnant to the context or meaning thereof
include its successors, administrators and assigns) acting through M/s …………………………………………………
being the Partner in-charge do hereby constitute, nominate and appoint M/s …………………………………. a
Company incorporated under the laws of …………………………………………………. and having its
Registered/Head Office at ……………………………………… as our duly constituted lawful Attorney (hereinafter
called “Attorney” or “Authorised Representative” or “Partner In-charge”) to exercise all or any of the powers for and
on behalf of the Joint Venture in regard to Specification No. …………………………………… Package
……………………….. the bids for which have been invited by Power Transmission Corporation of Uttarakhand
Ltd., ‘Vidyut Bhawan’, Near ISBT Crossing, Saharanpur Road, Majra, Dehradun, Uttarakhand, India (hereinafter
called the ‘Employer’) to undertake the following acts:
i) To submit proposal and participate in the aforesaid Bid Specification of the Employer on behalf of the
“Joint Venture”.
ii) To negotiate with the Employer the terms and conditions for award of the Contract pursuant to the
aforesaid Bid and to sign the Contract with the Employer for and on behalf of the “Joint Venture”.
iii) To do any other act or submit any document related to the above.
iv) To receive, accept and execute the Contract for and on behalf of the “Joint Venture”.
It is clearly understood that the Partner In-charge (Lead Partner) shall ensure performance of the
Contract(s) and if one more Partner fail to perform their respective portions of the Contract(s), the
same shall be deemed to be a default by all the Partners.
It is expressly understood that this Power of Attorney shall remain valid binding and irrevocable till
completion of the Defect Liability period in terms of the Contract.
The Joint Venture hereby agrees and undertakes to ratify and confirm all the whatsoever the said
Attorney/Authorised Representatives/Partner in-charge quotes in the bid, negotiates and signs the
Contract with the Employer and/or proposes to act on behalf of the Joint Venture by virtue of this
Power of Attorney and the same shall bind the Joint Venture as if done by itself.

IN WITNESS THEREOF the Partners Constituting the Joint Venture as aforesaid have executed these presents
on this ……………….. day of ……………………… under the Common Seal(s) of their Companies.

For and on behalf of the

Partners of Joint Venture

…………………………….
…………………………….
…………………………….
The Common Seal of the above Partners of the Joint Venture:
The Common Seal has been affixed there unto in the presence of:
WITNESS

WITNESS
1. Signature ……………………..

Name ………………………….

Designation ………………………..

Occupation ………………………..

2. Signature ……………………..

Name ………………………….

Designation ………………………..

Occupation ………………………..

45
 FORM OF UNDERTAKING BY THE JOINT VENTURE PARTNERS
(On Non-Judicial Stamp Paper of Appropriate Value if required)

THIS JOINT DEED OF UNDERTAKING executed on this …………. Day of ……… Two Thousand and
…………….. by ………………. A company incorporated under the laws of ………………. And having its
Registered Office at …………………………..(hereinafter called the “Party No. 1” which expression shall
include its successors, executors and permitted assigns) and M/s ………………… a company incorporated
under the laws of …………………… and having its Registered Office at ………………………….(hereinafter
called the “Party No 2” which expression shall include its successors, executors and permitted assigns)for
the purpose of making a bid and entering into a contract [hereinafter called the “Contract” (in case of award)]
against the Specification No…………………… for Transmission Line Tower Package _________________
associated with _______________________ of Power Transmission Corporation of Uttarakhand Limited, a
Company incorporated under the Companies Act of 1956 having its registered office at ‘Vidyut Bhawan’,
Near ISBT Crossing, Saharanpur Road, Majra, Dehradun, Uttarakhand, India (hereinafter called the
“Employer”).

WHEREAS the Party No. 1 and Party No. 2 have entered into an Agreement dated …………….

