Tender Documents For Mandira Small Hydro Electric Project (10Mw), Odisha Volume-1 of 4

GEDCOL SAIL POWER
CORPORATION LIMITED
TENDER DOCUMENTS FOR MANDIRA SMALL

HYDRO ELECTRIC PROJECT (10MW),
ODISHA
Volume- 1 of 4
CONSULTANT:
WAPCOS LIMITED
(A Government of India Undertaking)
Ministry of Water Resources, River
Development & Ganga Rejuvenation
2nd Floor, SKV House,
Plot No. 57, Sector-18, Gurugram
Haryana-122015
Tel.: +91-124-2343425
E-mail: ceelectrical@wapcosindia.com
December, 2019
EPC Tendering Document for Volume – 1, Part I to IV
Mandira Small Hydro Electric Project (3x3.33 MW), Odisha Contents
CONTENTS
Volume Description Page No.

Part
Part-I Notice Inviting Tender (NIT) 1-1 to 1-9
Volume-1
Part-II Project Details 1-10 to 1-15
Part-III Instruction to Bidders (ITB) 1-16 to 1-49
Part-IV Conditions of Contract 1-50 to 1-107

EPC Tendering Document for Volume – 1, Part – I
Mandira Small Hydro Electric Project (3x3.33 MW), Odisha Notice Inviting Tenders
GEDCOL-SAIL POWER CORPORATION LIMITED (GSPCL)

GEDCOL Corporate Office, 2nd Floor, OSPH & WC Building, Vani Vihar, Janpath, Bhoinagar,
Bhubaneswar – 751022, Odisha
NOTICE INVITING TENDERS FOR SELECTION OF EPC CONTRACTOR FOR SUPPLY AND
INSTALLTION OF 10 MW CAPACITY SMALL HYDRO ELECTRIC PROJECT INCLUDING POST
COMMISSIONING OPERATION AND MAINTENANCE FOR A PERIOD OF 5 YEARS AT MANDIRA
DAM IN ODISHA
(NATIONAL COMPETITIVE BIDDING)
Tender No.………………….. of 2019 dated. ……………………….
1. On behalf of GEDCOL-SAIL POWER CORPORATION LIMITED (GSPCL), Sealed Bids in

quadruplicate (One Original plus three duplicate) and comprising of three parts (I, II &
III) are invited from eligible Bidders for SELECTION OF EPC CONTRACTOR FOR
SUPPLY AND INSTALLTION OF 10 MW CAPACITY SMALL HYDRO ELECTRIC PROJECT
INCLUDING POST COMMISSIONING OPERATION AND MAINTENANCE FOR A
PERIOD OF 5 YEARS AT MANDIRA DAM IN ODISHA
Three parts of Bid will consist of:

Part–I: Earnest Money
Part–II: Technical and Commercial Bid.
Part–III: Price BID
2. ELIGIBILITY OF THE BIDDERS
2.1 Qualification Criteria:
2.1.1 The Qualification will be subjected to Bidder’s fulfillment of Qualification Criteria and
stipulated as hereunder, substantiated by authentic & relevant information and
details in the prescribed formats. Additional information in support of their claims of
achievements may be furnished.
2.1.2 The Bidders should have proven experience as contractor(s) in successful execution
of at least one small hydro project of at least 8 MW, or two projects of 4 MW each
capacity of type, magnitude and nature similar to the items listed in the Bid
document in the last 10 years, as per prevailing National and International Standards.
Only such experienced and capable contractors shall be the Eligible Bidders. The
executed project should be in successful operation for minimum two years.
2.2 Technical Criteria:
The Bidder shall mean and comprise of the following arrangements:
2.2.1 Should be a registered company under Indian Companies Act (1956).

2.2.2 In case of Joint Venture/Consortium of two or more companies with one partner as
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Lead partner (whose company is registered in India) with joint and several
responsibilities by the other partner for all the responsibilities under the bid.
For the purpose of evaluation of qualification criteria, the lead partner shall alone
meet the Technical and Financial Eligibility Criteria and any of the partners shall
individually qualify for the Specific Eligibility Criteria given under cl no. 2.3. The
partner satisfying the Eligibility Criteria under civil works shall have more than 50%
share in the joint venture arrangement.
2.2.3 JV/Consortium partners should be a civil contractor, electro-mechanical contractor
and hydro mechanical contractor having executed similar works. However, In case of
Hydro mechanical works, Transmission and Distribution works, and Operation and
maintenance works, Design/Planning (Civil works), the sub-contractors shall be
allowed. However, the sub-contractors shall also individually qualify for the Eligibility
Criteria given under cl no. 2.3.3.
2.2.4 The Bidder should have adequate infrastructure, plant, manufacturing, commissioning
and testing capacity available to perform the works properly and expeditiously within
the time period specified.
2.2.5 The Bidder should have adequate field service setup to provide necessary field
execution.
2.2.6 The Bidder should have established quality assurance system and organization
designed to achieve high level of all project elements, plant and equipment reliability,
both during construction, manufacturing, field installation and plant running activities.
2.2.7 Joint Venture/Consortium Partners shall be bound by a Joint & Severally responsibility
agreement. In case of sub-contractors, there shall be a Joint Deed of Undertaking for
completion of the Contract.
2.2.8 The Bidder proposing to associate any sub-contractor shall ensure that the proposed
sub-contractor does not participate as a JV/Consortium partner with another Bidder.
In case it is done so, the sub-contractor’s experience will not be considered for
evaluation of the Bidder proposing him/her/it as a sub-contractor.
2.2.9 The Qualification of a JV/Consortium does not necessarily qualify any of its partners
individually or as a partner in any other JV/Consortium.
2.2.10 If the present performance of the Bidder or any of the members in case of a
JV/Consortium, in a current contract for any major work is unsatisfactory as certified
by the project authority of the relevant project, the Bidder’ is liable to be disqualified.
2.3 Specific Experience:
The Bidder shall satisfy the following requirements in the preceding Ten (10) years
from the date of notification of this bid:
2.3.1 Civil Works
(a) The bidder should have completed civil works of at least one small hydro
project of atleast 8 MW capacity, or two projects of 4 MW each, involving the
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following components:
i) Head Regulator
ii) Water Conductor System (Channel/Tunnels)
iii) Intake & Penstock works
iv) Surface Power House
v) Tail Race Channel
(b) The executed projects should be in successful operation for minimum two
years as on the date of notification of this bid.
2.3.2 Electromechanical Works
a) The Bidder should have experience of design, engineering, supply and

installation of S-type Horizontal Kaplan Hydro Turbines alongwith mechanical
auxiliaries etc. for at least one low head small hydro project of atleast 8 MW
capacity, or two projects of 4 MW each, in last ten years which has been
successfully erected/supervised, tested and commissioned.
b) The Bidder should have experience of design, engineering, supply and
installation of hydro generators alongwith accessories, transformer, micro-
processor based SCADA system, generator control monitoring &protection
system etc. for at least one low head small hydro project of atleast 8 MW
c) The executed projects should be in successful operation for minimum two
years as on the date of notification of this bid.
2.3.3 In case of, sub-contracting agencies for the works of Hydro-Mechanical works,
Transmission and Distribution, Operation and Maintenance. The sub-contractor
should meet the following experience in the preceding ten (10) years as reckoned
from the date of the notification of the Bid.
2.3.3.1 Hydro Mechanical Works
a) Should have experience of design, fabrication & erection of Head Regulator

gates, Trash Racks, Penstock, Intake Gates, Draft Tube Gates in general, and;
b) Should have experience of design, engineering, manufacturing and supply of
at least Three (3) nos. Head regulating gates having area of not less than 50
Sq.m for each gate and similarly, should have experience to manufacture
Draft Tube & Intake Gates, which should have been in successful operation
for a period of at least two years as on the date of notification of this bid.
c) Should have experience of design, engineering, manufacturing and supply of
at least two Rope drum hoist & Monorail hoist of capacity of atleast 35 MT or
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more capacity, which should have been in successful operation for a period
of at least two years as on the date of notification of this bid.
d) Should have experience of Design, fabrication & erection of penstock of
minimum size of 2.5 m diameter.
2.3.3.2 Transmission & Distribution Works
Should have experience in designing and execution of 33 kV switchyard and 8 Km
long 33 kV Transmission Line which has been successfully erected/supervised, tested
and commissioned at minimum two different projects during past ten (10) years.
2.3.3.3 Operation and Maintenance

a) Should have at least three years’ experience in Operation & Maintenance of
hydro power generation projects of 4 MW or above having sufficient
managerial and technical capabilities.
b) Should have a team of qualified professionals & highly skilled artisans with
sufficient and adequate tools & tackles for executing the work of Operation &
Maintenance of the Hydro Electric Project.
c) Should furnish documentary proof in support of their experience.
2.3.3.4 Planning, Design and Engineering (Civil works):

a) Civil Engineering works for at least one small hydro project of capacity of 8 MW
involving components like Head Regulator, Water Conductor System
(Channel/tunnels), Head Race, Intake, Surface Power House, Switchyard etc.
2.4 GENERAL/FINANCIAL CAPABILITY:
2.4.1 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of
interest shall be disqualified. A Bidder may be considered to have a conflict of
interest with one or more parties in this bidding process, if :
i) they have a controlling partner in common; or
ii) they receive or have received any direct or indirect subsidy from any of
them; or
iii) they have the same legal representative for purposes of this bid; or
iv) they have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about or
influence on the bid of another Bidder, or influence the decisions of the
Employer regarding this bidding process; or
v) a Bidder submits more than one bid in this bidding process. However, this
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does not limit the participation of an entity, who is not a sole bidder in any
bid, as a subcontractor in multiple bid as a subcontractor.
vi) a Bidder or any of its affiliates participated as a consultant in the preparation

of the design or technical specifications of the Plant and Installation Services
that are the subject of the bid.
vii) a Bidder or any of its affiliates has been hired (or is proposed to be hired) by
the Employer or the Borrower as Project Manager for the contract.
2.4.2 Government-owned entities shall be eligible only if they can establish that they (i)
are legally and financially autonomous, (ii) operate under the principles of
commercial law, and (iii) are not dependent agencies of the GSPCL.
2.4.3 Non-performance of a contract did not occur within the last Three (3) years prior to
the deadline for application submission, based on all information on fully settled
disputes or litigation. A fully settled dispute or litigation is one that has been
resolved in accordance with the Dispute Resolution Mechanism under the respective
contract, and where all appeal instances available to the bidder have been
exhausted.
2.4.4 All pending litigation shall in total not represent more than Twenty Five percent
(25%) of the Bidder’s net worth and shall be treated as resolved against the Bidder.
2.4.5 Bidder shall submit audited balance sheets, for the last Three [3] years to
demonstrate the current soundness of the bidders financial position and its
prospective long term profitability.
i) Positive net worth for last Three (3) years

ii) Positive operating profit for at least 2 out of last 3 years.
2.4.6 Minimum average annual turnover of INR 25 Crore for similar nature of works,
calculated as total certified payments received for contracts in progress or
completed, within the last Three (3) years.
2.4.7 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 than any contractual advance payments to meet:
(i) The minimum cash flow of INR 9 Crore, and

(ii) the overall cash flow requirements for this contract and its current commitments.
3. The above stated brief requirements are minimum required and GSPCL reserves
the right to request for any additional information as may be required. The detailed
eligibility criteria is given in ITB clause 2 and Each bidder must comply the same.
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4. Agreement shall be drawn with successful Bidder on prescribed Form. Bidder shall
quote their rates as per various terms and conditions of the said form which will
form part of the agreement.
5. The time allowed for carrying out the work will be 30 (Thirty) months.
6. Bid documents comprising of Technical Specifications, Schedule of Prices of the

various works to be done and these terms and conditions of the contract to be
complied with by the contractor whose bid may be accepted.
The Tender documents shall only be downloaded from GEDCOL website i.e.
www.gedcol.com and the bidders shall submit the Bid alongwith the Bid documents
cost of Rs. 23,600/- (Rs. 20,000 + 18% GST) (Rupees Twenty Three Thousand Six
Hundred Only) at the time of submission of the Bid, payment to be made through
demand draft of any scheduled bank in favour of GSPCL payable at ODISHA. Bids
without proof of Bid document cost shall be summarily rejected.
The Bidders who are willing to participate in the tender, they may download the
Bid documents as mentioned above and confirm Chief General Manager, GSPCL in
writing about participation to info@gspcl.com on (or) before T0+11 weeks (01:00
PM).
7. Bids in sealed envelope, with the name of work and due date written on the
envelopes, will be received in the office of the Chief General Manager, GSPCL,
GEDCOL Corporate Office, 2nd Floor, OSPH & WC Building, Vani Vihar, Janpath,
Bhoinagar, Bhubaneswar – 751022, Odisha.
8. Dates of different activities of Biding:
S. No. Event Date & Time Venue

1. Sale of Bid T0 GEDCOL website
Documents
2. Requests for T0+4 Weeks To be received by Email, Fax or
Clarifications on through Post at GEDCOL
Bid Documents Corporate Office Odisha
3. Pre-Bid Meeting T0+5 Weeks GEDCOL Corporate Office
Odisha
4. Last date for receipt T0+6 Weeks To be received by Email, Fax or
of queries from through Post at GEDCOL
Bidders Corporate Office Odisha
5. Reply to queries by T0+8 Weeks To be replied by email/GEDCOL
GSPCL website
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6. Closing of Sale of T0+11 Weeks GEDCOL website

Bid Documents (up to 01:00 PM)
7. Last Date for T0+11 Weeks GEDCOL Corporate Office
Receipt of Bids (up to 03:00 PM) Odisha
8. Opening of Bids T0+11 Weeks GEDCOL Corporate Office
(up to 03:30 PM) Odisha
9. Earnest Money
The Bids shall be accompanied by Earnest Money Deposit (EMD) of INR 80 Lakhs
Only (Rupees Eighty Lacs Only) in the form of Bank Guarantee from a National bank
drawn in favour of GSPCL, Odisha and payable at it’s Odisha Branch.
The Earnest Money, Technical and Commercial Bid and Prices shall be placed
in separate sealed envelopes each marked Part-I, Part-II and Part-III
respectively. These envelopes shall be submitted together in another sealed
envelope. The Part-II of Bid of only those Bidders shall be opened whose earnest
money found to be in order. Part-III of the Bid, of only technically and commercially
eligible Bids, shall be opened on date and time which will be informed to them after
technical evaluation of bids.
10. Description of the works
10.1. Design, Manufacturing, Shop Testing and Inspection, Supply, Storage & Handling
at site, Construction, Erection, Testing and Commissioning of Civil, Hydro-
Mechanical and Electro-Mechanical works including Operation and Maintenance
of the commissioned Project for 5 years for 10 MW CAPACITY SMALL HYDRO
ELECTRIC PROJECT AT MANDIRA DAM IN ODISHA. Any other work required for the
successful completion and operation of above stated project but not stated in the
tender document will deemed to be included within the scope of works with no
extra cost to the Employer.
10.2. Bidders are advised to inspect and examine the site and its surroundings including
weather conditions, water quality and Transportation Limitations and acquaint
themselves before submitting their Bids. They should know about the nature of the
ground and sub-soil (so far as is practicable), the topography of the site, the means
of access to the site, the accommodation they may require and in general shall
themselves obtain all necessary information as to risks, contingencies and other
circumstances including obtaining statutory clearances which may influence or
affect their working/Bid. A Bidder shall be deemed to have full knowledge of the
site whether he inspects it or not and no extra charges consequent on any
misunderstanding or otherwise shall be allowed.
10.3. The Bidder shall be responsible for arranging and maintaining at his own cost all
materials, tools & plants, water, electricity access, facilities for workers and all other
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services required for execution of the work.
10.4. Submission of Bid by a Bidder implies that he has read this notice and all other
contract documents and has made himself aware of the scope and specifications of
the work to be done and of local conditions and other factors having a bearing on
execution of the work.
10.5. The competent authority on behalf of GSPCL, reserves the right not to accept the
lowest or any other Bid or all of the Bids received/responses without assigning of a
reason thereof. Also, reserves to himself the right of accepting the whole or any
part of the Bid and the Bidder shall be bound to perform the same at the rate
quoted.
11. All Bids, in which any of the prescribed conditions is not fulfilled or any condition
including that of conditional rebate is put forth by the Bidder, shall be summarily
rejected. Conditional Bids will also be rejected without assigning any reason.
12. Canvassing whether directly or indirectly, in connection with Bids is strictly

prohibited and the Bids submitted by the Bidders who resort to canvassing will be
liable to rejection.
13. The Bid for the works shall remain open for acceptance for a period of 180 days from
the closing date prescribed by employer for receiving of bids. If any Bidder
withdraws his Bid before the said period or makes any modifications in the terms
and conditions of the Bid, which are not acceptable to the Department, then this
department shall, without prejudice to any other right or remedy, beat liberty to
forfeit of the said Earnest Money as aforesaid.
14. This Notice Inviting Tender shall form a part of the contract document. The
successful Bidder/ Contractor, on acceptance of his Bid by the Accepting Authority,
shall, within 30 days from the date of issue of the letter of intent, submit a contract
performance guarantee and sign the contract comprising of: The notice inviting
Bid, Project Details, Instruction to Bidder (ITB), Conditions of Contract (CC),
General Technical Specifications (GTS), Particular Technical Specifications (PTS),
Specifications for O&M, Price Schedule, Drawings and Forms and any other
documents, if any, forming the Bid as issued at the time of invitation of Bid and
acceptance thereof together with any correspondence leading thereto.
15. While this document has been prepared in good faith, neither GSPCL nor its
employees or advisors make any representation or warranty, express or implied, or
accept any responsibility or liability, whatsoever, in respect of any statements or
omissions herein or the accuracy, completeness or reliability of information and
shall incur no liability under any law, statute, rules or regulations as to the accuracy,
reliability or completeness of this document, even if any loss or damage is caused by
any act or omission on their part.
16. GSPCL reserves the right to accept, revoke or reject any tender and to annul the
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bidding process and reject all bids, at any time prior to allotment of Project. In the
event of cancellation/ revocation/ withdrawals etc., the bidder shall not claim any
right/claim or any amount (Except the refund of amount of EMD, if any deposited)
for any reason whatsoever from GSPCL or the State. No right or claim shall be
deemed to have been accrued in favor of a successful bidder.
17. GSPCL reserves its right to cancel the allotment of Project even after issuance of
Letter of Award, if it comes to its notice the allotment was obtained by some
misrepresentation/suppression/concoction of facts/profile etc. and also for there
as on that the execution/continuation by the Contractor is not in the interest of
State and the Public.
18. The successful Bidder should not assume that his bid shall automatically be
accepted. Prior to the expiry of the period of bid process prescribed by GSPCL in this
document including extensions, if any, GSPCL will notify the successful bidder by
telegram or telefax, to be confirmed in writing by registered letter, that his bid has
been accepted. No correspondence will be entertained from the unsuccessful
bidders.
19. Mere issuance of bidding document to any bidder shall not construe that such bidder
is considered to be qualified. Bidders in their own interest are advised to ascertain
meeting the qualification criteria before purchasing the bid document.
Chief General Manager

GSPCL, Odisha
Email: info.gspcl@gmail.com
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EPC Tendering Document for Volume – 1, Part – II
Mandira Small Hydro Electric Project (3x3.33 MW), Odisha Project Details

PROJECT DETAILS

1.1 PROJECT BACKGROUND
The Mandira Dam is constructed across the river Sankh in January 1959. The river Sankh joins
river South Koel about 15 km downstream of the dam and becomes river Brahmani. On river
Brahmani about 25 km from Mandira dam, there is a weir called Rourkela weir/Tarkera weir
from where water is supplied to Rourkela Steel Plant (RSP).The dam project consists of an
earthen dam and a spillway dam. On the right abutment of earth dam there is a sluice with
head regulator. The sluice discharges the downstream water requirement and spillway takes
care of the flood discharge.

Mandira Dam SHEP has been proposed to generate power from the water discharges
Reservoir by utilizing natural water head available between the reservoir and its downstream
for required release. DPR for SHEP was prepared by MECON Ltd. for GREEN ENERGY
DEVELOPMENT CORPORATION OF ODISHA LIMITED (GEDCOL), Generation of electricity from
the SHEP will go a long way in harnessing the energy going waste and meeting Renewable
Purchase Obligations of RSP. The energy availability will also improve the voltage profile and
reliability of the power system in the nearby Grid Substation/Area.

1.2 PROJECT DETAILS

Mandira Dam SHEP envisages installation of three units of 3.33 MW each utilizing a net rated
head of 18.55 m with unit discharge of 21.14cumecs in a surface Power House. The SHEP
would have a 40m wide & 15.2m long head regulator, 280m long trapezoidal shaped head race
channel, an intake structure, 3 Nos. of penstock of 2.8m Diameter and 25m long, a surface
Power House, a 160m long trapezoidal shaped tail race channel. The SHEP would afford a
design energy generated of 33.45MU with 10MW Peak Power.

1.3 LOCATION AND COMMUNICATIONS

Mandira Dam SHEP is located about 1 km from Mandira Village of Sundargarh district of Odisha
State. The Project is well connected by road. Road is connected to Sambalpur – Rourkela (SH‐
10). Project Site is about 25 km from Rourkela. The nearest railway station is Kanasbahal of
South Eastern Railway, 3 kms from SH‐10. Co‐ordinate of project location is Longitude
84°39’11”E and Latitude is 22°16’00”N. The conceptual layout of the project is given in Figure‐1

Fig: Location of Mandira Reservoir and Dam

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1.4 CLIMATE OFTHEPROJECT AREA

The normal temperature of the project area is 36⁰C. The maximum & the minimum
temperatures are 49⁰C and 8⁰C respectively. The average annual rainfall is 1263 mm.

1.5 GENERAL DESCRIPTION OF TOPOGRAPHY, PHYSIOGRAPHY AND GEOLOGY OFTHEPROJECT
AREA

Geologically, the area comes under Birmitrapur stages of Gangpur series in Middle Dharwar
age of Indian Stratigraphy and forms the part of Gangpuranticlinorium. The major litho units
are schist, phyllite, quartzite, epidiorite and recent laterite & alluvium. The predominant rock
types found in the area are quartzite, carbonaceous Phyllite (older) and younger Phyllite and
Soil/alluvium. The General slope is towards South.

No major structural features like fault, fold, shear zones, master joints etc. are marked in the
project site which may play a critical role during construction. However, the foliation/ bedding
plane joints need to be handled carefully and scientifically during the project construction
stage.

The project site falls under zone II in the seismic zones map of India. There is also no evidence
of earthquake in past in and around the proposed project site. Therefore earthquake disasters,
is likely absent for the project site.

The Topography of the area is mostly undulated and hilly with east most trending ridges,
valleys in between northern side and river terraces. River bank deposit towards south.

1.6 LAND REQUIRED FOR PROJECT CONSTRUCTION

Head Regulator, Intake Channel, Penstock, Power House (PH) and Tailrace channel (TRC) will
require additional land. The land for Intake channel is unclassified forest, and its construction
may involve felling of some trees (teak plantation). Rest of the land fall under RSP possession
which is neither forest land nor agricultural land. Total area required for accommodating these
project components and other allied works is about 3.82 Ha.

1.7 POPULATION AFFECTED BY THE PROJECT

Land earmarked for SHEP is rural and comprises of Government Land and Land owned by
Rourkela Steel Plant. There is no agricultural land or homestead in the proposed project area.