AND WHEREAS the Purchaser invited bids as per the above mentioned Specification for the design,
manufacture, Supply of Equipment Materials stipulated in the bidding documents under Transmission Line
Tower Package _______________ associated with __________________________

AND WHEREAS Clause 4, Section-1 (ITB) & Qualification Criteria as given in section-3 of the bidding
documents, inter-alia stipulates that an Undertaking of two or more qualified manufacturers as partners,
meeting the requirements of Qualification Criteria, as applicable may bid, provided, the Joint Venture fulfills
all other requirements and Qualification Criteria, and in such a case, the Bid Forms shall be signed by all the
partners so as to legally bind all the Partners of the Joint Venture, who will be jointly and severally liable to
perform the Contract and all obligations hereunder.

The above clause further states that this Undertaking shall be attached to the bid and the Contract
performance guarantee will be as per the format enclosed with the bidding document without any
restrictions or liability for either party.

AND WHEREAS the bid is being submitted to the Employer vide proposal No. ………… dated
…………………….… by Party No. 1 based on this Undertaking between all the parties;

Under these presents and the bid in accordance with the requirements of Clause 11.3, Section-ITB and BDS
(documents establishing the Qualification of Bidder) & Qualification Criteria to BDS, has been signed by all
the parties.

NOW THIS UNDERTAKING WITNESSETH AS UNDER:

1. In requirement of the award of the Contract by the Employer to the Joint Venture Partners, we, the
Parties do hereby undertake that M/s ……………………. The Party No. 1, shall act as Lead
Partner and further declare and confirm that we the parties to the Joint Venture shall jointly and
severally be bound unto the Purchaser for the successful performance of the Contract and shall
be fully responsible for the design, manufacture, supply and successful performance of the
equipment in accordance with the Contract;
2. In case of any breach or default of the said Contract by any of the parties to the Joint Venture, the
party(s) do hereby undertake to be fully responsible for the successful performance of the
Contract and to carry out all the obligations and responsibilities under the Contract in accordance
with the requirements of the Contract.
3. Further, if the Employer suffers any loss or damage on account of any breach in the Contract or
any shortfall in the performance of the equipment in meeting the performances guaranteed as per
the specification in terms of the Contract, the Party(s) of these presents undertake to promptly
make good such loss or damages caused to the Employer, or its demand without any demur. It
shall not be necessary or obligatory for the Employer to proceed against Lead Partner to these
presents before proceedings against or dealing with the other Party(s), the Employer can proceed
against any of the parties who shall be jointly and severally liable for the performance and all
other liabilities/obligations under the Contract to the Employer.

46
 4. The financial liability of the Parties of this Deed of Undertaking to the Employer, with respect to
any of the claims rising out of the performance or non-performance of the obligations set forth in
this Deed of Undertaking, read in conjunction with the relevant conditions of the Contract shall,
however not be limited in any way so as to restrict or limit the liabilities or obligations of any of the
Parties of this Deed of Undertaking.
5. It is expressly understood and agreed between the Parties of this Undertaking that the
responsibilities and obligations of each of the Parties are given as in the bid. It is further
undertaken by the parties that the above sharing of responsibilities and obligations shall not in any
way be a limitation of joint and several responsibilities of the Parties under the Contract.
6. It is also understood that this Undertaking is provided for this purposes of undertaking joint and
several liabilities of the partners to the Joint Venture for submission of the bid and performance of
the Contract and that this Undertaking shall not be deemed to give rise to any additional liabilities
or obligations, in any manner or any law, on any of the Parties to this Undertaking or on the Joint
Venture, other than the express provisions of the Contract.
7. This Undertaking shall be construed and interpreted in accordance with the provisions of the
Contract.
8. In case of an award of a Contract, we the parties to this Deed of Undertaking do hereby agree
that we shall be jointly and severally responsible for furnishing a Contract performance security
from a bank in favour of the ‘Employer in the currency/currencies of the Contract.
9. The responsibility of all the member of joint-venture in respect of planning, design, manufacturing,
supply, installation, commissioning, training and other activities is annexed to this undertaking.
Further all the members of the joint-venture will have active participation in execution during the
currency of contract. This will not be varied/modified during the currency of contract without prior
approval of the employer.
10. It is further agreed that this Deed of Undertaking shall be irrevocable and shall form an integral
part of the bid and shall continue to be enforceable till the Employer discharges the same or upon
the completion of the Contract in accordance with its provisions, whichever is earlier. It shall be
effective from the date first mentioned above for all purposes and intents.