1.8 ENVIRONMENTAL AND ECONOMIC ASPECTS

There is no Forest Land in proposed project area. As such, no R&R would be required for the
construction of Mandira SHEP and hence, no population is affected by the project. The
proposed scheme has no interference with the environment and hence would not affect the
ecology of area. There is no Biosphere Reserve, Wildlife Sanctuary, Natural Park, Tiger Reserve,
Elephant Reserve or Elephant Corridors within 15Km of the project site. Hence, clearance from
Natural Board of Wildlife will not be required.

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1.9 TRANSMISSION OF POWER

Power Generated from the project at 6.6 kV will be stepped up to 33kV and will be fed to
Rajgangpur 132kV/33kV sub‐station via about 10km single circuit transmission lines.

1.10 CONSTRUCTION PROGRAMME

The implementation schedule for the project will be 30 months from the “Effective date”. The
effective date is to be reckoned from the date of signing of the contract or 30 days from the
notification of award (whichever is earlier). Project is classified as a “White Category” industry
by Odisha State Pollution Control Board (OSPCB). It is not necessary to obtain “consent to
Establish” and “Consent to Operate” from OSPCB for such industries.
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Salient Features

I. GENERAL
Mandira Dam Small Hydro
1. Name of Project
Electric Project
2. Location
(a) State Odisha
(b) District Sundargarh
(c) Village Mandira
(d) Access
Nearest Rail Head Kansbahal
Nearest Airport Bhubaneswar
3. Geographical Coordinates
(a) Longitude 84°39’11”E
(b) Latitude 22°16’00”N
(c) Toposheet 73 B/11 (Survey of India)
4. Hydrology
(a) Name of river/Reservoir Sankh/Mandira Reservoir
(b) Discharge with 90% dependability 64.4 cumec
(c) Discharge with 50% dependability 99.0 cumec
II. PROJECT FEATURES
1. Mandira Dam Reservoir
(a) Full Reservoir Level El. 212.75 m (698 ft)
(b) Minimum draw down level El. 193.55 m (635 ft)
(c) Proposed draw down level for power House El. 205.74 m (675 ft)
(d) Capacity of the reservoir between (675ft‐FRL) 155 MCM (1,25,753 Ac.ft)
2. Total land to be acquired in hectares
(a) 3.82 Hectare
3. Intake works
A) Head Regulator
(a) Size
Bed width 40m
Full Height 11.06
Length 15.206 m
Gate Size 7.5 (w) x 8.0 (h)
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Nos. of gate Four (4)
No’s of Opening Four (4)
Hoist 4 No’s Rope drum hoist
B) Head Race Channel
(a) Shape Trapezoidal
(b) Size
Bed width 5.50 m
Side Slope 1.5:1.0 (H:V)
Bed Slope 1 in 1100
Full depth 10.81 m
(c) Length 280 m
(d) Material of Lining RCC
(e) Design Discharge 63.42 cumec
C) Transition
(a) Shape from Trapezoidal to Rectangular
(b) Length 50 m
D) Intake Structure
(a) Nos. of gate One (1)
(b) No. of Opening Three (3)
(c) Size of Gate 2.5 (w) x 4.0 (h)
(d) Hoist Monorail Hoist with lifting beam
(e) Sill Level 197.73m
4. Penstock
(a) Numbers 3 Nos.
(b) Length 25 m
(c) Diameter 2.8 m each
(d) Design Discharge 21.14cumec each
5. Power House
(a) Type Surface
(b) Size 33.40mx 23 mx 16.39 m (LxBxH)
(c) Gross head 21.53 m (max)

(d) Design head 18.55 m
(e) Design Discharge 21.14 cumec (for each unit)
(f) Installed Capacity 10 MW (3x3.33MW)
(g) No. of TG Units 3
(h) Type of Turbine S‐type full Kaplan
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6. Draft Tube Gate
(a) Nos. of Gate Two (2)
(b) Nos. of Opening Three (3)
(c) Draft Tube Gate Size 4.2 (W) x 2.8(H)
(d) Hoist Monorail hoist with lifting beam
(e) Sill Level 184.76 m
7. Tail race channel
(a) Shape Trapezoidal
(b) Size
Bed width 17.6 m
Side Slope 0.25:1.0 (H:V)
Bed Slope 1 in 1100
Full supply depth 3.9 m
(c) Length 160 m
(d) Material of Lining RCC
(e) Design Discharge 63.42 cumec
8. Transmission Line
(a) Transmission Voltage 33kV
(b) Length 10km
(c) Connecting Substation 33/132kV Rajgangpur (Existing)
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EPC Tendering Document for Volume – 1, Part – III
Mandira Small Hydro Electric Project (3x3.33 MW), Odisha Instructions to Bidders (ITB)
INSTRUCTIONS TO BIDDERS (ITB)
1. DEFINITIONS
i) Government shall mean Government of Odisha and Government of India.
ii) “The Employer” or “Customer” or "Purchaser" or “Corporation” shall mean

the GEDCOL-SAIL Power Corporation Limited (GSPCL) and shall include their
legal representatives, successors, in office and permitted assign.
iii) The “Bidder” shall mean and include one or more persons or any firm or any
company or body incorporate who has submitted the tender in response to
“Invitation of Tender”.
iv) The “Contractor/Supplier” shall mean the Bidder, whose Bid has been
accepted by the “Employer” and shall include the Bidder’s heirs, legal
representative’s successors and permitted assigns approved by the Employer.
v) The “Sub-contractor” shall mean the firm or the person named in the contract
for any part of the work or any person to whom any part of the contract has
been sub-let with the consent in writing of the Employer and shall include his
heirs, legal representatives/ successors and assign approved by the Employer.
vi) “Engineer” or “Engineer-in-charge” shall mean officer (s) appointed in writing

by the Employer to act as engineer from the time to time for purposes of
contract.
vii) “Works” shall mean and include the furnishing of material, equipment, labour
and services for construction as per the Technical specifications and complete
supervision of erection, testing and commissioning of the equipment as
defined in the contract.
viii) The “Chief General Manager” shall mean the Chief General Manager of
GEDCOL-SAIL Power Corporation Limited (GSPCL).
ix) The “Consultant” shall mean any firm or person duly appointed by Employer
as such from time to time.
x) “Test” shall mean such tests as are prescribed by the Employer or considered
necessary by the authorized agents of the Employer whether
conducted/performed or made by him or any other agency acting under his
direction.
xi) “Test on Completion” shall mean such tests as are prescribed by the
specifications to be made before the works are taken over by the Employer.
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xii) “Specification” shall means the specifications annexed to or issued with this
Contract.
xiii) “Plant” shall mean the goods including equipment/machinery/

component/stores/materials. Parts specified in the contract which the
contractor has agreed to supply under the provisions of the Contract.
xiv) “Contract” shall mean and include the following:

a) Instruction to Bidders (ITB)
b) Conditions of Contract (CC)
c) Corrigendum
d) Bidform including Schedules of Prices
e) Letter of Award and its acknowledgement
f) Performance Security Deposit/Contract Performance Guarantee
g) Guaranteed Test Performance and Penalty
h) Site Conditions
i) Specifications, Schedules and Drawings
j) Addendum which may hereafter be issued by the Employer to the
contractor in the form of letter and covering letters and schedule agreed
between the Contractor and the Employer
k) The Contract Agreement to be entered into under clause
oftheseConditions of Contract.
xv) “Contract Price” means the sum of amount to be paid to contract for the
project.
xvi) “Date of Contract” shall mean the date on which both the parties have signed
the contract agreement.
xvii) “Effective Date” shall be “the date of signing of the contract or 30 days from
the date of Notification of Award”, whichever is earlier.
xviii) “Consignee” shall mean the person to whom the Plant/material is required to
be delivered in the manner indicated in the Contract.
xix) “Site” shall mean the place or places named in the contract and include where
applicable upon or in which the works are to be executed.
xx) “Act” shall mean any statutory act for the time being in force.
xxi) “Annexure” shall mean the annexure to the terms and conditions.
xxii) “Delivery” shall be deemed to take place on delivery of the equipment at Site
in accordance with the terms and conditions of the Contract after successful
acceptance test in presence of Employer or his authorized agent to the
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consignee. Where shop inspection is not envisaged Test Certificates will be

reviewed and approval will be given. In both the cases, formal request along
with Test Certificates shall be submitted by the contractor in the form of
MDCC.
xxiii) “Place of Delivery” shall mean the place of delivery of which the supplier is
responsible to deliver the equipment at the contract price as specified.
xxiv) “Services” shall mean technical supervision of works of construction, receipt,

handling, storage, Installations, erection of equipment and stores done by the
Contractor or his other sub-contractors and performing testing and
commissioning of equipment, and operation and maintenance of the
commissioned Project.
xxv) (a) “Erection Contractor” shall mean any other Contractor if appointed by the
successful Bidder directly for actual erection of equipment and material
provided under the contract with the approval of the Purchaser. The supplier
normally shall be the erection contractor for this turnkey tender.
(b) "O&M Contractor" shall mean any other Contractor, if appointed by the
successful Bidder/Contractor directly for actual Operation and Maintenance of
the commissioned Project for 5 years period with the approval of the
Purchaser.
xxvi) “Equipment Portion" of the Contract Price shall mean the work value of the
various equipment and materials supplied for the Project works.
xxvii) “Services Portion” of the Contract Price shall mean the value for supervision
of field activities of the contract including supervision of construction works
receipt, handling, storage, erection and carrying out of testing and
commissioning at site by Contractor.
xxviii) “Manufacturers Works” or “Contractors Works” shall mean the place of work
used by the manufacturer or the contractor/supplier their collaborators or sub
contractors for the performance of contract.
xxix) (a)“Inspector” shall mean the Employer or any person nominated by the
Employer from time to time to inspect the equipment stores or materials,
under the contract and/or the duly authorized representatives of the
Employer/Employer.
(b) "Project Manager & Supervisor"shall mean the Engineers or other person
(s) nominated by the Employer from time to time monitor and check the
execution of works carried out at site by the Contractor.
(c) "Site Engineer (s)" shall mean the Engineers or other persons appointed by
the Contractor for the execution of field works of the Project.
xxx) “Notice of Award of Contract”shall mean the official notice issued by the
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Employer notifying Contractor that his proposal has been accepted.
xxxi) “Month” shall mean the Calendar month Day or days unless herein otherwise
expressly defined shall mean-calendar day or days of 24 hours each.
xxxii) “Writing” shall include any manuscript type written or printed statement
under or over Signature and/or seal as the case may be.
xxxiii) “Performance and Guarantee Test” shall mean all operational checks and
tests required to determine and demonstrate capacity, efficiency and
operating characteristics as specified in the Contract Documents.
xxxiv) “Commercial Operation” shall mean the condition of operation in which the
complete works and equipment covered under the contract is available for
continuous operation at different loads upto and including rated capacity and
permissible overload capacity.
xxxv) “Final Acceptance” shall mean the successful Completion of performance and
guarantee test.
xxxvi) “Warranty 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 covered under the contract.
xxxvii) 'Drawing Plans' shall mean all

a. Drawing furnished by the Employer/Consultant as a basis for information
b. Supplementary drawings furnished by the Employer/Consultant to clarify
and to define in greater detail the intent of the Contract.
c. Drawings submitted by the Contractor with his proposal provided such
drawings are acceptable to the Employer/Consultant and
d. Engineering documents and data and drawings submitted by the
Contractor during the progress of the work provided such drawings are
acceptable to the Engineer.
xxxviii) Words imparting the singular only shall also include the plural and vice-versa
where the context so requires.
xxxix) “Imparting Person” shall include firms companies’ corporations and

associations or bodies of individuals whether incorporated or not. Term as
expression not herein defined shall have the same meaning as are assigned to
them in the Odisha Goods and Services Tax. Act, 2017 failing that in the
General Clauses Act, 1897 (Repealed by the Repealing and Amending Act,
1903 (1 of 1903), Sec. 4 and Schedule III)).
xl) “I.S.S.”/“B.I.S”shall mean Indian Standard Specification/ Bureau of Indian

Standards.
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xli) “Elevation or Reduced Level (RL)”shall mean height in meters up to three

decimals above mean sea level wherever these words are followed by figures
quantifying such height.
xlii) “Completion”shall mean the successful completion of the entire works

including any testing and cleaning required at site have been completed and
work is made ready for commercial operation.
xliii) “Defect Liability Period”shall mean the Defect Liability Period of 12 months in
respect of items replaced or repaired from the date of such replacement or
repair as the case may be.
xliv) “Schedule of Rates”shall mean the schedule of rates adopted or sanctioned

by the PWD of Govt. of Odishafrom time to time.
xlv) “Operation and Maintenance Period”shall mean five (5) years duration from
the date of commissioning of the Project.
2 ELIGIBILITY OF THE BIDDERS
2.1 Qualification Criteria:
2.1.1 The Qualification will be subjected to Bidder’s fulfilment of Qualification Criteria and
stipulated as hereunder, substantiated by authentic & relevant information and
details in the prescribed formats. Additional information in support of their claims of
achievements may be furnished.
2.1.2 The Bidders should have proven experience as contractor(s) in successful execution of
at least one small hydro project of at least 8 MW, or two projects of 4 MW each
capacity of type, magnitude and nature similar to the items listed in the Bid document
in the last 10 years, as per prevailing National and International Standards. Only such
experienced and capable contractors shall be the Eligible Bidders. The executed
project should be in successful operation for minimum two years.
2.2 Technical Criteria:
The Bidder shall mean and comprise of the following arrangements:
2.2.1 Should be a registered company under Indian Companies Act (1956).

2.2.2 In case of Joint Venture/Consortium of two or more companies with one partner as
Lead partner (whose company is registered in India) with joint and several
responsibilities by the other partner for all the responsibilities under the bid.
For the purpose of evaluation of qualification criteria, the lead partner shall alone
meet the Technical and Financial Eligibility Criteria and any of the partners shall
individually qualify for the Specific Eligibility Criteria given under cl no. 2.3. The partner
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satisfying the Eligibility Criteria under civil works shall have more than 50% share in
the joint venture arrangement.
2.2.3 JV/Consortium partners should be a civil contractor, electro-mechanical contractor
and hydro mechanical contractor having executed similar works. However, In case of
Hydro mechanical works, Transmission and Distribution works, and Operation and
maintenance works, Design/Planning (Civil works), the sub-contractors shall be
allowed. However, the sub-contractors shall also individually qualify for the Eligibility
Criteria given under cl no. 2.3.3.
2.2.4 The Bidder should have adequate infrastructure, plant, manufacturing, commissioning
and testing capacity available to perform the works properly and expeditiously within
the time period specified.
2.2.5 The Bidder should have adequate field service setup to provide necessary field
execution.
2.2.6 The Bidder should have established quality assurance system and organization
designed to achieve high level of all project elements, plant and equipment reliability,
both during construction, manufacturing, field installation and plant running activities.
2.2.7 Joint Venture/Consortium Partners shall be bound by a Joint & Severally responsibility
agreement. In case of sub-contractors, there shall be a Joint Deed of Undertaking for
completion of the Contract.
2.2.8 The Bidder proposing to associate any sub-contractor shall ensure that the proposed
sub-contractor does not participate as a JV/Consortium partner with another Bidder. In
case it is done so, the sub-contractor’s experience will not be considered for evaluation
of the Bidder proposing him/her/it as a sub-contractor.
2.2.9 The Qualification of a JV/Consortium does not necessarily qualify any of its partners
individually or as a partner in any other JV/Consortium.
2.2.10 If the present performance of the Bidder or any of the members in case of a
JV/Consortium, in a current contract for any major work is unsatisfactory as certified by
the project authority of the relevant project, the Bidder’ is liable to be disqualified.
2.3 Specific Experience:
The Bidder shall satisfy the following requirements in the preceding Ten (10) years
from the date of notification of this bid:
2.3.1 Civil Works
a) The bidder should have completed civil works of at least one small hydro
project of atleast 8 MW capacity, or two projects of 4 MW each, involving the
following components:
i) Head Regulator
ii) Water Conductor System (Channel/Tunnels)
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iii) Intake & Penstock works

iv) Surface Power House
v) Tail Race Channel
b) The executed projects should be in successful operation for minimum two years
as on the date of notification of this bid.
2.3.2 Electromechanical Works
a) The Bidder should have experience of design, engineering, supply and

installation of S-type Horizontal Kaplan Hydro Turbines alongwith mechanical
auxiliaries etc. for at least one low head small hydro project of atleast 8 MW
b) The Bidder should have experience of design, engineering, supply and
installation of hydro generators alongwith accessories, transformer, micro-
processor based SCADA system, generator control monitoring &protection
system etc. for at least one low head small hydro project of atleast 8 MW
c) The executed projects should be in successful operation for minimum two years
as on the date of notification of this bid.
2.3.3 In case of, sub-contracting agencies for the works of Hydro-Mechanical works,
Transmission and Distribution, Operation and Maintenance. The sub-contractor should
meet the following experience in the preceding ten (10) years as reckoned from the
date of the notification of the Bid.
2.3.3.1 Hydro Mechanical Works
a) Should have experience of design, fabrication & erection of Head Regulator

gates, Trash Racks, Penstock, Intake Gates, Draft Tube Gates in general, and;
b) Should have experience of design, engineering, manufacturing and supply of at
least Three (3) nos. Head regulating gates having area of not less than 50 Sq.m
for each gate and similarly, should have experience to manufacture Draft Tube
& Intake Gates, which should have been in successful operation for a period of
at least two years as on the date of notification of this bid.
c) Should have experience of design, engineering, manufacturing and supply of at
least two Rope drum hoist & Monorail hoist of capacity of atleast 35 MT or
more capacity, which should have been in successful operation for a period of
at least two years as on the date of notification of this bid.
d) Should have experience of Design, fabrication & erection of penstock of
minimum size of 2.5 m diameter.
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2.3.3.2 Transmission & Distribution Works

Should have experience in designing and execution of 33 kV switchyard and 8 Km long
33 kV Transmission Line which has been successfully erected/supervised, tested and
commissioned at minimum two different projects during past ten (10) years.
2.3.3.3 Operation and Maintenance

a) Should have at least three years’ experience in Operation & Maintenance of
hydro power generation projects of 4 MW or above having sufficient managerial
and technical capabilities.
b) Should have a team of qualified professionals & highly skilled artisans with
sufficient and adequate tools & tackles for executing the work of Operation &
Maintenance of the Hydro Electric Project.
c) Should furnish documentary proof in support of their experience.
2.3.3.4 Planning, Design and Engineering (Civil works):

a) Civil Engineering works for at least one small hydro project of capacity of 8 MW
involving components like Head Regulator, Water Conductor System
(Channel/tunnels), Head Race, Intake, Surface Power House, Switchyard etc.
2.4 GENERAL/FINANCIAL CAPABILITY:
2.4.1 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of
interest shall be disqualified. A Bidder may be considered to have a conflict of interest
with one or more parties in this bidding process, if :
i) they have a controlling partner in common; or
ii) they receive or have received any direct or indirect subsidy from any of them;
or
iii) they have the same legal representative for purposes of this bid; or
iv) they have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about or
influence on the bid of another Bidder, or influence the decisions of the
Employer regarding this bidding process; or
v) a Bidder submits more than one bid in this bidding process. However, this
does not limit the participation of an entity, who is not a sole bidder in any
bid, as a subcontractor in multiple bid as a subcontractor.
vi) a Bidder or any of its affiliates participated as a consultant in the preparation

of the design or technical specifications of the Plant and Installation Services
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that are the subject of the bid.
vii) a Bidder or any of its affiliates has been hired (or is proposed to be hired) by
the Employer or the Borrower as Project Manager for the contract.
2.4.2 Government-owned entities shall be eligible only if they can establish that they (i) are
legally and financially autonomous, (ii) operate under the principles of commercial
law, and (iii) are not dependent agencies of the GSPCL.
2.4.3 Non-performance of a contract did not occur within the last Three (3) years prior to
the deadline for application submission, based on all information on fully settled
disputes or litigation. A fully settled dispute or litigation is one that has been resolved
in accordance with the Dispute Resolution Mechanism under the respective contract,
and where all appeal instances available to the bidder have been exhausted.
2.4.4 All pending litigation shall in total not represent more than Twenty Five percent (25%)
of the Bidder’s net worth and shall be treated as resolved against the Bidder.
2.4.5 Bidder shall submit audited balance sheets, for the last Three [3] years to
demonstrate the current soundness of the bidders financial position and its
prospective long term profitability.
i) Positive net worth for last Three (3) years

ii) Positive operating profit for at least 2 out of last 3 years.
2.4.6 Minimum average annual turnover of INR 25 Crore for similar nature of works,
calculated as total certified payments received for contracts in progress or completed,
within the last Three (3) years.
2.4.7 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 than any contractual advance payments to meet:
(i) The minimum cash flow of INR 9 Crore, and

(ii) the overall cash flow requirements for this contract and its current commitments.
2.5 Key Personnel Experience
The Bidder must demonstrate that it will have following minimum personnel for the
key positions that meet the following requirements and that the key personnel will be
supported by adequate number of supporting technical and administrative staffs:
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In Similar
Total Work Works
No. Position Experience
Experience (years)
(years)
1 Project In- Must hold Graduate degree 15

charge (1 (B.Sc/BE/B.Tech) in Civil Engineering with
person) 20 years of experience in managing hydro
projects of similar or higher capacity
2 Civil Must hold Graduate degree 10

Construction (B.Sc/BE/B.Tech) in Civil Engineering with
Expert (1 15 years of experience in managing hydro
person) projects of similar or higher capacity
3 Planning & Must hold Graduate degree 10

Monitoring (B.Sc/BE/B.Tech) in Civil Engineering with
Expert (1 15 years of experience in managing hydro
person) projects of similar or higher capacity
4 Quality Must hold Graduate degree 10

Assurance (B.Sc/BE/B.Tech) in Civil Engineering with
Expert (1 15 years of experience in quality assurance
person) of hydro projects of similar or higher
capacity
5 Electro- Must hold Graduate degree 10

Mechanical (B.Sc/BE/B.Tech) in Electrical/Mechanical
Expert Engineering with 15 years of experience in
Electro-Mechanical aspects of hydro
(1 person)
projects of similar or higher capacity
6 Hydro- Must hold Graduate degree 10

Mechanical (B.Sc/BE/B.Tech) in Civil/Mechanical
Expert Engineering with 15 years of experience in
Hydro Mechanical aspects of hydro projects
(1 person)
of similar or higher capacity
7 Environmentalist Graduate with 15 years of experience in 10

India and well versed with environmental
(1 person)
regulations of India/Odisha.
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8 Health and Engineering graduate with diploma in 3

Safety Expert (1 occupational HSE Management and should
person) have at least 5 years of post-diploma
experience.
The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Forms included in Volume III, Bidding Forms.
In addition, the bidder shall include a list of supporting staffs with relevant skills.
2.6 Bidders Equipment

The Bidder shall submit a list of materials and equipment it needs on-site for the
performance of the Work (handling of materials, tools, equipment, vehicles, etc.).
The following table lists the minimum (but not exhaustive) equipment that the
Contractor will be required to provide for construction purposes and to perform the
Contract. The Bidder must confirm that it has the ability to mobilize the listed material
and include in its Bid a description of the equipment that includes the age, features
and availability and ownership in the relevant Bidding Form given in Volume III.
No. Equipment Type and Characteristics Minimum Number required
1 Hydraulic excavator capacity > 2 m3 2
2 Bulldozers 1
3 Heavy dump trucks - Capacity> 10 m³ 7
4 Mobile cranes – capacity > 14 t 1
5 Concrete batching plants - Capacity> 10 1

m³ / h
6 Diesel Generators – Capacity > 300 kVA 2
7 Crawler drilling machine: 1.8 m width, 2.0 2

m length (minimum)
(e.g., Morath Type BR-3000-1F or

equivalent)
8 Bilge pumps, Capacity > 150 l / s 6
9 Aggregate crushing plant 1
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10 Wheel loader 1.8 m3
11 Compactor/ Road roller 2
12 Concrete Pump with accessories pipes etc. 1
In addition, the Bidder shall submit the list of field lab equipment and measuring
devices required for the proper execution of the work. It must provide details on the
material, equipment and devices offered. Bidder shall also plan for transport of
various materials from source to project site.
2.7 Sub-Contractor
The Bidder shall include in its Tender details of all major items of supply or
services that it proposes to purchase or sublet and shall give details of the name and
nationality of the proposed Subcontractor, for each of those items. Bidders are free to
list more than one Subcontractors against each item of the facilities. Quoted rates and
prices will be deemed to apply to whichever Subcontractor is appointed, and no
adjustment of the rates and prices will be permitted.
The Employer reserves the right to reject any proposed Subcontractor during
contract negotiations, prior to signing of contract. After discussion between the
Employer and the Contractor, Appendix 5 to Contract Agreement shall be
completed, listing the approved Subcontractor(s) for each item.
Minimum requirement for subcontractors and manufacturers of major components is

specified identified in the pre-qualification application must meet or continue to meet
the minimum criteria specified in the table below
Item
Description of Item Minimum Criteria to be met
No.
1 Turbine, Inlet Valve and Governor Ten (10) years’ experience in the
design, manufacture and installation
2 Generators and Excitation Systems
of equipment in question.
3 GSU Transformer Three (3) client certificates
4 Plant Control System confirming that substantially similar
equipment was designed, supplied,
installed and successfully
commissioned during the last 10
1-27
years and is in good operating

condition.
ISO 9001: 2015 Certified or

Equivalent.
5 Design and implementation studies Ten (10) years’ experience in the

of hydraulic and hydroelectric design of hydraulic and hydroelectric
developments developments.
Three (3) certificates confirming the

customer design and hydraulic
design and facilities of comparable or
greater size to Mandira Project
References in hydrological studies

and Sediment studies

Equivalent.
6 Design drawing, manufacture and Ten (10) years’ experience in the

erection of Hydro-Mechanical design of Hydro-Mechanical
Components Components.
Three (3) certificates confirming the

customer design and hydraulic dam
construction design and facilities of
comparable or greater size to
Mandira Project

Equivalent.
Failure to comply with this requirement will result in rejection of the subcontractor.
3 ADDITIONAL INFORMATION FOR ELIGIBILITY

The above stated requirements are minimum and GSPCL reserves the sole right to
request for any additional information and also reserves the right to reject the
proposal of any bidder.
4 ELIGIBLE PLANT, EQUIPMENT AND SERVICES

For the purposes of these bidding documents, the word "facilities" means the plant
and equipment to be supplied and installed, together with the services to be carried
out by the contractor under the contract. The words "plant and equipment",
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"installation services" etc., shall be construed inaccordance with the respective

definitions given to them in the Conditions of Contract.
5 COST OF BIDDING
i) The Bidder shall bear all costs associated with the preparation and submission
of its bid, and the Employer will in no case be responsible or liable for these
costs, regardless of the conduct or outcome of the bidding process.
ii) Transfer of Bidding documents purchased by one intending bidder to another is
not permissible.
6 THE BIDDING DOCUMENTS
6.1 Content of Bidding Documents
The facilities required, bidding procedures, contract terms and technical

requirements are prescribed in the bidding documents. The bidding documents
include the following sections:
i) Notice Inviting Tender (NIT)

ii) Project Details
iii) Instructions to Bidders(ITB)
iv) Conditions of Contract
v) (a) General Technical Specifications
(b) Technical Specifications-Civil Works
(c) Technical Specifications-Electro-Mechanical Works
(d) Technical Specifications-Hydro-Mechanical Works
(e) Technical Specifications-O&M Works
vi) General Forms, Annexure and Drawings
vii) BOQ and Price Bid Formats

(a) Price Schedule - Civil Works
(b) Price Schedule - Electro-Mechanical Works
(c) Price Schedule - Hydro-Mechanical Works
(d) Price Schedule – O&M Works
A. Forms
Form - 1 Bid Submission Form
Form - 2 Details of cost of Tender Documents, EMD
Form 3 Proforma for Joint Undertaking
Form - 4 Current Contract Commitments / Works in Progress
Form - 5 Project Description Sheet
Form - 6 Details of Key Personnel
Form - 7 List of Proposed Sub-Contractor
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Form - 8 Declaration by Affidavit

Form - 9 Litigation History
Form - 10 Details of Machinery and Equipments proposed to be
#
deployed for the works
Form - 11 Details of Financial Capability
Form - 12 Project Completion Schedule
Form - 13 Deviations from Conditions of Contract
Form - 14 Deviations from Technical Specifications
Form - 15 Financial Implications of Technical Deviation
Form - 16 Performance Bank Guarantee
Form - 17 Bank Guarantee Form for Advance Payment
Form - 18 Bank Guarantee Form for furnishing EMD
Form - 19 Financial Proposal Submission Form
Form - 20 Form of Contract Agreement
Form - 21 Form of Completion Certificate
Form - 22 Form of Operational Acceptance Certificate
Form 23 list of Recommended Spare Parts
Form 24 list of Recommended Special Tools and Tackles
Form 25 List of Recommended Test Sets and Testing Instruments
B. Appendices to Form 19
Appendix 1 Terms and Procedures of Payment

Appendix 2 Price Adjustment
Appendix 3 Insurance Requirements
Appendix 4 Time Schedule
Appendix 5 List of Approved Subcontractors
Appendix 6 Scope of works
Appendix 7 List of Documents for Approval or Review
Appendix 8 Functional Guarantees
Appendix 9 Milestone Schedule
6.2 Drawings and Tables
The Bidder is expected to examine all instructions, forms, terms, specifications and
other information in the bidding documents. Failure to furnish all information
required by the bidding documents or submission of a bid not substantially responsive
to the bidding documents in every respect will be at the Bidder’s risk and may result
in rejection of its bid.
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All forms and schedules are to be filled, duly signed and stamped by the Bidder, even
if there is no information is being furnished by the Bidder.
7 CLARIFICATION OF BIDDING DOCUMENTS AND PRE-BID MEETING
i) A prospective Bidder requiring any clarification of the bidding documents may

notify the Employer in writing or by email at the Employer’s mailing address not
later than 1 week after Pre-Bid Meeting.
ii) The Bidder is advised to pre-visit and examine the site where the facilities are to be
installed and its surroundings and obtain for itself on its own responsibility and own
cost all information that may be necessary for preparing the bid and entering into a
contract for supply and installation of the facilities. The costs of visiting the site
shall be at the Bidder’s own expense.
iii) The Bidder and any of its personnel or agents will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such inspection,
but only upon the express condition that the Bidder, its personnel and agents will
release and indemnify the Employer and its personnel and agents from and against
all liability in respect thereof and will be responsible for death or personal injury,
loss of or damage to property and any other loss, damage, costs and expenses
incurred as a result of the inspection.
iv) The Bidder’s designated representative is invited to attend a Pre-Bid Meeting,

which will take place at the venue and time stipulated in the NIT or as changes
notified by the Employer separately. The purpose of the meeting will be to clarify
issues and to answer questions on any matter that may be raised at that stage. It
may not be practicable at the meeting to answer questions received late, but
questions and responses will be transmitted as indicated hereafter. Minutes of the
meeting, including the text of the questions raised and the responses given,
together with any responses prepared after the meeting will be transmitted within
3 weeks from Pre-Bid Meeting to all the bidders. Written copies of the Employer’s
response (including an explanation of the query but not identification of its source)
will be sent to all prospective bidders that have received the bidding documents.
Any modification of the bidding documents which may become necessary as a
result of the pre-bid meeting shall be made by the Employer exclusively through
the issue of an addendum and not through the minutes of the pre- bid meeting.
8 AMENDMENT OF BIDDING DOCUMENTS
8.1 At any time prior to the deadline for submission of bids, the Employer may for any
reason, whether at its own initiative or in response to a clarification requested by a
prospective Bidder amend the bidding documents.
8.2 The amendment will be notified in writing or by cable/e-mail to all prospective
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Bidders that have purchased the bidding documents and will be binding on them.
Bidders are required to immediately acknowledge receipt of any such amendment,
and it will be assumed that the information contained therein will have been taken
into account by the Bidder in its bid.
8.3 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bid, the Employer may, at its discretion,
extend the deadline for the submission of bids, in which case, the Employer will notify
all bidders in writing of the extended deadline.
9 LANGUAGE OF BIDS
The 'Bid' prepared by the Bidder and all correspondence and documents related to the
Bid exchanged by the Bidder and the Employer shall be written in English Language
only.
10 DOCUMENTS COMPRISING THE BID
10.1 The Bid submitted by the Bidder shall comprise the following documents:
i) Bid Forms duly completed and signed by the Bidders, together with all
attachments identified below (cl 10.2).
ii) Price Schedules duly completed by the Bidder.
10.2 Each Bidder shall submit with its bid with the following attachments.
i) Earnest Money
Earnest money as detailed in subsequent paras
ii) Power of Attorney

a) A power of attorney, duly notarized, indicating that the persons(s) signing the
bid has (ve) the authority to sign the bid and thus that the bid is binding upon
the Bidder during the full period of its validity.
b) A power of attorney, duly indicating the name of company who will act as
lead partner of the consortium, and declaring the name and designation of
the person with whom all correspondence, negotiations, are to be done.
iii) Bidder’s Eligibility and Qualifications
The documentary evidence of the Bidder’s qualification to perform the contract,

if its bid is accepted, shall establish to the Employer’s satisfaction that the Bidder
has the financial, technical, production, procurement, shipping, installation
and other capabilities necessary to perform the contract and, in particular, meets
the experience and other criteria outlined in the NIT Clause 2.
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iv) Eligibility and Conformity of the Facilities

Documentary evidence that the facilities offered by the Bidder in its bid are eligible
and conform to the Bidding documents.
The documentary evidence of the eligibility of the facilities shall consist of a

statement on the country of origin of the plant and equipment offered, which shall
be confirmed by a certificate of origin issued at the time of shipment.
The documentary evidence of the conformity of the facilities to the bidding

documents may furnish:
a) A detailed description of the essential technical and characteristics of the

facilities including Manufacturing Plant capacity and Present work of Load;
b) A list giving full particulars, including available sources ,of all spare parts,
special tools etc. ,necessary for the proper and continuing functioning of the
facilities for the full life of the project, following completion of facilities in
accordance with provisions of contract; and
c) A commentary on the Employer’s Technical Specifications and adequate
evidence demonstrating the substantial responsiveness of the facilities to
those specifications. Bidders shall note that standards for workmanship,
materials and equipment designated by the Employer in the bidding
documents are intended to be descriptive (establishing standards of quality
and performance) only and not restrictive. The Bidder may substitute
alternative standards, brand names and/or catalogue numbers in its bid,
provided that it demonstrates to the Employer’s satisfaction that the
substitutions are substantially equivalent or superior to the standards
designated in the Technical Specifications.
v) Sub-contractors Proposed by the Bidder

The Bidder shall include in its bid details of all major items of supply or services
that it proposes to purchase or sublet and shall give details of the name and
nationality of the proposed Sub-contractor, including vendors, for each of those
items. Bidders are free to list more than one Sub-contractor against each item of
the facilities. Quoted rates and prices will be deemed to apply to whichever Sub-
contractor is appointed and no adjustment of the rates and prices will be
permitted.
The Bidders shall be responsible for ensuring that any Sub-contractor proposed
complies with the requirements of ITB cl 2.7 and that any plant, equipment or
services to be provided by the Sub-contractor comply with the requirements of
relevant clauses of NIT.
The Employer reserves the right to delete any proposed Sub-contractor from the
list prior to award of contract and after discussion between the Employer and the
Contractor, the corresponding Appendix-5: List of Approved Sub-contractors and
the “Form - 20: Form of Contract Agreement” shall be completed, listing the
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approved Sub-contractors for each item concerned.
vi) Deviations
In order to facilitate evaluation of bids, deviations, if any, from the terms and
conditions or Technical Specifications shall be listed in “Form-13: Deviations from
Condition of Contract” and “Form-14: Deviations from Technical Specifications”.
The Bidder shall also provide the price implications, for withdrawal of the
deviations. However, the attention of the bidders is drawn to the provisions of ITB
Clauses 23 & 24 regarding the rejection of bids that are not substantially
responsive to the requirements of the bidding documents.
“Bidder may further note that except for the deviations listed in “Form-13:
Deviations from Condition of Contract” and “Form-14: Deviations from Technical
Specifications”, the bid shall be deemed to comply with all the requirements in
the bidding documents and the bidders shall be required to comply with all such
requirements of bidding documents including Technical Specifications without
any extra cost to the Employer irrespective of any mention to the contrary, and
elsewhere in the bid.
The Bids shall be quoted on EPC mode with lump sum fixed cost and turnkey basis
and no financial deviation will be allowed, Only Price adjustment, as per formula
given in the bid document shall be allowed.
11 BID FORM AND PRICE SCHEDULES
The Bidder shall complete the Bid Forms and the appropriate Price Schedules furnished
in the bidding documents as indicated therein and in the Subsection ‘Forms’ of the
bidding documents, following the requirements of ITB Clauses.
12 BID PRICES
12.1 Bidders shall quote for the entire facilities on a “single responsibility” basis such that
the total bid price covers all the Contractor’s obligations mentioned in or to be
reasonably inferred from the bidding documents in respect of the design,
manufacture, including procurement and sub-contracting (if any), delivery, storage,
handling, construction, installation and completion of the facilities including supply of
mandatory spares. This includes all requirements under the Contractor’s
responsibilities for testing, pre-commissioning and commissioning of the facilities. Bid
price should be quoted on EPC, Fixed cost Turnkey basis of the project which should
also include the cost of allied works needed to complete the project.
12.2 Bidders are required to quote the price for the commercial, contractual and technical
obligations outlined in the bidding documents. If a Bidder wishes to make a deviation,
such deviations shall be listed in “Form-13: Deviations from Condition of Contract”
and “Form-14: Deviations from Technical Specifications”.
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12.3 Bidders shall give a breakup of the prices in the manner and detailed called for in the
price Schedules.
Separate numbered schedules shall be used for each of the following elements.
Schedule of Prices
Price Schedule No. 1 - Civil works
Price Schedule No. 2 -E&M works
Price Schedule No. 3 - H&M works
Price Schedule No. 4 - O&M works
12.4 The prices quoted by the Bidder shall be fixed during the Bidder’s performance of the
contract and not subject to variation on any account. A bid submitted with an
adjustable price quotation will be treated as non-responsive and rejected.
13 BID CURRENCIES
Prices shall be quoted in Indian Rupees only.
14 EARNEST MONEY DEPOSIT
14.1 Earnest money worth Rs. 80 Lakhs (Rupees Eighty Lacs Only) in form of Bank
Guarantee from a National bank drawn in favour of GSPCL, Odisha and payable at it’s
Odisha Branch.
14.2 The earnest money will be liable to be forfeited on revocation of Bid before the bid
evaluation or on refusal to enter into a contract after the award is made to the Bidder.
14.3 Earnest money given by unsuccessful Bidders will be refunded to them expeditiously
after the award of the contract to the successful Bidder.
14.4 The Earnest money deposit will be returned to the successful Bidder after he furnishes
security deposit for performances and duly enters into the contract.
14.5 The Earnest Money deposit shall be valid for a period not less than 180 (One hundred
eighty) days from the date of opening of the tender. The bidder shall also extend the
validity on the request from Client during evaluation period.
14.6 Within 30 (Thirty) days of the date of receipt of the letter accepting the Bid or signing
of contract agreement, whichever is earlier, the successful Bidder shall submit a
Contract Performance Guarantee as specified, otherwise the Earnest Money will be
forfeited by the Employer.
14.7 Any tender not accompanied by a requisite earnest money in desired form shall be
disqualified. Part-II of the Bid shall not be opened.
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14.8 No interest will be payable by the Employer on the above earnest money deposit.
14.9 No earnest money will be accepted after opening of the Bid.
15 PERIOD OF VALIDITY OF BID
15.1 Bids shall remain valid for a period of 180 (One Hundred Eighty) days from the closing
date prescribed by the Employer for the receipt of bids. A bid valid for a shorter period
shall be rejected by the Employer as being non-responsive.
15.2 In exceptional circumstances, the Employer may solicit the Bidder’s consent to an
extension of the bid validity period. The request and responses thereto shall be made
in writing. If a Bidder accepts to prolong the period of validity, the bid security shall
also be suitably extended. A Bidder may refuse the request without forfeiting its bid
security. A Bidder granting the request will not be required nor permitted to modify its
bid.
16 FORMAT AND SIGNING OF BID
16.1 The Bidder shall prepare an original and three (3) numbers of copies/sets of the bid
specified here in after clearly marking each one as “ORIGINAL BID,” “Copy No. 1,” Copy
No. 2,” etc., as appropriate. In the event of any discrepancy between them, the
“Original Bid”shall govern.
16.2 The original and all copies of the bid, each consisting of the documents listed in ITB
Clause 6, shall be typed or written in indelible ink and shall be signed by the Bidder or
a person or persons duly authorized to bind the Bidder to the contract. The latter
authorization shall be indicated by written power of attorney accompanying the bid
and submitted with the Bid under ITB Clause 6. All pages of the bid, except for un-
amended printed literature, shall be initialled by the person or persons signing the bid.
16.3 The bid shall contain no alterations, omissions or additions, unless such corrections
are initialled by the person or persons signing the bid.
16.4 The Bidder shall furnish information on commissions or gratuities, if any, paid or to be
paid to agents relating to this bid, and to contract execution if the Bidder is awarded
the contract.
17 PREPARATION AND SUBMISSION OF BID
17.1 Preparation of Tenders

i) The tenders shall be prepared with forms & Price schedules etc. each in three
parts in sealed covers, as detailed below, duly super scribing the of NAME OF
WORK, TENDER NUMBER, DUE DATE OF OPENING and shall be addressed to the
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competent authority of GEDCOL-SAIL Power Corporation Limited (GSPCL),

inviting the Bid.
ii) Part-I: Earnest Money
iii) Part-II – Technical Bid

This shall include the following:
a) All forms and appendices annexed herewith the tender documents except
price schedules
b) GST, PAN, TAN , Certificate of Incorporation, ISO Certificates
c) General Technical Particulars
iv) Part – III: Price

a) Price schedules and any other relevant information
b) The Bidders shall quote all-inclusive fixed price for the complete plant as per
the scope of specifications giving complete break-up of prices and taxes
separately. The GST shall be charged as applicable.
c) The Bidders shall quote separately item-wise price for spare parts so that these
may be ordered as per requirements and the Bidders shall be required to
supply these spares within a reasonable time. The minimum time of delivery
shall be indicated by the Bidders. However, the Turnkey Lump Sum Cost shall
include the cost of mandatory spares for Five years (Two years under defect
liability period and three years under O&M Scope).
v) Bids submitted by post shall be sent under Registered post with

‘Acknowledgement Due’ and shall be posted with due allowance for postal delay.
Bids received after the due date and time of opening shall be rejected and
returned to the Bidders without opening. Offers received by e-mail or other
electronic modes etc. shall not be accepted.
17.2 Sealing and Marking of Bids

The Bidder shall seal the original and each copy of the bid in separate envelopes, duly
marking the envelopes as “ORIGINAL BID” and “Copy No. [number]”. The envelopes
shall then be sealed in an outer main envelope.
(i) Following shall be super-scribed on the envelopes of all the three parts.
PART – I : EARNEST MONEY

TENDER NUMBER
NAME OF WORKS
DUE DATE OF OPENING
NAME OF FIRM/ BIDDER
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PART – II : TECHNICAL BID

TENDER NUMBER
NAME OF WORKS
DUE DATE OF OPENING
NAME OF FIRM/BIDDER
PART – III : PRICE BID

TENDER NUMBER
NAME OF WORKS
DUE DATE OF OPENING
NAME OF FIRM/BIDDER
(ii) All the three parts of the Bid shall be individually sealed and super-scribed as
indicated above, and shall be enclosed in one main cover duly sealed and super
scribed as “Bid for (NAME OF WORK containing part – I, II and III for this tender)”.
“Bid number……………………………………”.
“Due date of opening …………… at ………………. hrs”.
“Name of firm/Bidder ……………………………..”.
“Address of firm/Bidder.............................................”.
17.3 The inner and outer envelopes

i) The envelopes shall be addressed to the Employer at the official address
ii) The outer envelope shall be marked as explained in clause 17.2 so that the bid
can be retuned unopened in case it is declared “late.”
iii) If the outer envelope is not sealed and marked as required above, the Employer
will assume no responsibility for the bid’s misplacement or premature opening.
The Employer shall not guarantee the anonymity of the bid submission.
17.4 Submission of Bid