IN WITNESS WHEREOF, the Parties to this Deed of Undertaking have through their authorized
representatives executed these presents and affixed Common Seals of their companies, on the day, month
and year first mentioned above.

Common Seal of……………………………. For Lead Partner (Party No. - 1

has been affixed in my/our presence For and on behalf of M/s
pursuant to Board of Director’s Resolution ……………………………………
dated …………………….

Name ………………………….

Designation …………………….. (Signature of the authorized

representative)
Signature ………………………..

WITNESS:

I. ………………………………..

II. ……………………………….

Common Seal of……………………………. For Party No.-_ 2

has been affixed in my/our presence For and on behalf of M/s………………
pursuant to Board of Director’s Resolution
dated …………………….

Name …………………………….. (Signature of the authorized

representative)
Designation ……………………..

Signature ………………………..

47
7.3 FORM OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT
HANDED OVER IN ONE LOT BY PTCUL FOR PERFORMANCE OF ITS CONTRACT

INDEMNITY BOND

THIS INDEMNITY BOND is made this …………… day of ……. 200…… by ………. a Company registered
under the Companies Act, 1956/Partnership firm/proprietary concern having its Registered Office at
………….. (hereinafter called as ‘Contractor’ or “Obligor” which expression shall include its successors and
permitted assigns) in favour of Power Transmission Corporation of Uttarakhand Ltd., a Company
incorporated under the Companies Act, 1956 having its Registered Office at Power Transmission
Corporation of Uttarakhand Ltd., (PTCUL) ‘Vidyut Bhawan’ Near ISBT, Crossing, Saharanpur Road, Majra,
Dehradun- 248002, Uttarakhand, India and its project at ……….(hereinafter called “PTCUL” which
expression shall include its successors and assigns):

WHEREAS PTCUL has awarded to the Contractor a Contract for ……………………… vide its Notification of
Award/contract No. ………………….. dated ………………… and its Amendment No. ………………..
(applicable when amendments have been issued) (hereinafter called the “Contract”) in terms of which
PTCUL is required to hand over various Equipment to the Contractor for execution of the Contract.

AND WHEREAS by virtue of Clause No………. of the said Contract, the Contractor is required to execute an
indemnity bond in favour of PTCUL for the Equipment handed over to it by PTCUL for the purpose of
performance of the Contract/Erection portion of the Contract (hereinafter called the “Equipment”).

AND THEREFORE, this Indemnity Bond witnesseth as follows:

1. That in consideration of various Equipment as mentioned in the Contract, valued at (amount in words
………………………………………..) handed over to the Contractor for the purpose of performance of
the Contract, the Contractor hereby undertakes to indemnify and shall keep PTCUL indemnified, for
the full value of the Equipment. The Contractor hereby acknowledges receipt of the Equipment as
per dispatch title documents handed over to the Contractor duly endorsed in their favour and detailed
in the Schedule appended hereto. It is expressly understood by the Contractor that handing over of
the dispatch title documents in respect of the said Equipments duly endorsed by PTCUL in favour of
the Contractor shall be construed as handing over of the Equipment purported to be covered by such
title documents and the Contractor shall hold such Equipment in trust as a Trustee for and on behalf
of PTCUL.

2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection
and custody of the Equipment at PTCUL project Site against all risks whatsoever till the Equipment
are duly used/erected in accordance with the terms of the Contract and the Plant/Package duly
erected and commissioned in accordance with the terms of the Contract, is taken over by PTCUL.
The Contractor undertakes to keep PTCUL harmless against any loss or damage that may be
caused to the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and conditions and no
part of the equipment shall be utilized for any other works of purpose whatsoever. It is clearly
understood by the Contractor that non-observance of the obligations under this Indemnity Bond by
the Contractor shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.