The Bid shall be submitted complete in all respect as desired above and submitted in
the office of competent authority by specified date.
18 DEADLINE FOR SUBMISSION OF BIDS
18.1 Bid must be received by the Employer at the address specified in the ITB no later than
the time and date stated in the ITB. “In the event of the specified date for the
submission of bids being declared a holiday for the Employer, the bids will be received
upto the specified time on the next working day”.
18.2 The Employer may, at its discretion, extend this deadline for submission of bids by
amending the bidding documents in accordance with ITB Clause no. 8, in which case
all rights and obligations of Employer and bidders will thereafter be subject to the
deadline as extended.
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19 LATE BIDS
Any bid received by the Employer after the bid submission deadline prescribed by the
Employer, pursuant to ITB Clause no. 18, will be rejected.
20 MODIFICATION AND WITHDRAWAL OF BIDS
20.1 The Bidder may modify or withdraw its bid after submission, provided that written
notice of the modification or withdrawal is received by the Employer prior to the
deadline prescribed for submission.
20.2 The Bidder’s modifications shall be prepared, sealed, marked and dispatched as
follows:
i) The Bidders shall provide an original and the specified number of copies of any
modifications to its bid, clearly identified as such, in two inner envelopes duly
marked “BID MODIFICATIONS–ORIGINAL” and BID MODIFICATION–COPIES”. The
inner envelopes shall be sealed in an outer envelope, which shall be duly marked
“BID MODIFICATIONS.
ii) Other provisions concerning the marking and dispatch of bid modifications shall
be in accordance with ITB Clause no. 17.
20.3 A Bidder wishing to withdraw its bid shall notify the Employer in writing prior to the
deadline prescribed for bid submission. The notice of withdrawal shall:
i) be addressed to the Employer at the address given in ITB and
ii) bear the name of work, the ITB number and the words “BID WITHDRAWAL
NOTICE”. Bid withdrawal notice received after the bid submission deadline will be
ignored and the submitted bid will be deemed to be a validly submitted.
20.4 No Bid shall be withdrawn in the interval between the bid submission deadline and the
expiration of the bid validity period specified in ITB Clause 15. Withdrawal of a bid
during this interval may result in the Bidder’s forfeiture of its earnest money
deposited.
21 OPENING OF BIDS BY EMPLOYER
21.1 The bids received upto specified time and date shall be opened as follows:
 Part-I of the tender containing earnest money shall be opened first and the
document shall be checked.
 Part-II of the tender containing technical bid shall be opened only if the earnest
money documents are in order and as required in the ITB/Bid Document.
 Part-III of the tender containing price bid shall be opened at specified time and
date of the technically eligible bidders only.
21.2 The Employer will open the bids, including withdrawals and modifications made
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pursuant to ITB Clause in the presence of bidder’s designated representatives who

choose to attend at the time, date and location stipulated in the Bid documents. The
Bidders’ representatives who are present shall sign a register evidencing their
attendance.
“In the event of the specified date for the opening of bids being declared a holiday for
the Employer, the bids received upto the specified time will be opened on the next
working day.”
21.3 Envelopes marked “WITHDRAWAL” shall be opened first and the name of Bidder shall
be read out. Bids for which an acceptable notice of withdrawal has been submitted
pursuant to ITB Clause shall not be opened.
21.4 The bidders’ names, the Bid Prices or deviation, any discounts and any such other
details as the Employer may consider appropriate, will be announced by the Employer
at the opening. Subsequently, all envelopes marked “MODIFICATION” shall be opened
and the submissions therein read out in appropriate detail. No bid shall be rejected at
bid opening except for late bids pursuant to ITB Clause 19.
21.5 The Employer shall prepare minutes of the bid opening, including the information
disclosed to those present in accordance with ITB Sub-Clause 21.3.
21.6 Bids not opened and read out at bid opening shall not be considered further for
evaluation, irrespective of any circumstances.
22 CLARIFICATION OF BIDS
During bid evaluation, the Employer may, at its discretion, ask the Bidder for a
clarification of its bid. The request for clarification and the response shall be writing,
and no change in the price or substance of the bid shall be sought, offered or
permitted.
23 PRELIMINARY EXAMINATION OF BIDS
23.1 The Employer will examine the bids to determine whether they are complete, whether
any computational errors have been made, whether required sureties have been
furnished, whether the documents have been properly signed and whether the bids
are generally in order.
23.2 Arithmetical errors will be rectified on the following basis.
i) If there is a discrepancy between the unit price and the total price, which is
obtained by multiplying the unit price and quantity or between sub-totals and
the total price, the unit or sub-total price shall prevail and the total price shall be
corrected.
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ii) If there is a discrepancy between words and figures, the amount in words will
prevail.
If the Bidder does not accept the correction of errors, its bid will be rejected.
23.3 The Employer may waive any minor informality, nonconformity or irregularity in a bid
that does not constitute a material deviation, whether or not identified by the Bidder
in its bid and that does not prejudice or affect the relative ranking of any Bidder as a
result of the technical and commercial evaluation pursuant to ITB Clauses 24.
23.4 Prior to the detailed evaluation, the Employer will determine whether each bid is of
acceptable quality, is complete and is substantially responsive to the bidding
documents. For purposes of this determination, a substantially responsive bid is one
that conforms to all the terms, conditions and specification of the bidding documents
without material deviations, objections, conditionality or reservations. A material
deviation, objection, conditionality or reservation is one:
i) that affects in any substantial way the scope, quality or performance of the
contract;
ii) that limits in any substantial way, inconsistent with the bidding documents, the
Employer’s rights or the successful Bidder’s obligations under the contract;
iii) whose rectification would unfairly affect the competitive position of other
bidders who are presenting substantially responsive bids.
23.5 Bids containing deviations from the following critical provisions relating to Conditions
of Contract Clauses will be considered as non-responsive.
S. No. Provisions
i) Governing Law
ii) Settlement of Disputes
iii) Terms of payment
iv) Performance Guarantee
v) GST
vi) Completion time, guarantee and liquidated damages
vii) Defect Liability
However, the bidders, wishing to propose deviations to any of the above provisions,
must provide in the bid with the cost of withdrawal of such deviations. If the
deviation to any of these provisions is not priced, deviation price will be treated as
nil. The evaluated cost of the bid shall include, in addition to the cost described in ITB
Clause 24, the cost of withdrawal of the deviations from the above provisions to
make the bid fully compliant with these provisions.
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At the time of Award of Contract, if so desired by the Employer, the bidder shall
withdraw these deviations listed in the bid at the cost of withdrawal stated by him in
the bid. “In case the bidder does not withdraw the deviations proposed by him, if
any, at the cost of withdrawal stated by him in the bid, his bid will be rejected and his
Earnest Money Deposit will be forfeited”.
If a bid is not substantially responsive, it will be rejected by the Employer and may
not subsequently be made responsive by the Bidder by correction of the
nonconformity. The Employer’s determination of a bid’s responsiveness is to be
based on the contents of the bid itself without recourse to extrinsic evidence.
24 Evaluation
24.1 General
Client will evaluate each EPC Entity against the criteria listed below, which are not
shown in any order of importance:
a) Previous experience with projects of a similar nature

b) Performance on previous projects
c) Experience of proposed key project staff
d) Capability of major subcontractors providing services
e) Health and safety record and company policies
f) Environmental records and company policies
g) Financial capability of the EPC Entity, excluding subcontractors
h) Design experience for similar projects
i) Claims record from previous projects
j) EPC Entity’s quality assurance programme and certification
k) EPC Entity’s approach to and experience with project management
l) Complete and timely submission of all information.
m) Submission of all information given in Technical Data Sheets, Annexures and
Forms.
Compliance with Technical requirements will be required for a Bidder’s financial

offer to be considered. The lowest or any Tender may not necessarily be accepted
and the right is reserved with GSPCL to accept any Tender.
For the purpose of these processes, a substantially responsive Tender is one which
conforms to all the terms, conditions and requirements of the Tender Documents
without material deviation or reservation.
A material deviation or reservation is one:
a) which affects in any substantial way the scope, quality or performance

of the Works;
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b) which limits in any substantial way (inconsistent with the Tender

Documents) the Employer’s right or the Contractor’s obligation under
the Contract; or
c) whose rectification or reservation would affect unfairly the

competitive position of other Bidders presenting substantially
responsive Tenders.
d) Time to complete the Plant and Installation Services from the effective
date for determining time for completion of pre-commissioning
activities is: 30 Months. No credit will be given for earlier completion.
The price of recommended spare parts shall not be considered for

evaluation.
e) The bidder should meet Minimum Turbine Capacity, Turbine efficiency,

Generator Efficiency and Transformer Efficiency criteria as mentioned
in specification. And no credit will be given for efficiency/output given
in excess of the minimum specified in the specification
f) Where bids include the undertaking of work or the provision of

services or facilities by the Employer in excess of the provisions
allowed for in the bidding document, the Employer shall assess the
costs of such additional work, services and/or facilities during the
duration of the contract. Such costs shall be added to the bid price for
evaluation.
If a Tender is not substantially responsive to the requirements of the Tender

Documents, it will be rejected by the Employer. The Tender shall not be made
responsive by the Bidder correcting or withdrawing the non‐conforming deviation
or reservation.
The Employer will only evaluate and compare the Tenders which have been
determined to be substantially responsive to the requirements of the Tender
Documents. Responsive Tenders will first be checked by the Employer for any
arithmetic errors in computation and summation and any errors will be
corrected as follows:
a) The amount entered in the Letter of Tender may be considered acceptable

as the Contract Amount without any of the corrections and adjustments
described in these sub‐paragraphs.
b) If there is any discrepancy between amounts in figures and words,

the amount in words will take precedence.
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c) If there is any discrepancy between an amount in the Letter of Tender and

the equivalent sum computed on the basis of the details in the Tender,
the Employer may make corrections and/or adjustments (applying the
principles described in these sub‐paragraphs) and give notice to the
Bidder, specifying each error, correction and adjustment.
For the purpose of evaluating Tenders, the Employer will determine the Evaluated
Tender Amount for each Tender as follows:
a) Making any correction for errors as described above;
b) Making an appropriate adjustment for discounts; and
c) For nonconformities other than that mentioned in ITB clause 23.5, the
adjustment shall be based on the highest price of the item or component
as quoted in other substantially responsive Bids. If the price of the item or
component cannot be derived from the price of other substantially
responsive Bids, the Employer shall use its best estimate.At the time of
Award of Contract, if so desired by the Employer, the bidder shall
withdraw these deviations listed in the bid at the cost determined at the
time of bid evaluation (or less).
In case the bidder does not withdraw the deviations proposed by him, if
any, at the cost of withdrawal stated by him in the bid, his bid will be
rejected and his Earnest Money Deposit will be forfeited.
d) Specific additional criteria: The relevant evaluation method, if any, shall

be as follows:
Any adjustments in price that result from the above procedures shall be
added, for purposes of comparative evaluation only, to arrive at an
“Evaluated Bid Price.” Bid prices quoted by bidders shall remain unaltered.
The Employer intends to award the Contract to the Bidder who appears to have the
capability and resources to carry out the Contract effectively, whose Tender has
been determined to be substantially responsive to the Tender Documents and who
has offered (all taken into consideration) the most favourable Tender.
24.2 TECHNICAL BID EVALUATION
All the Bidders meeting the minimum Technical Qualification as given in cl. No. 2 of
NIT and whose bids are found to be substantially responsive shall be considered as
technically qualified Bidders and notified for Price Bid opening.
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24.3 PRICE BID EVALUATION
The price bid of technically responsive bidders shall be opened on the notified date &
time in presence of bidders or their authorised representatives who wish to be
present. The Financial Bid shall be opened and the responsive bidder’s name and bid
price shall be announced.
The qualified Bidder with the lowest price bid shall be the successful Bidder.
In case of Bidders with lowest & equal quote, the successful Bidder shall be decided as
per the following order:
i) The Bidder whose annual turnover is more will be preferred.
ii) If the above criteria incidentally become the same, the turnover on similar
works and thereafter machinery available for the work and then the clean
track record of the firm will be considered for selection.
25 CONTACTING THE EMPLOYER
25.1 From the time of bid opening to the time of contract award, if any Bidder wishes to
contact the Employer on any matter related to its bid, it should done in writing to the
address mentioned below:
Chief General Manager, GSPCL,

GEDCOL Corporate Office, 2 nd Floor, OSPH & WC Building, Vani Vihar, Janpath,
Bhoinagar, Bhubaneshwar – 751022, Odisha
Email:- info.gspcl@gmail.com
25.2 Any effort by a Bidder to influence the Employer in the Employer’s bid evaluation, bid
comparison or contract award decisions may result in rejection of the Bidder’s bid.
26 POST–QUALIFICATION FOR AWARD OF CONTRACT
26.1 In the absence of pre-qualification, the Employer will determine to its satisfaction
whether the Bidder selected as having submitted the lowest evaluated responsive bid
is qualified to satisfactorily perform the contract.
26.2 The determination will take into account the Bidder’s financial, technical and
production capabilities, in particular the Bidder’s contract work in hand, future
commitments and current litigation. It will be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by the Bidder in the
bid, as well as, such other information as the Employer deems necessary and
appropriate.
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26.3 An affirmative determination will be a prerequisite for award of the contract to the
Bidder. A negative determination will result in rejection of the Bidder’s bid, in which
event the Employer will proceed to the next lowest evaluated bid to make a similar
determination of that Bidder’s capabilities to perform satisfactorily.
26.4 The capabilities of the vendors and sub-contractors proposed in the bid to be used by
the lowest evaluated Bidder will also be evaluated for acceptability. Their participation
should be confirmed with a letter of intent between the parties, as needed. Should a
vendor or sub-contractor be determined to be unacceptable, the bid will not be
rejected, but the Bidder will be required to substitute an acceptable vendor or sub-
contractor without any change to the bid price.
27 AWARD CRITERIA
27.1 Subject to ITB Clause 32, the Employer will award the contract to the successful Bidder
whose bid has been determined to be substantially responsive and to be the lowest
bid, further provided that the Bidder is determined to be qualified to perform the
contract satisfactorily.
27.2 The Employer reserves the right to vary the quantity of any of the spares and/or
delete any items of spares altogether at the time of Award of Contract.
27.3 The mode of contracting with the successful bidder will be as briefly indicated below:
In the case of successful Bidder, the award shall be made for:
 For design, Supply of material, Working personal, Supervisors etc. for

construction works of all the components of this project. Supply shall include
all equipment and materials including mandatory spares.
 For providing all services i.e. inland transportation for delivery at site,
unloading, storage, handling at site, installation, testing and commissioning
including performance testing in respect of all the equipments and services
required for successful commissioning, operation and maintenance works of
the project as detailed in the specification.
28 EMPLOYER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
28.1 The Employer reserves the right to accept or reject any bid and to annul the bidding
process and reject all bids at the time prior to award of contract, 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 Employer’s action.
28.2 The Employer at his discretion may not accept the lowest or any offer or a part of any
offer without assigning any reason. The Employer also reserves its right to accept any
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or all the items, partial or full quantity offered without assigning any reason/s what so
ever.
28.3 Non-acceptance of the conditions 28.1 and 28.2 as mentioned above shall be specially
mentioned in the bid, failing which it shall be deemed to have been accepted by the
Bidder. No claim in this regard shall be entertained at any time after opening of the
tender.
29 NOTIFICATION OF AWARD
29.1 Prior to the expiration of the period of bid validity, the Employer will notify the
successful Bidder in writing by letter or e-mail that its bid has been accepted. The
notification of award will constitute the formation of the contract.
29.2 Upon the successful Bidder’s furnishing of the performance security pursuant to ITB
Clause 31, the Employer will promptly notify each unsuccessful Bidder and will
discharge its Earnest Money Deposit, pursuant to ITB Clause 14.
30 SIGNING THE CONTRACT AGREEMENT
30.1 At the same time as the Employer notifies the successful Bidder that its bid has been
accepted, the Employer will send the Bidder the Contract Agreement provided in the
bidding documents, incorporating all agreements between the parties.
31 PERFORMANCE SECURITY DEPOSIT
31.1 Within thirty (30) days after receipt of the notification of award, the successful Bidder
shall furnish the security deposit in the prescribe form “Form-16: Performance Bank
Guarantee”.
31.2 Failure of the successful bidder to comply with the requirements of ITB Clause 30 shall
constitute sufficient grounds for the annulment of the award and forfeiture of the bid
security, in which event the Employer may make the award to the next lowest
evaluated Bidder at the risk and cost of the successful bidder or call for new bids.
32 CORRUPT OR FRAUDULENT PRACTICES
The Employer requires that the bidders/ Suppliers/Contractor observe the highest
standard of ethics during the procurement and execution of contracts. In pursuance
of this policy, the Employer defines, for the purposes of this provision, the terms set
forth as follows:
i) “corrupt practice” means the offering, giving, receiving or soliciting of anything
of value of influence the action of a public official in the procurement process or
in contract execution; and
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ii) “fraudulent practice’ means a misrepresentation of facts in order to influence

procurement process or the execution of a contract to the detriment of the
Employer and includes collusive practice among bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the Employer of the benefits of free and open competition;
iii) will reject a proposal for award if it determines that the bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the
contract in question;
iv) if the contractor or any of his employees or agents directly or indirectly gives
promise or offers any gratuity, gift, loan, reward for advantage, pecuniary or
otherwise to any public officer or person in the employment of Government and
the GEDCOL-SAIL Power Corporation Limited (GSPCL) or in any way directly or
indirectly tries to influence the action of any such employees in any way relating
to his office or employment, the contract shall be liable to be rescinded. In the
event of the contract being rescinded the security deposit of the contractor shall
stand forfeited to the GEDCOL-SAIL Power Corporation Limited (GSPCL).
33 CO-ORDINATION WITH CONSORTIUM PARTNERS
The successful bidder will have to co-ordinate with the consortium partners especially
the civil contractor, for smooth and timely execution of the Project. The bidder
without any loss of time shall furnish all the information and details, which are
necessary for civil works to progress. Similarly all the materials required for progress of
civil works shall be supplied in time in consultation with the civil contractor.
34 RIGHT TO AMEND THE SPECIFICATION
The Employer reserves the right to amend the specifications, drawings, other
conditions. However, such revisions or amendments shall be communicated to all
bidders before opening of the bid.
35 PATENTS AND/OR COPYRIGHTS
The contractor shall indemnify the Employer, its representatives or its employees
against any action, claims or proceeding relating to infringement or use of any patent
or design rights and shall pay any royalties or other charges which may be payable in
respect of any article or material or part thereof included in the contract. In the
event if any claim being made and objection being brought against the Employer in
respect of any such matters as aforesaid the contractor shall immediately be notified
thereof, provided that such indemnity shall not apply when such infringement has
taken place in complying with the specific directions issued by the Employer, but the
contractor shall pay any royalties or other charges payable in respect of any such use,
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the amount so paid being reimbursed to the contractor only if the use was as a result
of any drawings and/or specification issued after submission of the tender.
36 ACCESS TO THE CONTRACTOR’S BOOK
Whenever it is considered necessary by the Engineer-in-charge to ascertain the

actual cost of execution of any particular extra item of work or supply of plant or
material on which advance is to be made for extra items or claims, he shall direct the
contractor to produce the relevant documents such as pay rolls, records of
personnel, invoices of material and any or all data relevant to the item and necessary
to determine its cost etc. and the contractor shall, when so required furnish all
information pertaining to the aforesaid items in the mode and manner that may be
specified.
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EPC Tendering Document for Volume – 1, Part – IV
Mandira Small Hydro Electric Project (3x3.3 3MW), Odisha Conditions of Contract
PART - IV
CONDITIONS OF CONTRACT
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SECTION - IV: GENERAL CONDITIONS OF CONTRACT
TABLE OF CLAUSES
S. No. Details Page No.

A Contract and Interpretation 53
1 Definitions 53
2 Contract Documents 55
3 Interpretation 55
4 Notices 57
5 Governing Law 57
6 Settlement of Disputes 57
B Subject Matter of Contract 60
7 Scope of Facilities 60
8 Time for Commencement and Completion 61
9 Contractor’s Responsibilities 61
10 Employer’s Responsibilities 62
C Payment 62
11 Contract Price 62
12 Terms of Payment 62
13 Securities 63
14 Taxes and Duties 64
D Intellectual Property 64
15 Copyright 64
16 Confidential Information 64
E Execution of the Facilities 65
17 Representatives 65
18 Work Program 67
19 Subcontracting 68
20 Design and Engineering 69
21 Procurement 71
22 Installation 71
23 Test and Inspection 78
24 Completion of the Facilities 80
25 Commissioning and Operational Acceptance 81
F Guarantees and Liabilities 82
26 Completion Time Guarantee 82
27 Defect Liability 83
28 Functional Guarantees 85
29 Patent Indemnity 86
30 Limitation of Liability 87
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S. No. Details Page No.

G Risk Distribution 87
31 Transfer of Employer ship 87
32 Care of Facilities 87
33 Loss of or Damage to Property Accident or 88
Injury to Workers and Indemnification
34 Insurance 89
35 Unforeseen Conditions 91
36 Change in Laws and Regulations 92
37 Force Majeures 92
38 War Risks 93
H Change in Contract Elements 94
39 Price Variation 94
40 Extension of Time for Completion 97
41 Suspension 98
42 Termination 99
43 Assignment 104
44 Construction of Contract 104
45 Spares 105
46 Defect Liability of Spares 105
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SECTION-IV
GENERAL CONDITIONS OF CONTRACT
A. Contract and Interpretation
1. Definitions
1.1.1 The following words and expressions shall have the meanings hereby assigned to
them:
“Contract” means the Contract Agreement entered into between the Employer and
the Contractor, together with the Contract Documents referred to therein; they shall
constitute the Contract and the term “the Contract” shall in all such documents be
construed accordingly.
“Contract Documents” means the documents listed in Article 1.1 (Contract

Documents) of the Form of Contract Agreement (including any amendments
thereto).
“CC” means the Conditions of Contract hereof.
“Day” means calendar day of the Gregorian Calendar.
“Month” means calendar month of the Gregorian Calendar.
“Employer” means M/s GEDCOL-SAIL Power Corporation Ltd. and includes the legal
successors or permitted assigns of the Employer.
“Engineer-in-charge” means the person appointed by the Employer in the manner

provided in CC Sub-Clause 17.1 (Engineer-in-charge) hereof to perform the duties
delegated by the Employer.
“Contractor” means the person(s) whose bid to perform the Contract has been
accepted by the Employer and is named as such in the Contract Agreement and
includes the legal successors or permitted assigns of the Contractor.
“Contractor’s Representative” means any person nominated by the Contractor and

approved by the Employer in the manner provided in CC Sub-Clause 17.2
(Contractor’s Representative and Construction Manager) hereof to perform the
duties delegated by the Contractor.
“Subcontractor,” including vendors, means any person to whom execution of any

part of the Facilities, including preparation of any design or supply of any Plant and
Equipment, is sub-contracted directly or indirectly by the Contractor and includes its
legal successors or permitted assigns.
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“Adjudicator” means the person or persons named and appointed by agreement

between the Employer and the Contractor to make a decision on or to settle any
dispute or difference between the Employer and the Contractor referred to him or
her by the parties pursuant to CC Sub-Clause 6.1 (Adjudicator) hereof.
“Contract Price” means the sum specified in Article 2.1 (Contract Price) of the
Contract Agreement, subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the Contract.
“Facilities” means the Plant and Equipment to be supplied and installed, as well as
all the Installation Services to be carried out by the Contractor under the Contract.
“Plant and Equipment” means permanent plant, equipment, machinery, apparatus,

Articles and things of all kinds to be provided and incorporated in the Facilities by
the Contractor under the Contract (including the spare parts to be supplied by the
Contractor under CC Sub-Clause 7.3 hereof), but does not include Contractor’s
Equipment.
“Installation Services” means all those services ancillary to the supply of the Plant
and Equipment for the Facilities, to be provided by the Contractor under the
Contract; e.g., transportation and provision of marine or other similar insurance,
inspection, expediting, site preparation works (including the provision and use of
Contractor’s Equipment and the supply of all construction materials required),
installation, testing, pre-commissioning, commissioning, operations, maintenance,
the provision of operations and maintenance manuals, training etc.
“Contractor’s Equipment” means all plant, facilities, equipment, machinery, tools,

apparatus, appliances or things of every kind required in or for installation,
completion and maintenance of Facilities that are to be provided by the Contractor,
but does not include Plant and Equipment or other things intended to form or
forming part of the Facilities.
“Site” means the land and other places upon which the Facilities are to be installed,
and such other land or places as may be specified in the Contract as forming part of
the Site.
“Effective Date” means the date of fulfillment of all conditions stated in Article 3 of
Part-II – Forms of Volume-3.
“Time for Completion” means the time within which Completion of the Facilities as a
whole is to be attained in accordance with Article 4 (Time for Completion) Part-II –
Forms (Volume-III) and the relevant provisions of the Contract and commissioning
has been attained as per Technical Specifications.
“Pre-commissioning” means the testing, checking and other requirements specified

in the Technical Specifications that are to be carried out by the Contractor in
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preparation for Commissioning as provided in CC Clause 24 (Completion) of facilities

hereof.
“Commissioning” means operation of the Facilities or any part thereof by the

Contractor, which operation is to be carried out by the Contractor as provided in CC
Sub-Clause 25.1 (Commissioning) hereof, for the purpose of carrying out Guarantee
Test(s).
“Guarantee Test(s)” means the test(s) specified in the Technical Specifications to be

carried out to ascertain whether the Facilities or a specified part thereof is able to
attain the Functional Guarantees specified in the Technical Specifications in
accordance with the provisions of CC Sub-Clause 25.2 (Guarantee Test) hereof.
“Operational Acceptance” means the acceptance by the Employer of the Facilities

(or any part of the Facilities where the Contract provides for acceptance of the
Facilities in parts), which certifies the Contractor’s fulfillment of the Contract in
respect of Functional Guarantees of the Facilities (or the relevant part thereof) in
accordance with the provisions of CC Clause 28 (Functional Guarantees) hereof and
shall include deemed acceptance in accordance with CC Clause 25 (Commissioning
and Operational Acceptance) hereof.
“Defect Liability Period” means the period of validity of the warranties given by the
Contractor commencing at Completion of the Facilities or a part thereof, during
which the Contractor is responsible for defects with respect to the Facilities (or the
relevant part thereof) as provided in CC Clause 27 (Defect Liability) hereof.
2. Contract Documents
2.1 Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all
documents forming part of the Contract (and all parts thereof) are intended to be
correlative, complementary and mutually explanatory. The Contract shall be read as
a whole.
3. Interpretation
3.1 Language
3.1.1 All Contract Documents, all correspondence and communications to be given, and all
other documentation to be prepared and supplied under the Contract shall be
written in English and the Contract shall be construed and interpreted in accordance
with that language.
3.2 Singular and Plural
The singular shall include the plural and the plural the singular, except where the
context otherwise requires.
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3.3 Headings
The headings and marginal notes in the Conditions of Contract are included for ease
of reference and shall neither constitute a part of the Contract nor affect its
interpretation.
3.4 Persons
Words importing persons or parties shall include firms, corporations and

government entities
3.5 Entire Agreement
The Contract constitutes the entire agreement between the Employer and
Contractor with respect to the subject matter of Contract and supersedes all
communications, negotiations and agreements (whether written or oral) of parties
with respect thereto made prior to the date of Contract.
3.6 Amendment
No amendment or other variation of the Contract shall be effective unless it is in

writing, is dated, expressly refers to the Contract and is signed by a duly authorized
representative of each party hereto.
3.7 Joint Venture or Consortium
If the Contractor is a joint venture or consortium, all such firms shall be jointly and
severally bound to the Employer for the fulfillment of the provisions of the Contract
and shall designate one of such persons to act as a leader with authority to bind the
joint venture or consortium. The composition or the constitution of the joint venture
or consortium shall not be altered without the prior consent of the Employer.
3.8 Non-Waiver
3.8.1 Subject to CC Sub-Clause 3.8.2 below, no relaxation, forbearance, delay or

indulgence by either party in enforcing any of the terms and conditions of the
Contract or the granting of time by either party to the other shall prejudice, affect or
restrict the rights of that party under the Contract, nor shall any waiver by either
party of any breach of Contract operate as waiver of any subsequent or continuing
breach of Contract.
3.8.2 Any waiver of a party’s rights, powers or remedies under the Contract must be in
writing, must be dated and signed by an authorized representative of the party
granting such waiver and must specify the right and the extent to which it is being
waived.
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3.9 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or

unenforceable, such prohibition, invalidity or unenforceability shall not affect the
validity or enforceability of any other provisions and conditions of the Contract.
3.10 Country of Origin
“Origin” means the place where the materials, equipment and other supplies for the
Facilities are mined, grown, produced or manufactured and from which the services
are provided.
4. Notices
4.1 Unless otherwise stated in the Contract, all notices to be given under the Contract
shall be in writing and shall be sent by personal delivery, airmail post, special courier,
telex, facsimile or Electronic Data Interchange (EDI) to the M/s GEDCOL-SAIL Power
Corporation Ltd. (GSPCL), with the following provisions:
4.1.1 Any notice sent by telex, facsimile or EDI shall be confirmed within two (2) days after
dispatch by notice sent by airmail post or special courier, except as otherwise
specified in the Contract.
4.1.2 Any notice sent by airmail post or special courier shall be deemed (in the absence of
evidence of earlier receipt) to have been delivered ten (10) days after dispatch. In
proving the fact of dispatch, it shall be sufficient to show that the envelope
containing such notice was properly addressed, stamped and conveyed to the postal
authorities or courier service for transmission by airmail or special courier.
4.1.3 Any notice delivered personally or sent by telex, facsimile or EDI shall be deemed to
have been delivered on date of its dispatch.
4.1.4 Either party may change its postal, telex, facsimile or EDI address or addressee for
receipt of such notices by ten (10) days’ notice to the other party in writing
4.2 Notices shall be deemed to include any approvals, consents, instructions, orders and
certificates to be given under the Contract.
5. Governing Law
5.1 The Contract shall be governed by and interpreted in accordance with laws of
Government of Odisha.
6. Settlement of Disputes
6.1 Adjudicator
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6.1.1 If any dispute of any kind whatsoever shall arise between the Employer and the
Contractor in connection with or arising out of the Contract, including without
prejudice to the generality of the foregoing, any question regarding its existence,
validity or termination or the execution of the Facilities, whether during the progress
of the Facilities or after their completion and whether before or after the
termination, abandonment or breach of the Contract, the parties shall seek to
resolve any such dispute or difference by mutual consultation. If the parties fail to
resolve such a dispute or difference by mutual consultation, then the dispute shall be
referred in writing by either party to the Adjudicator, with a copy to the other party.
The Adjudicator shall give its decision in writing to both parties within twenty-eight
(28) days of a dispute being referred to it. If the Adjudicator has done so and no
notice of intention to commence arbitration has been given by either the Employer
or the Contractor within fifty-six (56) days of such reference, the decision shall
become final and binding upon the Employer and the Contractor. Any decision that
has become final and binding shall be implemented by the parties forthwith.
6.1.2 The Adjudicator shall be paid as per guidelines of Govt. of Odisha.
6.1.3 Should the Adjudicator resign or die, or should the Employer and the Contractor
agree that the Adjudicator is not fulfilling its functions in accordance with the
provisions of the Contract; a new Adjudicator shall be jointly appointed by the
Employer and the Contractor. Failing agreement between the two within twenty-
eight (28) days, the new Adjudicator shall be appointed at the request of either
party.
6.2 Arbitration
6.2.1 If either the Employer or the Contractor is dissatisfied with the Adjudicator’s decision
or if the Adjudicator fails to give a decision within twenty eight (28) days of a dispute
being referred to it, then either the Employer or the Contractor may, within fifty six
(56) days of such reference, give notice to the other party, with a copy for
information to the Adjudicator, of its intention to commence arbitration, as
hereinafter provided, as to the matter in dispute and no arbitration in respect of this
matter may be commenced unless such notice is given.
6.2.2 Any dispute, in respect of which a notice of intention to commence arbitration has
been given, in accordance with CC Sub-Clause 6.2.1, shall be finally settled by
arbitration. Arbitration may be commenced prior to or after completion of the
Facilities.
6.2.3 Any dispute, controversy or claim arising out of, or relating to this contract or
breach, termination or invalidity there of which has not become final and binding
pursuant to CC Sub-Clause 6.1.2, shall be settled by arbitration by arbitral tribunal as
under.
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The arbitral tribunal shall have full power to open-up, review and revise any
decision, opinion, instruction, determination, certificate or valuation of the Engineer-
in-charge and any Recommendation(s) of the Adjudicator related to the dispute.
A dispute with an Indian Contractor shall be finally settled by arbitration in

accordance with the Arbitration & Conciliation Act, 1996 or any statutory
amendment thereof.
The arbitral tribunal shall consist of three arbitrators, one each to be appointed by
the Employer and the Contractor. The third Arbitrator shall be chosen by the two
Arbitrators so appointed by the Parties and shall act as presiding arbitrator. In case
of failure of the two arbitrators, appointed by the parties to reach upon a consensus
within a period of 30 days from the appointment of the arbitrator appointed
subsequently, the Presiding arbitrator shall be appointed by the “Arbitral Tribunal".
Neither party shall be limited in the proceedings before such tribunal to the evidence
or arguments before the Adjudicator for the purpose of obtaining its
Recommendation(s) pursuant to CC Sub-Clause 6.2.2. No recommendation shall
disqualify any Adjudicator from being called as a witness and giving evidence before
the arbitrator(s) on any matter whatsoever relevant to the dispute.
Arbitration may be commenced prior to or after completion of the Works, provided

that the obligations of the Employer, the Engineer-in-charge, the Contractor and the
Adjudicator shall not be altered by reason of the arbitration being conducted during
the progress of the Works.
If one of the parties fail to appoint its arbitrator in pursuance of above Sub-Clauses,
within 30 days after receipt of the notice of the appointment of its arbitrator by the
other party, then the President of the Indian Institute of Engineers (India) shall
appoint the arbitrator. A certified copy of the order of the President of the
Institution of Engineers (India) making such an appointment shall be furnished to
each of the parties.
Arbitration proceedings shall be held at Bhubaneswar, Odisha (India) and the

language of the arbitration proceedings and that of all documents and
communications between the parties shall be in English.
The decision of the majority of arbitrators shall be final and binding upon both
parties. The cost and expenses of Arbitration proceedings will be paid as determined
by the arbitral tribunal. However, the expenses incurred by each party in connection
with the preparation, presentation, etc., of its proceedings as also the fees and
expenses paid by the arbitrator appointed by such party or on its behalf shall be
borne by each party itself.
The arbitrator(s) shall give reasoned award.
Notwithstanding any reference to the Adjudicator or arbitration herein,
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a) the parties shall continue to perform their respective obligations under the
Contract unless they otherwise agree.
b) the Employer shall pay the Contractor any monies due the Contractor.
B. Subject Matter of Contract
7. Scope of Facilities
7.1 Unless otherwise expressly limited in the Technical Specifications, the Contractor’s
obligations cover the design, manufacture (including procurement, quality
assurance), construction, installation, associated civil works, Pre-commissioning,
commissioning and performance testing along with Operation and Maintenance for
5 Years of the Facilities in accordance with the plans, procedures, specifications,
drawings, codes and any other documents as specified in the Technical
Specifications. Such specifications include, but are not limited to, the provision of
supervision and engineering services; the supply of labor, materials, equipment,
spare parts (as specified in CC Sub-Clause 7.3 below) and accessories; Contractor’s
Equipment; construction utilities and supplies; temporary materials, structures and
facilities; transportation (including, without limitation, unloading and hauling to,
from and at the Site); and storage, except for those supplies, works and services that
will be provided or performed by the Employer, as set forth in the corresponding
Appendix 6 (Scope of Works) to the Contract Agreement.
7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such
work and/ or supply all such items and materials not specifically mentioned in the
Contract but that can be reasonably inferred from the Contract as being required for
attaining Completion of the Facilities as if such work and/or items and materials
were expressly mentioned in the Contract.
7.3 The contractor scope includes Operation & Maintenance of the Project for five (5)
years out of which 2 years shall be under the defect liability period and three (3)
years shall be for Operation & Maintenance Scope. Any repairs under defect liability
period i.e. first 2 (two) years, shall be carried out at Contractor's cost and during the
remaining 3 years, charges for repairs (i.e. cost of spares) shall be paid by GSPCL. In
addition, the Contractor shall supply mandatory spare parts required for the next 5
years of the operation after completion of O&M contract. However, the identity,
specifications and quantities of such spare parts and the price shall be that given in
Price Schedule Volume – 3, Part-I, Section-II & III which shall be added to the
Contract Price. The price of such spare parts shall include the purchase price
therefore and other costs and expenses relating to the supply of spare parts.
7.4 The Contractor shall carry sufficient inventories to ensure an ex-stock supply of
consumable spares for the plant and equipment. Other spare parts and components
shall be supplied as promptly as possible, but at the most within six (6) months of
placing the order and opening the letter of credit. In addition, in the event of
termination of the production of spare parts, advance notification will be made to
the Employer of the pending termination, with twelve (12) months time to permit
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the Employer to procure the needed requirement. Following such termination, the
Contractor will permit to the extent possible and at no cost to the Employer the
drawings and specifications of the spare parts, if requested.
8. Time for Commencement and Completion
8.1 The Contractor shall commence work on the Facilities from the Effective Date for
determining time for completion as specified in the contract agreement.
8.2 The time for completion of the facilities shall be 30 months from the Effective Date.
9. Contractor’s Responsibilities
9.1 The Contractor shall design, manufacture (including associated purchases and/ or
subcontracting), install and complete the Facilities with due care and diligence in
accordance with the Contract.
9.2 The Contractor confirms that it has entered into this Contract on the basis of a
proper examination of the data relating to the Facilities (including any data as to
boring tests) provided by the Employer and on the basis of information that the
Contractor could have obtained from a visual inspection of the Site (if access thereto
was available) and of other data readily available to it relating to the Facilities as of
the date twenty eight (28) days prior to bid submission. The Contractor
acknowledges that any failure to acquaint itself with all such data and information
shall not relieve its responsibility for properly estimating the difficulty or cost of
successfully performing the Facilities.
9.3 The Contractor shall acquire in its name all permits, approvals and/ or licenses, from
all Local, State or National government authorities or public service undertakings in
the country where the Site is located, that are necessary for the performance of the
Contract. The Contractor shall acquire all other permits, approvals and/ or licenses
that are not the responsibility of the Employer under CC Sub-Clause 10.3 hereof and
that are necessary for the performance of the Contract.
9.4 The Contractor shall comply with all laws in force in the country where the Facilities
are installed and where the Installation Services are carried out. The laws will include
all Local, State, National or other laws that affect the performance of the Contract
and bind upon the Contractor. The Contractor shall indemnify and hold harmless the
Employer from and against any and all liabilities, damages, claims, fines, penalties
and expenses of whatever nature arising or resulting from the violation of such laws
by the Contractor or its personnel, including the Sub-contractors and their
personnel, but without prejudice to CC Sub-Clause 10.1 hereof.
9.5 Any Plant, Material and Services that will be incorporated in or be required for the
Facilities and other supplies shall have their origin as specified under CC Clause 3.10
(Country of Origin).
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10. Employer’s Responsibilities
10.1 The Employer shall be responsible for acquiring and providing legal and physical
possession of the Site and access thereto and for providing possession of and access
to all other areas reasonably required for the proper execution of the Contract,
including all requisite rights of way.
10.2 The Employer shall use its best endeavors to assist the Contractor in obtaining in a
timely and expeditious manner all permits, approvals and/or licenses necessary for
the execution of the Contract from all local, state or national government authorities
or public service undertakings that such authorities or undertakings require the
Contractor or Sub-contractors or the personnel of the Contractor or Sub-contractors,
as the case may be, to obtain.
10.3 The Employer shall be responsible for the continued operation of the Facilities after
Completion of O&M Period (which is 5 years after completion of facilities), in
accordance with CC Sub-Clause 24.5 and shall be responsible for facilitating the
Guarantee Test(s) for the Facilities, in accordance with CC Sub-Clause 25.2.
10.4 All costs and expenses involved in the performance of the obligations under this CC
Clause 10 shall be the responsibility of the Employer, save those to be incurred by
the Contractor with respect to the performance of Guarantee Tests, in accordance
with CC Sub-Clause 25.2.
C. Payment
11. Contract Price
11.1 The Contract Price shall be as specified in Article 2 (Contract Price and Terms of
Payment) of the Contract Agreement.
11.2 The Contract Price shall be a firm lump sum price.
11.3 Subject to CC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor shall be deemed to
have satisfied itself as to the correctness and sufficiency of the Contract Price, which
shall, except as otherwise provided for in the Contract, cover all its obligations under
the Contract.
12. Terms of Payment
12.1 The Contract Price shall be paid as specified in the corresponding Appendix 1 (Terms
and Procedures of Payment) to the Contract Agreement. The procedures to be
followed in making application for and processing payments shall be those outlined
in the same Appendix 1.
12.2 No payment made by the Employer herein shall be deemed to constitute acceptance
by the Employer of the Facilities or any part(s) thereof.
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12.3 The currency in which payments, which have become due, are made to the
Contractor under this Contract shall be specified in the corresponding Appendix 1
(Terms and Procedures of Payment) to the Contract Agreement, subject to the
general principle that payments will be made in the currency or currencies in which
the Contract Price has been stated in the Contractor’s bid.
12.4 All payments shall be made in the currency or currencies specified in the Appendix 1
(Terms and Procedures of Payment) to the Contract Agreement.
13. Securities
13.1 Issuance of Securities
The Contractor shall provide the securities specified below in favor of the Employer
at the times and in the amount, manner and form specified below.
13.2 Advance Payment Security
13.2.1 The Contractor shall, within twenty eight (28) days of the contract signing, provide a
security in an amount equal to the advance payment calculated in accordance with
the corresponding Appendix 1 (Terms and Procedures of Payment) to the Contract
Agreement and in the same currency or currencies with a validity of 90 days beyond
the date of completion of facilities in accordance with CC clause 24.
13.2.2 The security shall be in the form of a Bank Guarantee as per Form-17. The security
shall be discharged after Completion of the Facilities or relevant part thereof.
13.3 Performance Security
13.3.1 The amount of performance security, as a percentage of the Contract Price, shall be
10% (Ten Percent) of the Contract Price. The performance security of a Joint Venture
shall be in the name of the Joint Venture.
The Contractor shall, within thirty (30) days of the notification of contract award,
provide a security for the due performance of the Contract with a validity upto
ninety (90) days beyond the Defect Liability Period.
13.3.2 For the Operation & Maintenance works, Bank Guarantee (BG) of INR 1 Crore or
equivalent of 3 months revenue, whichever is higher, will be submitted by the
contractor. The validity of the BG will be commence immediately after expiry of the
BG (described in clause 13.3.1) and will remain valid upto ninety (90) days beyond
completion of Operation & Maintenance Contract.
13.3.3 The performance Security shall be in the form of bank guarantee as per Form-16.
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The security shall be reduced pro-rata to the contract price or a part or the facilities
for which a separate time for completion is provided for.
14. Taxes and Duties
14.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear
and pay all taxes, duties, levies and charges assessed on the Contractor, its Sub-
contractors or their employees by all Municipal, State or National government
authorities in connection with the Facilities in the country where the Site is located.
14.2 Notwithstanding CC Sub-Clause 14.1 above, the Contractor shall bear and promptly
pay all customs and import duties as well as other local taxes like, e.g., GST (Goods
and Service Tax) imposed by the law of the country where the Site is located on the
Plant and Equipment and mandatory spare parts specified in Price Schedule (Volume
– 3, Part-I Section-II & III) and that are to be incorporated into the Facilities.
14.3 If any tax exemptions, reductions, allowances or privileges may be available to the
Contractor in the state where site is located, the Employer shall use its best
endeavors to enable the Contractor to benefit from any such tax savings to the
maximum allowable extent.
D. Intellectual Property
15. Copyright
15.1 The copyright in all drawings, documents and other materials containing data and
information furnished to the Employer by the Contractor herein shall remain vested
in the Contractor or, if they are furnished to the Employer directly or through the
Contractor by any third party, including suppliers of materials, the copyright in such
materials shall remain vested in such third party.
The Employer shall however be free to reproduce all drawings, documents and other
material furnished to the Employer for the purpose of the Contract including, if
required, for operation and maintenance.
16. Confidential Information
16.1 The Employer and the Contractor shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party any documents,
data or other information furnished directly or indirectly by the other party hereto in
connection with the Contract, whether such information has been furnished prior to,
during or following termination of the Contract. Notwithstanding the above, the
Contractor may furnish to its Sub-contractor(s) such documents, data and other
information it receives from the Employer to the extent required for the Sub-
contractor(s) to perform its work under the Contract, in which event the Contractor
shall obtain from such Sub-contractor(s) an undertaking of confidentiality similar to
that imposed on the Contractor under this CC Clause 16.
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16.2 The Employer shall not use such documents, data and other information received
from the Contractor for any purpose other than the operation and maintenance of
the Facilities. Similarly, the Contractor shall not use such documents, data and other
information received from the Employer for any purpose other than the design,
procurement of Plant and Equipment, construction or such other work and services
as are required for the performance of the Contract.
16.3 The obligation of a party under CC Sub-Clauses 16.1 and 16.2 above, however, shall
not apply to that information which now or hereafter enters the public domain
through no fault of that party can be proven to have been possessed by that party at
the time of disclosure and which was not previously obtained, directly or indirectly,
from the other party hereto otherwise lawfully becomes available to that party from
a third party that has no obligation of confidentiality.
16.4 The above provisions of this CC Sub-Clause 16 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior to the date
of the Contract in respect of the Facilities or any part thereof.
16.5 The provisions of this CC Sub-Clause 16 shall survive termination, for whatever
reason, of the Contract.
E. Execution of Facilities
17. Representatives
17.1 Engineer-in-charge
If the Engineer-in-charge is not named in the Contract, then within fourteen (14)
days of the Effective Date, the Employer shall appoint and notify the Contractor in
writing of the name of the Engineer-in-charge. The Employer may from time to time
appoint some other person as the Engineer-in-charge in place of the person
previously so appointed and shall give a notice of the name of such other person to
the Contractor without delay. The Employer shall take all reasonable care to see that
no such appointment is made at such a time or in such a manner as to impede the
progress of work on the Facilities. The Engineer-in-charge shall represent and act for
the Employer at all times during the currency of the Contract. All notices,
instructions, orders, certificates, approvals and all other communications under the
Contract shall be given by the Engineer-in-charge, except as herein otherwise
provided.
All notices, instructions, information and other communications given by the