4. That PTCUL is and shall remain the exclusive Owner of the Equipment free from all encumbrances,
charges or liens of any kind, whatsoever. The equipment shall at all times be open to inspection and
checking by the Employee or Employer’s Representative in this regard. Further, PTCUL shall always
be free at all times to take possession of the Equipment in whatever from the equipment may be, if in
its opinion, the Equipment are likely to be endangered, misutlised or converted to uses other than
those specified in the Contract, by any acts of omission or commission on the part of the Contractor
or any other person or on account of any reason whatsoever and the Contractor binds himself and
undertakes to comply with the directions of demand of PTCUL to return the equipment without any
demur or reservation.

48
5. That this indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipment
or the same or any part thereof is misutilised in any manner whatsoever, then the Contractor hereby
agrees that the decision of the Employer’s Representative as to assessment of loss or damage to
the Equipment shall be final and binding on the Contractor. The Contractor binds itself and
undertakes to replace the lost and/or damaged Equipment at his own cost and/or shall pay the
amount of loss to PTCUL without any demur, reservation or protest. This is without prejudice to any
other right or remedy that may be available to PTCUL against the Contractor under the Contract and
under this Indemnity Bond.

6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with
the terms and conditions of this Bond to the satisfaction of PTCUL, THEN the above Bond shall be
void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised representative
under the common seal of the Company, the day, month and year first above mentioned.

49
 SCHEDULE

Particulars of the Quantity Particulars of Despatch title Value of the Signatory of the
Equipment handed Documents Equipment Attorney in token
over of receipt
RR/GR No. Carrier
date of lading

For and on behalf of

M/s …………………………………
WITNESS

1. 1. Signature …………………….. Signature ………………………

2. Name …………………………. Name ……………………………

3. Address ……………………….. Address ………………………….

Authorised representative

2. 1. Signature ……………………..

2. Name …………………………. (Common Seal)

(In case of Company)
3. Address ………………………..

Indemnity Bonds are to be executed by the authorized person and (i) in case of contracting Company under
common seal of the Company or (ii) having the power of attorney issued under common seal of the company
with authority to execute Indemnity Bonds, (iii) In case of (ii), the original Power of Attorney if it is specifically
for this Contract or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such
documents should be attached to Indemnity Bond.

50
7.4 FORM OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT
HANDED OVER IN INSTALLMENTS BY PTCUL FOR PERFORMANCE OF ITS CONTRACT

INDEMNITY BOND

THIS INDEMNITY BOND is made this …………… day of ……. 200…… by ………. a Company registered
under the Companies Act, 1956/Partnership firm/proprietary concern having its Registered Office at
………….. (hereinafter called as ‘Contractor’ or “Obligor” which expression shall include its successors and
permitted assigns) in favour of PTCUL, a Company incorporated under the Companies Act, 1956 having its
Registered Office at ‘Vidyut Bhawan’ Near ISBT, Crossing, Saharanpur Road, Majra, Dehradun- 248002,
Uttarakhand, India and its project at …………….(hereinafter called “PTCUL” which expression shall include
its successors and assigns):

WHEREAS PTCUL has awarded to the Contractor a Contract for ……………………… vide its Notification of
Award/contract No. ………………….. dated ………………… and Amendment No. ……………….. (applicable
when amendments have been issued) (hereinafter called the “Contract”) in terms of which PTCUL is required
to hand over various Equipment to the Contractor for execution of the Contract.

AND WHEREAS by virtue of Clause No………. of the said Contract, the Contractor is required to execute an
indemnity bond in favour of PTCUL for the Equipment handed over to it by PTCUL for the purpose of
performance of the Contract/Erection portion of the Contract (hereinafter called the “Equipment”).