Contractor to the Employer under the Contract shall be given to the Engineer-in-
charge, except as herein otherwise provided.
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17.2 Contractor’s Representative and Construction Manager
17.2.1 If the Contractor’s Representative is not named in the Contract, then within
fourteen (14) days of the Effective Date, the Contractor shall appoint the
Contractor’s Representative and shall request the Employer in writing to approve
the person so appointed. If the Employer makes no objection to the appointment
within fourteen (14) days, the Contractor’s Representative shall be deemed to have
been approved. If the Employer objects to the appointment within fourteen (14)
days giving the reason therefore, then the Contractor shall appoint a replacement
within fourteen (14) days of such objection and the foregoing provisions of this CC
Sub-Clause 17.2.1 shall apply thereto.
17.2.2 The Contractor’s Representative shall represent and act for the Contractor at all
times during the currency of the Contract and shall give to the Engineer-in-charge all
the Contractor’s notices, instructions, information and all other communications
under the Contract.
All notices, instructions, information and all other communications given by the
Employer or the Engineer-in-charge to the Contractor under the Contract shall be
given to the Contractor’s Representative or in its absence, its deputy, except as
herein otherwise provided.
The Contractor shall not revoke the appointment of the Contractor’s Representative
without the Employer’s prior written consent, which shall not be unreasonably
withheld. If the Employer consents thereto, the Contractor shall appoint some other
person as the Contractor’s Representative, pursuant to the procedure set out in CC
Sub-Clause 17.2.1
17.2.3 The Contractor’s Representative may, subject to the approval of the Employer (which
shall not be unreasonably withheld), at any time delegate to any person any of the
powers, functions and authorities vested in him or her. Any such delegation may be
revoked at any time. Any such delegation or revocation shall be subject to a prior
notice signed by the Contractor’s Representative and shall specify the powers,
functions and authorities thereby delegated or revoked. No such delegation or
revocation shall take effect unless and until a copy thereof has been delivered to the
Employer and the Engineer-in-charge.
Any act or exercise by any person of powers, functions and authorities so delegated
to him or her in accordance with this CC Sub-Clause 17.2.3 shall be deemed to be an
act or exercise by the Contractor’s Representative.
17.2.4 From the commencement of installation of the Facilities at the Site until Operational
Acceptance, the Contractor’s Representative shall appoint a suitable person as the
construction manager (hereinafter referred to as “the Construction Manager”). The
Construction Manager shall supervise all work done at the Site by the Contractor
and shall be present at the Site throughout normal working hours except when on
leave, sick or absent for reasons connected with the proper performance of the
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Contract. Whenever the Construction Manager is absent from the Site, a suitable
person shall be appointed to act as his or her deputy.
17.2.5 The Employer may by notice to the Contractor object to any representative or
person employed by the Contractor in the execution of the Contract who, in the
reasonable opinion of the Employer, may behave inappropriately, may be
incompetent or negligent or may commit a serious breach of the Site regulations
provided under CC Sub-Clause 22.3. The Employer shall provide evidence of the
same, whereupon the Contractor shall remove such person from the Facilities.
17.2.6 If any representative or person employed by the Contractor is removed in

accordance with CC Sub-Clause 17.2.5, the Contractor shall, where required,
promptly appoint a replacement.
18. Work Program
18.1 Contractor’s Organization
The Contractor shall supply to the Employer and the Engineer-in-charge a chart
showing the proposed organization to be established by the Contractor for carrying
out work on the Facilities. The chart shall include the identities of the key personnel
together with the curriculum vitae of such key personnel to be employed within
twenty one (21) days of the Effective Date. The Contractor shall promptly inform the
Employer and the Engineer-in-charge in writing of any revision or alteration of such
an organization chart.
18.2 Program of Performance
The form of the program of performance of the contract shall be PERT network.
Within twenty eight (28) days after the date of notification of award, the Contractor
shall prepare and submit to the Engineer-in-charge a detailed program of
performance of the Contract, as per Appendix - 9 (Milestone Schedule) given in Part-
II, Volume-3 and showing the sequence in which it proposes to design, manufacture,
transport, assemble, install and pre-commission the Facilities, as well as the date by
which the Contractor reasonably requires that the Employer shall have fulfilled its
obligations under the Contract so as to enable the Contractor to execute the
Contract in accordance with the program and to achieve Completion,
Commissioning and Acceptance of the Facilities in accordance with the Contract.
The program so submitted by the Contractor shall accord with the Time Schedule
included in the Appendix 4 (Time Schedule) to the Contract Agreement and any
other dates and periods specified in the Contract. The Contractor shall update and
revise the program as and when appropriate or when required by the Engineer-in-
charge, but without modification in the Times for Completion given in Article 4 of
the contract and any extension granted in accordance with CC Clause 40 and shall
submit all such revisions to the Engineer-in-charge.
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18.3 Progress Report

The Contractor shall monitor progress of all the activities specified in the program
referred to in CC Sub-Clause 18.2 above and supply a progress report to the
Engineer-in-charge every month.
The progress report shall be in a form acceptable to the Engineer-in-charge and shall
indicate:
(a) Percentage completion achieved compared with the planned percentage
completion for each activity; and
(b) Where any activity is behind the program, giving comments and likely
consequences and stating the corrective action being taken.
18.4 Progress of Performance
If at any time the Contractor’s actual progress falls behind the program referred to
in CC Sub-Clause 18.2 or it becomes apparent that it will so fall behind, the
Contractor shall, at the request of the Employer or the Engineer-in-charge, prepare
and submit to the Engineer-in-charge a revised program, taking into account the
prevailing circumstances and shall notify the Engineer-in-charge of the steps being
taken to expedite progress so as to attain Completion of the Facilities within the
Time for Completion under CC Sub-Clause 8.2, any extension thereof entitled under
CC Sub-Clause 40.1 or any extended period as may otherwise be agreed upon
between the Employer and the Contractor.
18.5 Work Procedures
The Contract shall be executed in accordance with the Contract Documents. The
Contractor may execute the Contract in accordance with its own standard project
execution plans and procedures to the extent that they do not conflict with the
provisions contained in the Contract.
19. Sub Contracting
19.1 The Appendix – 5 (List of Approved Subcontractors) to the Contract Agreement

specifies major items of supply or services and a list of approved Sub-contractors
against each item, including vendors. Insofar as no Sub-contractors are listed
against any such item, the Contractor shall prepare a list of Sub-contractors for such
item for inclusion in such list. The Contractor may from time to time propose any
addition to or deletion from any such list. The Contractor shall submit any such list
or any modification thereto to the Employer for its approval in sufficient time so as
not to impede the progress of work on the Facilities. Such approval by the Employer
for any of the Sub-contractors shall not relieve the Contractor from any of its
obligations, duties or responsibilities under the Contract.
19.2 The Contractor shall select and employ its Sub-contractors for such major items
from those listed in the lists referred to in CC Sub-Clause 19.1.
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19.3 For items or parts of the Facilities not specified in the Appendix – 5 (List of
Approved Sub-contractors) to the Contract Agreement, the Contractor may employ
such Subcontractors as it may select, at its discretion.
20. Design and Engineering
20.1 Specifications and Drawings
20.1.1 The Contractor shall execute the basic and detailed design and the engineering
work in compliance with the provisions of the Contract or where not so specified, in
accordance with good engineering practice.
The Contractor shall be responsible for any discrepancies, errors or omissions in the
specifications, drawings and other technical documents that it has prepared,
whether such specifications, drawings and other documents have been approved by
the Engineer-in-charge or not, provided that such discrepancies, errors or omissions
are not because of inaccurate information furnished in writing to the Contractor by
or on behalf of the Employer.
20.2 Codes and Standards
Wherever references are made in the Contract to codes and standards in

accordance with which the Contract shall be executed, the edition or the revised
version of such codes and standards current at the date twenty eight (28) days prior
to date of bid submission shall apply unless otherwise specified. During Contract
execution, any changes in such codes and standards shall be applied after approval
by the Employer and shall be treated in accordance with CC Clause 39.
20.3 Approval/ Review of Technical Documents by Engineer-in-charge
20.3.1 The Contractor shall prepare (or its Subcontractors to prepare) and furnish to the
Engineer-in-charge the documents listed in the Appendix -7 (List of Documents for
Approval or Review) to the Contract Agreement for its approval or review as
specified and in accordance with the requirements of CC Sub-Clause 18.2 (Program
of Performance).
Any part of the Facilities covered by or related to the documents to be approved by

the Engineer-in-charge shall be executed only after the Engineer-in-charge’s
approval thereof. CC Sub-Clauses 20.3.2 through 20.3.7 shall apply to those
documents requiring the Engineer-in-charge’s approval, but not to those furnished
to the Engineer-in-charge for its review only.
20.3.2 Within fourteen (14) days after receipt by the Engineer-in-charge of any document
requiring the Engineer-in-charge’s approval in accordance with CC Sub-Clause 20.3.1,
the Engineer-in-charge shall either return one copy thereof to the Contractor with its
approval endorsed thereon or shall notify the Contractor in writing of its disapproval
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thereof and the reasons therefore and the modifications that the Engineer-in-charge
proposes.
20.3.3 The Engineer-in-charge shall not disapprove any document, except on the grounds
that the document does not comply with some specified provision of the Contract
or that it is contrary to good engineering practice.
20.3.4 If the Engineer-in-charge disapproves the document, the Contractor shall modify
the document and resubmit it for the Engineer-in-charge’s approval in accordance
with CC Sub-Clause 20.3.2. If the Engineer-in-charge approves the document subject
to modification(s), the Contractor shall make the required modification(s), and upon
resubmission with the required modifications the document shall be deemed to
have been approved.
The procedure for submission of the documents by the Contractor and their
approval by the Engineer-in-charge shall be discussed and finalized with the
Contractor.
20.3.5 If any dispute or difference occurs between the Employer and the Contractor in
connection with or arising out of the disapproval by the Engineer-in-charge of any
document and/or any modification(s) thereto that cannot be settled between the
parties within a reasonable period, then such dispute or difference may be referred
to an Adjudicator for determination in accordance with CC Sub-Clause 6.1 hereof. If
such dispute or difference is referred to an Adjudicator, the Engineer-in-charge shall
give instructions as to whether and if so, how, performance of the Contract is to
proceed. The Contractor shall proceed with the Contract in accordance with the
Engineer-in-charge’s instructions, provided that if the Adjudicator upholds the
Contractor’s view on the dispute and if the Employer has not given notice under CC
Sub-Clause 6.1.2 hereof, then the Contractor shall be reimbursed by the Employer
for any additional costs incurred by reason of such instructions and shall be relieved
of such responsibility or liability in connection with the dispute and the execution of
the instructions as the Adjudicator shall decide and the Time for Completion shall
be extended accordingly.
20.3.6 The Engineer-in-charge’s approval, with or without modification of the document

furnished by the Contractor, shall not relieve the Contractor of any responsibility or
liability imposed upon it by any provisions of the Contract except to the extent that
any subsequent failure results from modifications required by the Engineer-in-
charge.
20.3.7 The Contractor shall not depart from any approved document unless the Contractor
has first submitted to the Engineer-in-charge an amended document and obtained
the Engineer-in-charge’s approval thereof, pursuant to the provisions of this CC Sub-
Clause 20.3.
If the Engineer-in-charge requests any change in any already approved document
and/ or in any document based thereon, the provisions of CC Clause 39 shall apply
to such request.
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21. Procurement
21.1 Plant and Equipment
Subject to CC Sub-Clause 14.2, the Contractor shall manufacture or procure and

transport all the Plant and Equipment in an expeditious and orderly manner to the
Site.
21.2 Transportation
21.2.1 The Contractor shall at its own risk and expense transport all the Plant and
Equipment and the Contractor’s Equipment to the Site by the mode of transport that
the Contractor judges most suitable under all the circumstances.
21.2.2 Unless otherwise provided in the Contract, the Contractor shall be entitled to select
any safe mode of transport operated by any person to carry the Plant and
Equipment and the Contractor’s Equipment.
21.2.3 Upon dispatch of each shipment of the Plant and Equipment and the Contractor’s
Equipment, the Contractor shall notify the Employer by telex, facsimile or Electronic
Data Interchange (EDI) of the description of the Plant and Equipment and of the
Contractor’s Equipment, the point and means of dispatch, and the estimated time
and point of arrival in the country where the Site is located, if applicable, and at the
Site. The Contractor shall furnish the Employer with relevant shipping documents to
be agreed upon between the parties.
21.2.4 The Contractor shall be responsible for obtaining, if necessary, approvals from the
authorities for transportation of the Plant and Equipment and the Contractor’s
Equipment to the Site. The Employer shall use its best endeavors in a timely and
expeditious manner to assist the Contractor in obtaining such approvals, if
requested by the Contractor. The Contractor shall indemnify and hold harmless the
Employer from and against any claim for damage to roads, bridges or any other
traffic facilities that may be caused by the transport of the Plant and Equipment and
the Contractor’s Equipment to the Site
22. Installation
22.1 Setting Out/Supervision/Labor
22.1.1 Bench Mark: The Contractor shall be responsible for the true and proper setting-out
of the Facilities in relation to bench marks, reference marks and lines provided to it
in writing by or on behalf of the Employer.
If, at any time during the progress of installation of the Facilities, any error shall
appear in the position, level or alignment of the Facilities, the Contractor shall
forthwith notify the Engineer-in-charge of such error and at its own expense,
immediately rectify such error to the reasonable satisfaction of the Engineer-in-
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charge. If such error is based on incorrect data provided in writing by or on behalf of

the Employer, the expense of rectifying the same shall be borne by the Employer.
22.1.2 Contractor’s Supervision
The Contractor shall give or provide all necessary superintendence during the
installation of the Facilities and the Construction Manager or its deputy shall be
constantly on the Site to provide full-time superintendence of the installation. The
Contractor shall provide and employ only technical personnel who are skilled and
experienced in their respective callings and supervisory staff who are competent to
adequately supervise the work at hand.
22.1.3 Labor
The Contractor shall provide and employ on the Site in the installation of the
Facilities such skilled, semi-skilled and unskilled labor as is necessary for the proper
and timely execution of the Contract. The Contractor is encouraged to use local labor
that has the necessary skills.
Unless otherwise provided in the Contract, the Contractor shall be responsible for
the recruitment, transportation, accommodation and catering of all labor, local or
expatriate, required for the execution of the Contract and for all payments in
connection therewith.
The Contractor shall be responsible for obtaining all necessary permit(s) from the
appropriate authorities for the entry of all labor and personnel to be employed on
the Site.
The Contractor shall at its own expense provide the means of repatriation to all of its
and its Sub-contractor’s personnel employed on the Contract at the Site to their
various home towns. It shall also provide suitable temporary maintenance of all such
persons from the cessation of their employment on the Contract to the date
programmed for their departure. In the event that the Contractor defaults in
providing such means of transportation and temporary maintenance, the Employer
may provide the same to such personnel and recover the cost of doing so from the
Contractor.
The Contractor shall at all times during the progress of the Contract use its best
endeavors to prevent any unlawful, riotous or disorderly conduct or behavior by or
amongst its employees and the labor of its Subcontractors.
The Contractor shall, in all dealings with its labor and the labor of its Sub-contractors
currently employed on or connected with the Contract, pay due regard to all
recognized festivals, official holidays, religious or other customs and all local laws
and regulations pertaining to the employment of labor.
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Compliance with Labour Regulations

During continuance of the contract, the Contractor and his sub contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State or Central Government or Local
authority and any other labour law (including rules), regulations, bye laws that may
be passed or notification that may be issued under any labour law in future either by
the State or the Central Government or the Local authority. Salient features of some
of the major labour laws that are applicable to construction industry are given
below. The Contractor shall keep the Employer indemnified in case any action is
taken against the Employer by the competent authority on account of contravention
of any of the provisions of any Act or rules made there under regulations or
notifications including amendments. If the Employer is caused to pay or reimburse,
such amounts as may be necessary to cause or observe, or for non-observance of the
provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including
amendments, if any, on the part of the Contractor, the Engineer/Employer shall have
the right to deduct any money due to the Contractor including his amount of
performance security. The Employer/Engineer shall also have right to recover from
the Contractor any sum required or estimated to be required for making good the
loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated
as the employees of the Employer at any point of time.
Salient Features of Some Major Labour Laws applicable to Establishment engaged

in Building and Other Construction Works
Workmen Compensation Act 1923: - The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5
years service or more or on death the rate of 15 days wages for every completed
year of service. The Act is applicable to all establishments employing 10 or more
employees.
Employees P.F. and Miscellaneous Provision Act 1952 (and its amendments): The
Act provides for monthly contributions by the Employer. The benefits payable under
the Act are:
Pension or family pension on retirement or death, as the case may be, Deposit linked
insurance on the death in harness of the worker. Payment of P.F. accumulation on
retirement/death etc.
Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case
the Contractor fails to provide, the same are required to be provided, by the
Principal Employer by Law. The Principal Employer is required to take Certificate of
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Registration and the Contractor is required to take license from the designated
Officer. The Act is applicable to the establishments or Contractor of Principal
Employer, if they employ 20 or more contract labour.
Minimum Wages Act 1948: The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act, if
the employment is a scheduled employment. Construction of Buildings, Roads,
Runways are scheduled employments.
Payment of Wages Act 1936: It lays down as to by what date the wages are to be
paid, when it will be paid and what deductions can be made from the wages of the
workers.
Equal Remuneration Act 1979: The Act provides for payment of equal wages for
work of equal nature to Male and Female workers and for not making discrimination
against Female employees in the matters of transfers, training and promotions etc.
Industrial Disputes Act 1947: The Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations a strike or lock-out becomes
illegal and what are the requirements for laying off or retrenching the employees or
closing down the establishment.
Industrial Employment (Standing Orders) Act 1946: It is applicable to all

establishments employing 100 or more workmen (employment size reduced by
some of the States and Central Government to 50). The Act provides for laying down
rules governing the conditions of employment by the Employer on matters provided
in the Act and get the same certified by the designated Authority.
Trade Unions Act 1926: The Act lays down the procedure for registration of trade
unions of workmen and Employers. The Trade Unions registered under the Act have
been given certain immunities from civil and criminal liabilities.
Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes.
Employment of Child Labour is prohibited in Building and Construction Industry.
Inter-State Migrant workmen’s (Regulation of Employment & Conditions of

Service) Act 1979: The Act is applicable to an establishment which employs 5 or
more inter-state migrant workmen through an intermediary (who has recruited
workmen in one state for employment in the establishment situated in another
state). The Inter-State migrant workmen, in an establishment to which this Act
becomes applicable, are required to be provided certain facilities such as housing,
medical aid, travelling expenses from home upto the establishment and back, etc.
The Building and Other Construction workers (Regulation of Employment and

Conditions of Service) Act 1996 and the Cess Act of 1996: All the establishments
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who carry on any building or other construction work and employs 10 or more
workers are covered under this Act. All such establishments are required to pay cess
at the rate not exceeding 2% of the cost of construction as may be modified by the
Government. The Employer of the establishment is required to provide safety
measures at the Building or construction work and other welfare measures, such as
Canteens, First-Aid facilities, Ambulance, Housing accommodations for workers near
the work place etc. The Employer to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the Government.
Factories Act 1948: The Act lays down the procedure for approval at plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10
persons or more with aid of power or 20 or more persons without the aid of power
engaged in manufacturing process.
22.2 Contractor’s Equipment
22.2.1 All Contractors’ Equipment brought by the Contractor onto the Site shall be deemed
to be intended to be used exclusively for the execution of the Contract. The
Contractor shall not remove the same from the Site without the Engineer-in-charge’s
consent that such Contractor’s Equipment is no longer required for the execution of
the Contract.
22.2.2 Unless otherwise specified in the Contract, upon completion of the Facilities, the
Contractor shall remove from the Site all Equipment brought by the Contractor onto
the Site and any surplus materials remaining thereon.
22.3 Site Regulations and Safety
22.3.1 The Employer and the Contractor shall establish Site regulations setting out the rules
to be observed in the execution of the Contract at the Site and shall comply
therewith. The Contractor shall prepare and submit to the Employer, with a copy to
the Engineer-in-charge, proposed Site regulations for the Employer’s approval, which
approval shall not be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to, rules in respect of
security, safety of the Facilities, gate control, sanitation, medical care and fire
prevention.
22.3.2 Protection of Environment
The contractor shall take all reasonable steps to protect the environment on and off
the Site and to avoid damage or nuisance to persons or to property of the public or
others resulting from pollution, noise or other causes arising as a consequence of his
methods of operation. During continuance of the contract, the contractor and his
sub-contractors shall abide at all times by all existing enactments on environmental
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protection and rules made there under, regulations, notifications and bye-laws of
the State or Central Government or local authorities and any other law, bye-law,
regulations that may be passed or notification that may be issued in this respect in
future by the State or Central Government or the local authority.
Salient features of some of the major laws that are applicable are given below:
The Water (Prevention and Control of Pollution) Act, 1974 (Amended in 1988): This
provides for the prevention and control of water pollution and the maintaining and
restoring of wholesomeness of water. 'Pollution' means such contamination of water
or such alteration of the physical, chemical or biological properties of water or such
discharge of any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water (whether directly or indirectly) as may or is likely to, create a
nuisance or render such water harmful or injurious to public health or safety or to
domestic, commercial, industrial, agricultural or other legitimate uses or to the life
and health of animals or plants or of aquatic organisms.
The Air (Prevention and Control of Pollution) Act, 1981 (Amended in 1987): This
provides for prevention, control and abatement of air pollution. 'Air Pollution' means
the presence in the atmosphere of any 'air pollutant', which means any solid, liquid
or gaseous substance (including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living
creatures or plants or property or environment.
The Environment (Protection) Act, 1986: This provides for the protection and
improvement of environment and for matters connected therewith and the
prevention of hazards to human beings, other living creatures, plants and
property. 'Environment' includes water, air and land and the inter-relationship,
which exists among and between water, air and land and human beings, other
living creatures, plants, microorganism and property.
The Public Liability Insurance Act, 1991: This provides for public liability insurance
for the purpose of providing immediate relief to the persons affected by accident
occurring while handling hazardous substances and for matters connected
herewith or incidental thereto. Hazardous substance means any substance or
preparation which is defined as hazardous substance under the Environment
(Protection) Act 1986, and exceeding such quantity as may be specified by
notification by the Central Government.
22.4 Opportunities for Other Contractors
22.4.1 The Contractor shall, upon written request from the Employer or the Engineer-in-
charge, give all reasonable opportunities for carrying out the work to any other
contractors employed by the Employer on or near the Site.
22.4.2 If the Contractor, upon written request from the Employer or the Engineer-in-
charge, makes available to other contractors any roads or ways the maintenance for
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which the Contractor is responsible, permits the use by such other contractors of the
Contractor’s Equipment or provides any other service of whatsoever nature for such
other contractors, the Employer shall fully compensate the Contractor for any loss or
damage caused or occasioned by such other contractors in respect of any such use
or service and shall pay to the Contractor reasonable remuneration for the use of
such equipment or the provision of such services.
22.4.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent
possible, interference with the work of other contractors. The Engineer-in-charge
shall determine the resolution of any difference or conflict that may arise between
the Contractor and other contractors and the workers of the Employer in regard to
their work.
22.4.4 The Contractor shall notify the Engineer-in-charge promptly of any defects in the
other contractors’ work that come to its notice and that could affect the
Contractor’s work. The Engineer-in-charge shall determine the corrective measures,
if any, required to rectify the situation after inspection of the Facilities. Decisions
made by the Engineer-in-charge shall be binding on the Contractor
22.5 Emergency Work
If, by reason of an emergency arising in connection with and during the execution of
the Contract, any protective or remedial work is necessary as a matter of urgency to
prevent damage to the Facilities, the Contractor shall immediately carry out such
work.
If the Contractor is unable or unwilling to do such work immediately, the Employer

may do or cause such work to be done as the Employer may determine is necessary
in order to prevent damage to the Facilities. In such event the Employer shall, as
soon as practicable after the occurrence of any such emergency, notify the
Contractor in writing of such emergency, the work done and the reasons therefore.
If the work done or caused to be done by the Employer is work that the Contractor
was liable to do at its own expense under the Contract, the reasonable costs
incurred by the Employer in connection therewith shall be paid by the Contractor to
the Employer. Otherwise, the cost of such remedial work shall be borne by the
Employer.
22.6 Site Clearance
22.6.1 Site Clearance in Course of Performance
In the course of carrying out the Contract, the Contractor shall keep the Site
reasonably free from all unnecessary obstruction, store or remove any surplus
materials, clear away any wreckage, rubbish or temporary works from the Site and
remove any Contractor’s Equipment no longer required for execution of the
Contract.
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22.6.2 Clearance of Site after Completion
After Completion of all parts of the Facilities, the Contractor shall clear away and
remove all wreckage, rubbish and debris of any kind from the Site and shall leave
the Site and Facilities clean and safe.
22.7 Watching and Lighting
The Contractor shall provide and maintain at its own expense all lighting, fencing
and watching when and where necessary for the proper execution and the
protection of the Facilities or for the safety of the Employers and occupiers of
adjacent property and for the safety of the public.
22.8 Work at Night and on Holidays
22.8.1 Unless otherwise provided in the Contract, no work shall be carried out during the
night and on public holidays without prior written consent of the Employer, except
where work is necessary or required to ensure safety of the Facilities or for the
protection of life or to prevent loss or damage to property, when the Contractor
shall immediately advise the Engineer-in-charge, provided that provisions of this CC
Sub-Clause 22.8.1 shall not apply to any work which is customarily carried out by
rotary or double-shifts.
22.8.2 Notwithstanding CC Sub-Clauses 22.8.1 or 22.1.3, if and when the Contractor