AND THEREFORE, this Indemnity Bond witnesseth as follows:

1. That in consideration of various Equipments as mentioned in the Contract, valued at (amount in

words ………………………………………..) to be handed over to the Contractor in installments from
time to time for the purpose of performance of the contract, the Contractor hereby undertakes to
indemnify and shall keep PTCUL indemnified, for the full value of Equipment. The Contractor hereby
acknowledges receipt of the initial installment of the equipment per details in the schedule appended
hereto. Further, the Contractor agrees to acknowledge receipt of the subsequent installments of the
Equipment as required by PTCUL in the form of Schedules consecutively numbered which shall be
attached to this Indemnity bond so as to form integral parts of this Bond. It is expressly understood
by the Contractor that handing over the dispatch title documents in respect of the said Equipments
duly endorsed by PTCUL in favour of the Contractor shall be construed as handing over of the
Equipment purported to be covered by such title documents and the Contractor shall hold such
Equipment in trust as a Trustee for and on behalf of PTCUL.

2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection
and custody of the Equipment at PTCUL project Site against all risks whatsoever till the Equipment
are duly used/erected in accordance with the terms of the Contract and the Plant/Package duly
erected and commissioned in accordance with the terms of the Contract, is taken over by PTCUL The
Contractor undertakes to keep PTCUL harmless against any loss or damage that may be caused to
the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and conditions and no part
of the equipment shall be utilized for any other work or purpose whatsoever. It is clearly understood
by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor
shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all intents and
purpose including legal/penal consequences.

4. That PTCUL is and shall remain the exclusive Owner of the Equipment free from all encumbrances,
charges or liens of any kind, whatsoever. The equipment shall at all times be open to inspection and
checking by the Employer’s Representative in this regard. Further, PTCUL shall always be free at all
times to take possession of the Equipment in whatever from the equipment may be, if in its opinion,
the Equipment are likely to be endangered, misutlised or converted to uses other than those specified
in the Contract, by any acts of omission or commission on the part of the Contractor or any other
person or on account of any reason whatsoever and the Contractor binds himself and undertakes to
comply with the directions of demand of PTCUL to return the equipment without any demur or
reservation.

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5. That this indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipment or
the same or any part thereof is misutilised in any manner whatsoever, then the Contractor hereby
agrees that the decision of the Employer’s Representative as to assessment of loss or damage to the
Equipment shall be final and binding on the Contractor. The Contractor binds itself and undertakes to
replace the lost and/or damaged Equipment at his own cost and/or shall pay the amount of loss to
PTCUL without any demur, reservation or protest. This is without prejudice to any other right or
remedy that may be available to PTCUL against the Contractor under the Contract and under this
Indemnity Bond.

6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with the
terms and conditions of this Bond to the satisfaction of PTCUL, THEN the above Bond shall be void,
but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised representative
under the common seal of the Company, the day, month and year first above mentioned.

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 DECLARATION
Schedule-C
(To be executed on a non-judicial stamp paper of Rs. 100/- with a revenue stamp of Rs. 1/-
affixed)
Tender invited by:-
Chief Engineer (O&M)
Garhwal Zone,
Power Transmission Corporation of Uttarakhand Ltd.
26-Civil Lines,
Roorkee-247 667

TENDER FOR :

Name of Tenderer………………… …………………

TENDER SPECIFICATION NO. & DATE OF OPENING:

In Consideration of the Power Transmission Corporation of Uttarakhand Ltd. having treated

the Tenderer to be an eligible person whose tender may be considered the Tenderer agrees to the
condition that the proposal in response to the above invitation shall not be withdrawn within 180
days (or any extension thereof) from the date of opening of the tender also to the condition that if
hereafter the Tenderer does withdraw his proposal within the said period, the Earnest Money
deposited by him may be forfeited to the Power Transmission Corporation of Uttarakhand Ltd. and
at the discretion the purchaser. The Purchaser may debar the Tenderer from tendering for a
minimum period of one year, reckoned from the date of opening of the tender.
Signed this day of …………….20……..
Place Signed by
State title (whether)
(Proprietor/Partner)
Witness: Name of the firm
Signature Address of the firm
Name Seal of the firm
Address

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