considers it necessary to carry out work at night or on public holidays so as to meet
the Time for Completion and requests the Employer’s consent thereto, the
Employer shall not unreasonably withhold such consent.
23. Test and Inspection
23.1 The Contractor shall at its own expense carry out at the place of manufacture and/or
on the Site all such tests and/or inspections of the Plant and Equipment and any part
of the Facilities as are specified in the Contract.
23.2 The Employer and the Engineer-in-charge or their designated representatives shall
be entitled to attend the aforesaid test and/or inspection, provided that the
Employer shall bear all costs and expenses incurred in connection with such
attendance including, but not limited to, all traveling and board and lodging
expenses.
23.3 Whenever the Contractor is ready to carry out any such test and/or inspection, the
Contractor shall give a reasonable advance notice of such test and/or inspection and
of the place and time thereof to the Engineer-in-charge. The Contractor shall obtain
from any relevant third party or manufacturer any necessary permission or consent
to enable the Employer and the Engineer-in-charge (or their designated
representatives) to attend the test and/or inspection.
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23.4 The Contractor shall provide the Engineer-in-charge with a certified report of the
results of any such test and/ or inspection.
If the Employer or Engineer-in-charge (or their designated representatives) fails to

attend the test and/ or inspection or if it is agreed between the parties that such
persons shall not do so, then the Contractor may proceed with the test and/or
inspection in the absence of such persons and may provide the Engineer-in-charge
with a certified report of the results thereof.
23.5 The Engineer-in-charge may require the Contractor to carry out any test and/or
inspection not required by the Contract, provided that the Contractor’s reasonable
costs and expenses incurred in the carrying out of such test and/or inspection shall
be added to the Contract Price. Further, if such test and/or inspection impedes the
progress of work on the Facilities and/or the Contractor’s performance of its other
obligations under the Contract, due allowance will be made in respect of the Time
for Completion and the other obligations so affected.
23.6 If any Plant and Equipment or any part of the Facilities fails to pass any test and/or
inspection, the Contractor shall either rectify or replace such Plant and Equipment or
part of the Facilities and shall repeat the test and/or inspection upon giving a notice
under CC Sub-Clause 23.3.
23.7 If any dispute or difference of opinion shall arise between the parties in connection
with or arising out of the test and/or inspection of the Plant and Equipment or part
of the Facilities that cannot be settled between the parties within a reasonable
period of time, it may be referred to an Adjudicator for determination in accordance
with CC Sub-Clause 6.1.
23.8 The Contractor shall afford the Employer and the Engineer-in-charge, at the
Employer’s expense, access at any reasonable time to any place where the Plant and
Equipment are being manufactured or the Facilities are being installed, in order to
inspect the progress and the manner of manufacture or installation, provided that
the Engineer-in-charge shall give the Contractor a reasonable prior notice.
23.9 The Contractor agrees that neither the execution of a test and/or inspection of Plant
and Equipment or any part of the Facilities, nor the attendance by the Employer or
the Engineer-in-charge, nor the issue of any test certificate pursuant to CC Sub-
Clause 23.4, shall release the Contractor from any other responsibilities under the
Contract.
23.10 No part of the Facilities or foundations shall be covered up on the Site without the
Contractor carrying out any test and/ or inspection required under the Contract. The
Contractor shall give a reasonable notice to the Engineer-in-charge whenever any
such part of the Facilities or foundations are ready or about to be ready for test
and/or inspection; such test and/or inspection and notice thereof shall be subject to
the requirements of the Contract.
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23.11 The Contractor shall uncover any part of the Facilities or foundations, or shall make
openings in or through the same as the Engineer-in-charge may from time to time
require at the Site and shall reinstate and make good such part or parts.
If any parts of the Facilities or foundations have been covered up at the Site after
compliance with the requirement of CC Sub-Clause 23.10 and are found to be
executed in accordance with the Contract, the expenses of uncovering, making
openings in or through, reinstating, and making good the same shall be borne by
the Employer and the Time for Completion shall be reasonably adjusted to the
extent that the Contractor has thereby been delayed or impeded in the
performance of any of its obligations under the Contract.
24. Completion of Facilities
24.1 As soon as all works in respect of Pre-commissioning are completed and, in the
opinion of the Contractor, the Facilities or any part thereof is ready for
Commissioning, the Contractor shall commence Commissioning as per procedures
stipulated in Technical Specification and as soon as Commissioning is satisfactorily
completed, the Contractor shall so notify the Engineer-in-charge in writing.
24.2 The Engineer-in-charge shall, within fourteen (14) days after receipt of the
Contractor’s notice under CC Sub-Clause 24.4, either issue a Completion Certificate,
stating that the Facilities or that part thereof have reached Completion as of the
date of the Contractor’s notice under CC Sub-Clause 24.4 or notify the Contractor in
writing of any defects and/or deficiencies.
If the Engineer-in-charge notifies the Contractor of any defects and/or deficiencies,

the Contractor shall then correct such defects and/or deficiencies, and shall repeat
the procedure described in CC Sub-Clause 24.4.
If the Engineer-in-charge is satisfied that the Facilities or that part thereof have
reached Completion, the Engineer-in-charge shall, within seven (7) days after receipt
of the Contractor’s repeated notice, issue a Completion Certificate stating that the
Facilities or that part thereof have reached Completion as of the date of the
Contractor’s repeated notice.
If the Engineer-in-charge is not so satisfied, then it shall notify the Contractor in

writing of any defects and/or deficiencies within seven (7) days after receipt of the
Contractor’s repeated notice and the above procedure shall be repeated.
24.3 If the Engineer-in-charge fails to issue the Completion Certificate and fails to inform
the Contractor of any defects and/or deficiencies within fourteen (14) days after
receipt of the Contractor’s notice under CC Sub-Clause 24.4 or within seven (7) days
after receipt of the Contractor’s repeated notice under CC Sub-Clause 24.5 or if the
Employer makes use of the Facilities or part thereof, then the Facilities or that part
thereof shall be deemed to have reached Completion as of the date of the
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Contractor’s notice or repeated notice, or as of the Employer’s use of the Facilities,

as the case may be.
24.4 As soon as possible after Completion, the Contractor shall complete all outstanding
minor items so that the Facilities are fully in accordance with the requirements of
the Contract, failing which the Employer will undertake such completion and deduct
the costs thereof from any monies owing to the Contractor.
25. Commissioning and Operational Acceptance
25.1 Commissioning
25.1.1 Commissioning of the Facilities or any part thereof shall be completed by the
Contractor as per procedures detailed in Technical Specifications.
25.2 Guarantee Test
25.2.1 The Guarantee Test (and repeats thereof) shall be conducted by the Contractor after
Commissioning of the Facilities or the relevant part thereof to ascertain whether the
Facilities or the relevant part can attain the Functional Guarantees specified in the
Appendix – 8 (Functional Guarantees). The Contractor’s and Engineer-in-charge’s
advisory personnel shall attend the Guarantee Test. The Employer shall promptly
provide the Contractor with such information as the Contractor may reasonably
require in relation to the conduct and results of the Guarantee Test (and any repeats
thereof).
25.2.2 If for reasons not attributable to the Contractor, the Guarantee Test of the Facilities
or the relevant part thereof cannot be successfully completed within the period
from the date of Completion specified in Article 4 to the contract or any other
period agreed upon by the Employer and the Contractor, the Contractor shall be
deemed to have fulfilled its obligations with respect to the Functional Guarantees,
and CC Sub-Clauses 28.2 and 28.3 shall not apply.
The Guarantee test of the facilities shall be successfully completed within 21

(Twenty One) Days.
25.3 Operational Acceptance
25.3.1 Subject to CC Sub-Clause 25.4 below, Operational Acceptance shall occur in respect
of the Facilities or any part thereof when the Guarantee Test has been successfully
completed and the Functional Guarantees are met;
or the Guarantee Test has not been successfully completed or has not been carried
out for reasons not attributable to the Contractor within the period from the date of
Completion specified in Article 4 to the contract or any other agreed upon period as
specified in CC Sub-Clause 25.2.2 above but successful completion of the facilities
has been achieved;
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or the Contractor has paid the liquidated damages specified in CC Sub-Clause 28.3
hereof and any minor items mentioned in CC Sub-Clause 24.7 hereof relevant to the
Facilities or that part thereof have been completed.
25.3.2 At any time after any of the events set out in CC Sub-Clause 25.3.1 have occurred,
the Contractor may give a notice to the Engineer-in-charge requesting the issue of an
Operational Acceptance Certificate in the form provided in the Bidding Documents
or in another form acceptable to the Employer in respect of the Facilities or the part
thereof specified in such notice as of the date of such notice.
25.3.3 The Engineer-in-charge shall, after consultation with the Employer and within seven
(7) days after receipt of the Contractor’s notice, issue an Operational Acceptance
Certificate and handed over the facilities to the contractor for operation and
maintenance.
25.3.4 If within seven (7) days after receipt of the Contractor’s notice, the Engineer-in-
charge fails to issue the Operational Acceptance Certificate or fails to inform the
Contractor in writing of the justifiable reasons why the Engineer-in-charge has not
issued the Operational Acceptance Certificate, the Facilities or the relevant part
thereof shall be deemed to have been accepted as of the date of the Contractor’s
said notice.
25.4 Partial Acceptance
25.4.1 If the Contract specifies that Completion and Commissioning shall be carried out in
respect of parts of the Facilities, the provisions relating to Completion and
Commissioning including the Guarantee Test shall apply to each such part of the
Facilities individually and the Operational Acceptance Certificate shall be issued
accordingly for each such part of the Facilities.
25.4.2 If a part of the Facilities comprises facilities such as buildings, for which no
Commissioning or Guarantee Test is required, then the Engineer-in-charge shall
issue the Operational Acceptance Certificate for such facility when it attains
Completion, provided that the Contractor shall thereafter complete any outstanding
minor items that are listed in the Operational Acceptance Certificate
F. Guarantees and Liabilities
26. Completion Time Guarantee
26.1 The Contractor guarantees that it shall attain Completion of the Facilities within the
Time for Completion specified in Article 4 to contract agreement pursuant to CC Sub-
Clause 8.2 or within such extended time to which the Contractor shall be entitled
under CC Clause 40 hereof.
26.2 If the Contractor fails to attain Completion of the Facilities or any part thereof within
the Time for Completion or any extension thereof under CC Clause 40, the
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Contractor shall pay to the Employer liquidated damages as one-half percent (0.5%)
of Contract Price per week and the maximum shall not exceed ten percent (10%) of
the Contract price. Once the “Maximum” is reached, the Employer may consider
termination of the Contract, pursuant to CC Sub-Clause 42.2.2.
Such payment shall completely satisfy the Contractor’s obligation to attain

Completion of the Facilities or the relevant part thereof within the Time for
Completion or any extension thereof under CC Clause 40. The Contractor shall have
no further liability whatsoever to the Employer in respect thereof.
However, the payment of liquidated damages shall not in any way relieve the
Contractor from any of its obligations to complete the Facilities or from any other
obligations and liabilities of the Contractor under the Contract.
Save for liquidated damages payable under this CC Sub-Clause 26.2, the failure by
the Contractor to attain any milestone or other act, matter or thing by any date
specified in the corresponding Appendix -4 (Time Schedule) to the Contract
Agreement and/or other program of work prepared pursuant to CC Sub-Clause 18.2
shall not render the Contractor liable for any loss or damage thereby suffered by
the Employer.
27. Defect Liability and O&M
27.1 The Contractor warrants that the Facilities or any part thereof shall be free from
defects in the design, engineering, materials and workmanship of the Plant and
Equipment supplied and of the work executed.
27.2 The Defect Liability Period shall be Twenty Four (24) months from the date of
Completion of the Facilities (or any part thereof) and shall be carried out during the
first two (2) years of Operation and Maintenance period of Five (5) Years.
If during the Defect Liability Period any defect found in the design, engineering,
materials and workmanship of the Plant and Equipment supplied or of the work
executed by the Contractor, the Contractor shall promptly, in consultation and
agreement with the Employer regarding appropriate remedying of the defects, and
at its cost, repair, replace or otherwise make good (as the Contractor shall, at its
discretion, determine) such defect as well as any damage to the Facilities caused by
such defect. The Contractor shall be responsible for the repair, replacement or
making good of any defect or of any damage to the Facilities arising out of or
resulting from any of the following causes improper operation & maintenance of the
Facilities and operation of the Facilities outside specifications provided in the
Contract normal wear and tear by the contractor during the operation and
maintenance of first two (2) years.
27.3 The Employer shall give the Contractor a notice stating the nature of any such defect
together with all available evidence thereof, promptly following the discovery
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thereof. The Employer shall afford all reasonable opportunity for the Contractor to
inspect any such defect.
27.4 The Employer shall afford the Contractor all necessary access to the Facilities and the
Site to enable the Contractor to perform its obligations under this CC Clause 27.The
Contractor may, with the consent of the Employer, remove from the Site any Plant
and Equipment or any part of the Facilities that are defective if the nature of the
defect, and/or any damage to the Facilities caused by the defect, is such that repairs
cannot be expeditiously carried out at the Site.
27.5 If the repair, replacement or making good is of such a character that it may affect the
efficiency of the Facilities or any part thereof, the Employer may give to the
Contractor a notice requiring that tests of the defective part of the Facilities shall be
made by the Contractor immediately upon completion of such remedial work,
whereupon the Contractor shall carry out such tests.
If such part fails the tests, the Contractor shall carry out further repair, replacement
or making good (as the case may be) until that part of the Facilities passes such tests.
The tests in character shall in any case be not less than what has already been
agreed by the Employer and the Contractor for the original equipment/part of the
Facilities.
27.6 If the Contractor fails to commence the work necessary to remedy such defect or
any damage to the Facilities caused by such defect within a reasonable time (which
shall in no event be considered to be less than fifteen (15) days), the Employer may,
following notice to the Contractor, proceed to do such work, and the reasonable
costs incurred by the Employer in connection therewith shall be paid to the
Employer by the Contractor or may be deducted by the Employer from any monies
due the Contractor or claimed under the Performance Security.
27.7 If the Facilities or any part thereof cannot be used by reason of such defect and/or
making good of such defect, the Defect Liability Period of the Facilities or such part,
as the case may be, shall be extended by a period equal to the period during which
the Facilities or such part cannot be used by the Employer because of any of the
aforesaid reasons.
Upon correction of the defects in the Facilities or any part thereof by

repair/replacement, such repair/replacement shall have the Defect Liability Period
extended by a period of twelve (12) months from the time such replacement/repair
of the facilities or any part thereof.
27.8 At the end of the Defect Liability Period, the Contractor’s liability ceases except for
latent defects. The Contractor’s liability for latent defects warranty shall be limited
to period of five (5) years from the end of Defect Liability Period. For the purpose of
this clause, the latent defects shall be the defects inherently lying within the material
or arising out of design deficiency, which do not manifest themselves during the
Defect Liability Period defined in this CC Clause 27, but later.
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27.9 Except as provided in CC Clauses 27 and 33, the Contractor shall be under no liability
whatsoever and howsoever arising, and whether under the Contract or at law, in
respect of defects in the Facilities or any part thereof, the Plant and Equipment,
design or engineering or work executed that appear after operational acceptance or
any part thereof, except where such defects are the result of the gross negligence,
fraud, criminal or willful action of the Contractor.
28. Functional Guarantees
28.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts
thereof shall attain the Functional Guarantees specified in the Appendix - 8
(Functional Guarantees) to the Contract Agreement, subject to and upon the
conditions therein specified.
28.2 If, for reasons attributable to the Contractor, the minimum level of the Functional
Guarantees specified in the Appendix - 8 (Functional Guarantees) to the Contract
Agreement are not met either in whole or in part, the Contractor shall at its cost
and expense make such changes, modifications and/or additions to the Plant or any
part thereof as may be necessary to meet at least the minimum level of such
Guarantees. The Contractor shall notify the Employer upon completion of the
necessary changes, modifications and/or additions, and shall request the Employer
to repeat the Guarantee Test until the minimum level of the Guarantees has been
met. If the Contractor eventually fails to meet the minimum level of Functional
Guarantees, the Employer may consider termination of the Contract, pursuant to CC
Sub-Clause 42.2.2 and recover the payments already made to the contractor.
28.3 If, for reasons attributable to the Contractor, the Functional Guarantees specified in
the Appendix - 8 (Functional Guarantees) to the Contract Agreement are not
attained either in whole or in part, but the minimum level of the Functional
Guarantees specified in the said Appendix to the Contract Agreement is met, the
Contractor shall, at the Contractor’s option, either make such changes, modifications
and/or additions to the Facilities or any part thereof that are necessary to attain the
Functional Guarantees at its cost and expense within a mutually agreed time and
shall request the Employer to repeat the Guarantee Test or pay liquidated damages
to the Employer in respect of the failure to meet the Functional Guarantees in
accordance with the provisions in the Appendix - 8 (Functional Guarantees) to the
Contract Agreement
28.4 In case the owner exercises its option to accept the equipment after levy of
liquidated damages, the payment of liquidated damages under CC Sub-Clause 28.3,
up to the limitation of liability specified in Appendix - 8 (Functional Guarantees) to
the contract Agreement, shall completely satisfy the Contractor’s guarantees under
CC Sub-Clause 28.3, and the Contractor shall have no further liability whatsoever to
the Employer in respect thereof. Upon the payment of such liquidated damages by
the Contractor, the Engineer-in-charge shall issue the Operational Acceptance
Certificate for the Facilities or any part thereof in respect of which the liquidated
damages have been so paid.
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29. Patent Indemnity
29.1 The Contractor shall, subject to the Employer’s compliance with CC Sub-Clause 29.2,
indemnify and hold harmless the Employer and its employees and officers from and
against any and all suits, actions or administrative proceedings, claims, demands,
losses, damages, costs, and expenses of whatsoever nature, including attorney’s fees
and expenses, which the Employer may suffer as a result of any infringement or
alleged infringement of any patent, utility model, registered design, trademark,
copyright or other intellectual property right registered or otherwise existing at the
date of the Contract by reason of: (a) the installation of the Facilities by the
Contractor or the use of the Facilities in the country where the Site is located; and
(b) the sale of the products produced by the Facilities in any country.
Such indemnity shall not cover any use of the Facilities or any part thereof other
than for the purpose indicated by or to be reasonably inferred from the Contract,
any infringement resulting from the use of the Facilities or any part thereof, or any
products produced thereby in association or combination with any other
equipment, plant or materials not supplied by the Contractor, pursuant to the
Contract Agreement
29.2 If any proceedings are brought or any claim is made against the Employer arising out
of the matters referred to in CC Sub-Clause 29.1, the Employer shall promptly give
the Contractor a notice thereof, and the Contractor may at its own expense and in
the Employer’s name conduct such proceedings or claim and any negotiations for
the settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within twenty-eight (28) days after
receipt of such notice that it intends to conduct any such proceedings or claim, then
the Employer shall be free to conduct the same on its own behalf. Unless the
Contractor has so failed to notify the Employer within the twenty-eight (28) day
period, the Employer shall make no admission that may be prejudicial to the defense
of any such proceedings or claim.
The Employer shall, at the Contractor’s request, afford all available assistance to the
Contractor in conducting such proceedings or claim and shall be reimbursed by the
Contractor for all reasonable expenses incurred in so doing.
29.3 The Employer shall indemnify and hold harmless the Contractor and its employees,
officers and Subcontractors from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs, and expenses
of whatsoever nature, including attorney’s fees and expenses, which the Contractor
may suffer as a result of any infringement or alleged infringement of any patent,
utility model, registered design, trademark, copyright or other intellectual property
right registered or otherwise existing at the date of the Contract arising out of or in
connection with any design, data, drawing, specification, or other documents or
materials provided or designed by or on behalf of the Employer.
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30. Limitation of Liability
30.1 Except in cases of criminal negligence or willful misconduct, the Contractor shall not
be liable to the Employer, whether in contract, tort or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of production or loss of profits or
interest costs, provided that this exclusion shall not apply to any obligation of the
Contractor to pay liquidated damages to the Employer and the aggregate liability of
the Contractor to the Employer, whether under the Contract, in tort or otherwise,
shall not exceed the total Contract Price, provided that this limitation shall not apply
to the cost of repairing or replacing defective equipment or to any obligation of the
Contractor to indemnify the Employer with respect to patent infringement.
G. Risk Distribution
31. Transfer of Employership
31.1 Employership of the Plant and Equipment (including spare parts) procured in the
country where the Site is located shall be transferred to the Employer when the
Plant and Equipment are brought on to the Site.
31.2 Employership of the Contractor’s Equipment used by the Contractor and its
Subcontractors in connection with the Contract shall remain with the Contractor or
its Subcontractors.
31.3 Employership of any Plant and Equipment in excess of the requirements for the
Facilities shall revert to the Contractor upon Completion of the Facilities or at such
earlier time when the Employer and the Contractor agree that the Plant and
Equipment in question are no longer required for the Facilities provided quantity of
any Plant and equipment specifically stipulated in the contract shall be the property
of the employer whether or not incorporated in the facilities.
31.4 Notwithstanding the transfer of Employership of the Plant and Equipment, the
responsibility for care and custody thereof together with the risk of loss or damage
thereto shall remain with the Contractor pursuant to CC Clause 32 (Care of
Facilities) hereof until Completion of the Facilities or the part thereof in which such
Plant and Equipment are incorporated
32. Care of Facilities
32.1 The Contractor shall be responsible for the care and custody of the Facilities or any
part thereof until the date of Completion of the Facilities pursuant to CC Clause 24
or where the Contract provides for Completion of the Facilities in parts, until the
date of Completion of the relevant part and shall make good at its own cost any loss
or damage that may occur to the Facilities or the relevant part thereof from any
cause whatsoever during such period. The Contractor shall also be responsible for
any loss or damage to the Facilities caused by the Contractor or its Subcontractors
in the course of any work carried out, pursuant to CC Clause 27. Notwithstanding
the foregoing, the Contractor shall not be liable for any loss or damage to the
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Facilities or that part thereof caused by reason of any of the matters specified or
referred to in paragraphs (a) and (b) of CC Sub-Clauses 32.2 and 38.1.
32.2 If any loss or damage occurs to the Facilities or any part thereof or to the
Contractor’s temporary facilities by reason of
a) any use of or reliance upon any design, data or specification provided or
designated by or on behalf of the Employer or any such matter for which the
Contractor has disclaimed responsibility herein,
b) the Employer shall pay to the Contractor all sums payable in respect of the
Facilities executed, notwithstanding that the same be lost, destroyed or
damaged and will pay to the Contractor the replacement value of all temporary
facilities and all parts thereof lost, destroyed or damaged. If the Employer
requests the Contractor in writing to make good any loss or damage to the
Facilities thereby occasioned, the Contractor shall make good the same at the
cost of the Employer in accordance with CC Clause 39. If the Employer does not
request the Contractor in writing to make good any loss or damage to the
Facilities thereby occasioned, the Employer shall either request a change in
accordance with CC Clause 39, excluding the performance of that part of the
Facilities thereby lost, destroyed or damaged or where the loss or damage affects
a substantial part of the Facilities, the Employer shall terminate the Contract
pursuant to CC Sub-Clause 42.1 hereof.
32.3 The Contractor shall be liable for any loss of or damage to any Contractor’s
Equipment or any other property of the Contractor used or intended to be used for
purposes of the Facilities, except (i) as mentioned in CC Sub-Clause 32.2 (with
respect to the Contractor’s temporary facilities) and (ii) where such loss or damage
arises by reason of any of the matters specified in CC Sub-Clauses 32.2 (a) and (b)
and 38.1.
32.4 With respect to any loss or damage caused to the Facilities or any part thereof or to
the Contractor’s Equipment by reason of any of the matters specified in CC Sub-
Clause 38.1, the provisions of CC Sub-Clause 38.3 shall apply
33. Loss of or damage to property, Accident or injury to workers and Indemnification
33.1 Subject to CC Sub-Clause 33.3, the Contractor shall indemnify and hold harmless the
Employer and its employees and officers from and against any and all suits, actions
or administrative proceedings, claims, demands, losses, damages, costs and
expenses of whatsoever nature, including attorney’s fees and expenses, in respect
of the death or injury of any person or loss of or damage to any property (other
than the Facilities whether accepted or not), arising in connection with the supply
and installation of the Facilities and by reason of the negligence of the Contractor or
its Subcontractors or their employees, officers or agents, except any injury, death or
property damage caused by the negligence of the Employer, its contractors,
employees, officers or agents.
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33.2 If any proceedings are brought or any claim is made against the Employer that
might subject the Contractor to liability under CC Sub-Clause 33.1, the Employer
shall promptly give the Contractor a notice thereof and the Contractor may at its
own expense and in the Employer’s name conduct such proceedings or claim and
any negotiations for the settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within twenty-eight (28) days after
receipt of such notice that it intends to conduct any such proceedings or claim, then
the Employer shall be free to conduct the same on its own behalf. Unless the
Contractor has so failed to notify the Employer within the twenty-eight (28) day
period, the Employer shall make no admission that may be prejudicial to the
defense of any such proceedings or claim.
The Employer shall, at the Contractor’s request, afford all available assistance to the
Contractor in conducting such proceedings or claim and shall be reimbursed by the
Contractor for all reasonable expenses incurred in so doing.
33.3 The Employer shall indemnify and hold harmless the Contractor and its employees,
officers and Subcontractors from any liability for loss of or damage to property of
the Employer, other than the Facilities not yet taken over, that is caused by fire,
explosion or any other perils, in excess of the amount recoverable from insurances
procured under CC Clause 34, provided that such fire, explosion or other perils were
not caused by any act or failure of the Contractor.
33.4 The party entitled to the benefit of an indemnity under this CC Clause 33 shall take
all reasonable measures to mitigate any loss or damage, which has occurred. If the
party fails to take such measures, the other party’s liabilities shall be
correspondingly reduced.
34. Insurance
34.1 To the extent specified in the Appendix - 3 (Insurance Requirements) to the

Contract Agreement, the Contractor shall at its expense take out and maintain in
effect or cause to be taken out and maintained in effect, during the performance of
the Contract, the insurances set forth in the said Appendix. The identity of the
insurers and the form of the policies shall be subject to the approval of the
Employer, who should not unreasonably withhold such approval.
34.2 The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to CC Sub-Clause 34.1, except for the Third Party Liability,
Workers’ Compensation and Employer’s Liability Insurances and the Contractor’s
Subcontractors shall be named as co-insured under all insurance policies taken out
by the Contractor pursuant to CC Sub-Clause 34.1 except for the Insurance During
Transport, Workers’ Compensation and Employer’s Liability Insurances. All insurer’s
rights of subrogation against such co-insured for losses or claims arising out of the
performance of the Contract shall be waived under such policies
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34.3 The Contractor shall, in accordance with the provisions of the corresponding
Appendix -3 (Insurance Requirements) to the Contract Agreement, deliver to the
Employer certificates of insurance (or copies of the insurance policies) as evidence
that the required policies are in full force and effect. The certificates shall provide
that no less than twenty-one (21) days’ notice shall be given to the Employer by
insurers prior to cancellation or material modification of a policy.
34.4 The Contractor shall ensure that, where applicable, its Subcontractor(s) shall take
out and maintain in effect adequate insurance policies for their personnel and
vehicles and for work executed by them under the Contract, unless such
Subcontractors are covered by the policies taken out by the Contractor.
34.5 The Employer shall at its expense take out and maintain in effect during the
performance of the Contract those insurances specified in the Appendix - 3
(Insurance Requirements) to the Contract Agreement, in the sums and with the
deductibles and other conditions specified in the said Appendix. The Contractor and
the Contractor’s Subcontractors shall be named as co-insures under all such policies.
All insurers’ rights of subrogation against such co-insures for losses or claims arising
out of the performance of the Contract shall be waived under such policies. The
Employer shall deliver to the Contractor satisfactory evidence that the required
insurances are in full force and effect. The policies shall provide that not less than
twenty-one (21) days’ notice shall be given to the Contractor by all insurers prior to
any cancellation or material modification of the policies. If so requested by the
Contractor, the Employer shall provide copies of the policies taken out by the
Employer under this CC Sub-Clause 34.5
34.6 If the Contractor fails to take out and/or maintain in effect the insurances referred to
in CC Sub-Clause 34.1, the Employer may take out and maintain in effect any such
insurances and may from time to time deduct from any amount due the Contractor
under the Contract any premium that the Employer shall have paid to the insurer or
may otherwise recover such amount as a debt due from the Contractor. If the
Employer fails to take out and/or maintain in effect the insurances referred to in
CC 34.5, the Contractor may take out and maintain in effect any such insurances and
may from time to time deduct from any amount due the Employer under the
Contract any premium that the Contractor shall have paid to the insurer or may
otherwise recover such amount as a debt due from the Employer. If the Contractor
fails to or is unable to take out and maintain in effect any such insurances, the
Contractor shall nevertheless have no liability or responsibility towards the Employer
and the Contractor shall have full recourse against the Employer for any and all
liabilities of the Employer herein
34.7 Unless otherwise provided in the Contract, the Contractor shall prepare and conduct
all and any claims made under the policies effected by it pursuant to this CC Clause
34, and the monies payable by any insurers shall be paid to the Contractor as per
the procedure for appropriation and disbursement of insurance proceeds in
accordance with the terms and conditions as laid down in the insurance policy. The
Employer shall give to the Contractor all such reasonable assistance as may be
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required by the Contractor. With respect to insurance claims in which the

Employer’s interest is involved, the Contractor shall not give any release or make
any compromise with the insurer without the prior written consent of the Employer.
With respect to insurance claims in which the Contractor’s interest is involved, the
Employer shall not give any release or make any compromise with the insurer
without the prior written consent of the Contractor.
35. Unforeseen Conditions
35.1 If, during the execution of the Contract, the Contractor shall encounter on the Site
any physical conditions (other than climatic conditions) or artificial obstructions that
could not have been reasonably foreseen prior to the date of the Contract
Agreement by an experienced contractor on the basis of reasonable examination of
the data relating to the Facilities (including any data as to boring tests) provided by
the Employer and on the basis of information that it could have obtained from a
visual inspection of the Site (if access thereto was available) or other data readily
available to it relating to the Facilities and if the Contractor determines that it will in
consequence of such conditions or obstructions incur additional cost and expense or
require additional time to perform its obligations under the Contract that would not
have been required if such physical conditions or artificial obstructions had not been
encountered, the Contractor shall promptly and before performing additional work
or using additional Plant and Equipment or Contractor’s Equipment, notify the
Engineer-in-charge in writing of:
a) the physical conditions or artificial obstructions on the Site that could not have
been reasonably foreseen
b) the additional work and/or Plant and Equipment and/or Contractor’s Equipment
required, including the steps which the Contractor will or proposes to take to
overcome such conditions or obstructions
c) the extent of the anticipated delay
d) the additional cost and expense that the Contractor is likely to incur.
On receiving any notice from the Contractor under this CC Sub-Clause 35.1, the
Engineer-in-charge shall promptly consult with the Employer and Contractor and
decide upon the actions to be taken to overcome the physical conditions or artificial
obstructions encountered. Following such consultations, the Engineer-in-charge
shall instruct the Contractor, with a copy to the Employer, of the actions to be
taken.
35.2 Any reasonable additional cost and expense incurred by the Contractor in following
the instructions from the Engineer-in-charge to overcome such physical conditions
or artificial obstructions referred to in CC Sub-Clause 35.1 shall be paid by the
Employer to the Contractor as an addition to the Contract Price.
35.3 If the Contractor is delayed or impeded in the performance of the Contract because
of any such physical conditions or artificial obstructions referred to in CC Sub-Clause
35.1, the Time for Completion shall be extended in accordance with CC Clause 40.
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36. Change in Laws and Regulations

36.1 If, after the date twenty-eight (28) days prior to the date of Bid submission, in the
country where the Site is located, any law, regulation, ordinance, order or by-law
having the force of law is enacted, promulgated, abrogated or changed (which shall
be deemed to include any change in interpretation or application by the competent
authorities) that subsequently affects the costs and expenses of the Contractor
and/or the Time for Completion, the Contract Price shall not be correspondingly
increased or decreased, and/or the Time for Completion shall not be reasonably
adjusted to the extent that the Contractor has thereby been affected in the
performance of any of its obligations under the Contract. However, these
adjustments would be restricted to direct transactions between the Employer and
the Contractor and not on procurement of raw materials, intermediary components
etc. by the Contractor. Further, no adjustment of the Contract price shall be made
on account of variation in deemed export benefits.
37. Force Majeure
37.1 “Force Majeure” shall mean any event beyond the reasonable control of the
Employer or of the Contractor, as the case may be, and which is unavoidable
notwithstanding the reasonable care of the party affected.
37.2 If either party is prevented, hindered or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure, then it shall notify the
other in writing of the occurrence of such event and the circumstances thereof
within fourteen (14) days after the occurrence of such event.
37.3 The party who has given such notice shall be excused from the performance or
punctual performance of its obligations under the Contract for so long as the
relevant event of Force Majeure continues and to the extent that such party’s
performance is prevented, hindered or delayed. The Time for Completion shall be
extended in accordance with CC Clause 40.
37.4 The party or parties affected by the event of Force Majeure shall use reasonable
efforts to mitigate the effect thereof upon its or their performance of the Contract
and to fulfill its or their obligations under the Contract, but without prejudice to
either party’s right to terminate the Contract under CC Sub-Clauses 37.6 and 38.5
37.5 No delay or non performance by either party hereto caused by the occurrence of
any event of Force Majeure shall:
a. constitute a default or breach of the Contract

b. (subject to CC Sub-Clauses 32.2, 38.3 and 38.4) give rise to any claim for
damages or additional cost or expense occasioned thereby
if and to the extent that such delay or nonperformance is caused by the occurrence
of an event of Force Majeure.
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37.6 If the performance of the Contract is substantially prevented, hindered or delayed

for a single period of more than sixty (60) days or an aggregate period of more than
one hundred and twenty (120) days on account of one or more events of Force
Majeure during the currency of the Contract, the parties will attempt to develop a
mutually satisfactory solution, failing which dispute will be resolved in accordance
with CC Clause 6.
37.7 Notwithstanding CC Sub-Clause 37.5, Force Majeure shall not apply to any
obligation of the Employer to make payments to the Contractor herein.
38. War Risks
38.1 “War Risks” shall mean any event specified in paragraphs (a) and (b) of CC Sub-
Clause 37.1 and any explosion or impact of any mine, bomb, shell, grenade or other
projectile, missile, munitions or explosive of war, occurring or existing in or near the
state (or states) where the Site is located
38.2 Notwithstanding anything contained in the Contract, the Contractor shall have no
liability whatsoever for or with respect to:
a. destruction of or damage to Facilities, Plant and Equipment or any part thereof

b. destruction of or damage to property of the Employer or any third party
c. injury or loss of life
if such destruction, damage, injury or loss of life is caused by any War Risks and the
Employer shall indemnify and hold the Contractor harmless from and against any
and all claims, liabilities, actions, lawsuits, damages, costs, charges or expenses
arising in consequence of or in connection with the same.
38.3 If the Facilities or any Plant and Equipment or Contractor’s Equipment or any other
property of the Contractor used or intended to be used for the purposes of the
Facilities shall sustain destruction or damage by reason of any War Risks, the
Employer shall pay the Contractor for:
a. any part of the Facilities or the Plant and Equipment so destroyed or damaged
(to the extent not already paid for by the Employer)
b. replacing or making good any Contractor’s Equipment or other property of the
Contractor so destroyed or damaged
c. replacing or making good any such destruction or damage to the Facilities or the
Plant and
d. Equipment or any part thereof
So far as may be required by the Employer and as may be necessary for completion
of the Facilities. If the Employer does not require the Contractor to replace or make
good any such destruction or damage to the Facilities, the Employer shall either
request a change in accordance with CC Clause 39, excluding the performance of
that part of the Facilities thereby destroyed or damaged or, where the loss,
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destruction or damage affects a substantial part of the Facilities, shall terminate the
Contract, pursuant to CC Sub-Clause 42.1
38.4 Notwithstanding anything contained in the Contract, the Employer shall pay the
Contractor for any increased costs or incidentals to the execution of the Contract
that are in any way attributable to, consequent on, resulting from, or in any way
connected with any War Risks, provided that the Contractor shall as soon as
practicable notify the Employer in writing of any such increased cost.
38.5 If during the performance of the Contract any War Risks shall occur that financially
or otherwise materially affect the execution of the Contract by the Contractor, the
Contractor shall use its reasonable efforts to execute the Contract with due and
proper consideration given to the safety of its and its Subcontractors’ personnel
engaged in the work on the Facilities, provided, however, that if the execution of
the work on the Facilities becomes impossible or is substantially prevented for a
single period of more than sixty (60) days or an aggregate period of more than one
hundred and twenty (120) days on account of any War Risks, the parties will
attempt to develop a mutually satisfactory solution failing which the dispute will be
resolved in accordance with CC Clause 6.
38.6 In the event of termination pursuant to CC Sub-Clauses 38.3, the rights and
obligations of the Employer and the Contractor shall be specified in CC Sub-Clauses
42.1.2 and 42.1.3
H. Change in Contract Elements
39. Price Variation
The amounts payable to the Contractor shall be adjusted for rise or fall in the cost
of labour, goods and other inputs to the Works, by the addition or deduction of the
amounts determined by the formulae prescribed in this section.
However, this clause is applicable only if the construction period exceeds 30

months and time extension is granted by the Employer. No price adjustment will
be done during the 30 months contractual period.
To the extent that full compensation for any rise or fall in Costs is not covered by
the provisions of this or other Clauses, the Accepted Contract Amount shall be
deemed to have included amounts to cover the contingency of other rises and falls
in costs.
However, if the Contractor fails to complete whole of the Works within the time for
Completion, adjustment of prices thereafter until the date of completion of the
Works shall be made using either
i. The indices or prices applicable on the date 49 days prior to the expiry of the Time
for Completion, or
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ii. The current indices or prices; whichever is more favourable to the Employer.
The adjustment to the Interim Payment Certificates in respect of changes in cost

shall be determined from the following formulae. The Price Adjustment formula for
the various items of the work shall be construed as stipulated hereinafter. The
formula designed for governing and calculating the Price Adjustment to be applied
shall be as follows:
A. For Civil Works (Including architectural works)
L1 S1 C1 F1 E1
P1  P0  (a  b c d e f )  P0
L0 S0 C0 F0 E0
in which:
P1 = adjustment amount payable to the Contractor
P0 = Contract price (base price)
a = percentage of fixed element in Contract price (a = 20 %)
b = percentage of labor component in Contract price (b = 20 %)
c = percentage of Iron and Steel in Contract price (c = 20 %)
d = percentage of Cement in Contract price (d = 10 %)
e = percentage of Diesel in Contract price (e = 20 %)
f = percentage of Machinery & Tools in Contract price (f = 10 %)
L0, L1 = labor indices applicable to the appropriate industry in India on the base
date and the date for adjustment, respectively
S0, S1= base indices for Iron and Steel in India on the base date and the date for
adjustment, respectively
C0, C1= base indices for Cement in India on the base date and the date for
adjustment, respectively
F0, F1= base indices for diesel in India on the base date and the date for adjustment,
respectively
E0, E1= base indices for Machinery and Tools in India on the base date and the date
for adjustment, respectively
N.B. a+b+c+d+e+f= 100%.
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B. For Electrical & Mechanical Works
a) Electrical
Fe1 Cu1 Al1 L1
P1  P0  (a  b c d  e )  P0
Fe 0 Cu 0 Al 0 L0
b = percentage of Ferrous component in Contract price (b = 35 %)
c = percentage of Copper and Steel in Contract price (c = 15 %)
d = percentage of Aluminum in Contract price (d = 10 %)
e = percentage of Labor in Contract price (e = 35 %)
N.B. a+b+c+d+e= 100%.
b) Mechanical
Fe1 Cu1 Al1 L1
P1  P0  (a  b c d  e )  P0
Fe 0 Cu 0 Al 0 L0
b = percentage of Ferrous component in Contract price (b = 60 %)
c = percentage of Copper and Steel in Contract price (c = 35 %)
N.B. a+b+c= 100%.
Where:
Fe = Whole sale price index of 'Ferrous Metals' (Base: 2003-04 = 100) as published by
Govt. of India.
Cu =Price of Electrolytic copper wire, bars, published by Govt. of India.
A1 = Price of bus bar grade equivalent to E-91 E as per IS: 5082-1981, published by
Govt. of India.
L =Average consumer price Index number for Industrial workers as published by
Govt. of India.
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c) The price variation formula for the Generator Transformer, Auxiliary transformers
and bus ducts shall be governed by the Price Variation formula from competent
authority without any ceiling.
The subscript '1' corresponds to the date of dispatch, while subscript '0' corresponds
to the date 30 days prior to bid submission date.
Notes:
1. Price Variation formula shall also be applicable on the spares.
2. The Price variation formula shall be also admissible to the contractor in case of
delays due to Force Majeure or any time extension granted under Extension of Time
apart from cost compensation. Please note that the cost compensation provisions do
not include the impact of price variations and therefore, this provision shall remain.
The Bidder shall indicate the source of labor and materials indices and the base date
indices in its bid.
Item Source of Indices Used Base Date Indices
The base date shall be the date thirty (30) days prior to the Bid closing date.
The date of adjustment shall be the mid-point of the period of manufacture or
installation of component or Plant.
The following conditions shall apply:
(a) No price increase will be allowed beyond the original delivery date unless covered by
an extension of time awarded by the Employer under the terms of the Contract. No
price increase will be allowed for periods of delay for which the Contractor is
responsible. The Employer will, however, be entitled to any price decrease occurring
during such periods of delay.
(b) No price adjustment shall be payable on the portion of the Contract price paid to the
Contractor as an advance payment and design services.
40. Extension of Time for Completion
40.1 The Time(s) for Completion specified in Article 4 of the Contract Agreement shall be
extended if the Contractor is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:
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a. any occurrence of Force Majeure as provided in CC Clause 37, unforeseen

conditions as provided in CC Clause 35 or other occurrence of any of the
matters specified or referred to in paragraphs (a) &(b) of CC Sub-Clause
32.2
b. any suspension order given by the Employer under CC Clause 41 hereof or
reduction in the rate of progress pursuant to CC Sub-Clause 41.2 or
c. any changes in laws and regulations as provided in CC Clause 36 or
d. any default or breach of the Contract by the Employer, specifically including
failure to supply the items listed in the corresponding Appendix (Scope of
Works and Supply by the Employer) to the Contract Agreement or any
activity, act or omission of any other contractors employed by the Employer
or
e. any other matter specifically mentioned in the Contract by such period as
shall be fair and reasonable in all the circumstances and as shall fairly reflect
the delay or impediment sustained by the Contractor.
40.2 Except where otherwise specifically provided in the Contract, the Contractor shall
submit to the Engineer-in-charge a notice of a claim for an extension of the Time for
Completion, together with particulars of the event or circumstance justifying such
extension as soon as reasonably practicable after the commencement of such event
or circumstance. As soon as reasonably practicable after receipt of such notice and
supporting particulars of the claim, the Employer and the Contractor shall agree
upon the period of such extension. In the event that the Contractor does not accept
the Employer’s estimate of a fair and reasonable time extension, the Contractor shall
be entitled to refer the matter to an Adjudicator, pursuant to CC Sub-Clause 6.1.
40.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in
the performance of its obligations under the Contract
41. Suspension
41.1 The Employer may request the Engineer-in-charge, by notice to the Contractor, to
order the Contractor to suspend performance of any or all of its obligations under
the Contract. Such notice shall specify the obligation of which performance is to be
suspended, the effective date of the suspension and the reasons thereof. The
Contractor shall thereupon suspend performance of such obligation (except those
obligations necessary for the care or preservation of the Facilities) until ordered in
writing to resume such performance by the Engineer-in-charge.
If, by virtue of a suspension order given by the Engineer-in-charge, other than by

reason of the Contractor’s default or breach of the Contract, the Contractor’s
performance of any of its obligations is suspended for an aggregate period of more
than ninety (90) days, then at any time thereafter and provided that at that time
such performance is still suspended, the Contractor may give a notice to the
Engineer-in-charge requiring that the Employer shall, within twenty-eight (28) days
of receipt of the notice, order the resumption of such performance or request and
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subsequently order a change in accordance with CC Clause 39, excluding the

performance of the suspended obligations from the Contract.
If the Employer fails to do so within such period, the Contractor may, by a further
notice to the Engineer-in-charge, elect to treat the suspension, where it affects a
part only of the Facilities, as a deletion of such part in accordance with CC Clause 39
or, where it affects the whole of the Facilities, as termination of the Contract under
CC Sub-Clause 42.1.
41.2 If the Contractor’s performance of its obligations is suspended or the rate of

progress is reduced pursuant to this CC Clause 41, then the Time for Completion
shall be extended in accordance with CC Sub-Clause 40.1 and any and all additional
costs or expenses incurred by the Contractor as a result of such suspension or
reduction shall be paid by the Employer to the Contractor in addition to the Contract
Price, except in the case of suspension order or reduction in the rate of progress by
reason of the Contractor’s default or breach of the Contract.
41.3 During the period of suspension, the Contractor shall not remove from the Site any
Plant and Equipment, any part of the Facilities or any Contractor’s Equipment,
without the prior written consent of the Employer
42. Termination
42.1 Termination for Employer’s Convenience
42.1.1 The Employer may at any time terminate the Contract for any reason by giving the
Contractor a notice of termination that refers to this CC Sub-Clause 42.1.
42.1.2 Upon receipt of the notice of termination under CC Sub-Clause 42.1.1, the
Contractor shall either immediately or upon the date specified in the notice of
termination
a. cease all further work, except for such work as the Employer may specify in
the notice of termination for the sole purpose of protecting that part of the
Facilities already executed, or any work required to leave the Site in a clean
and safe condition
b. terminate all subcontracts, except those to be assigned to the Employer
pursuant to paragraph (d) (ii) below
c. remove all Contractor’s Equipment from the Site, repatriate the Contractor’s
and its Subcontractors’ personnel from the Site, remove from the Site any
wreckage, rubbish and debris of any kind, and leave the whole of the Site in a
clean and safe condition
d. In addition, the Contractor, subject to the payment specified in CC Sub-Clause
42.1.3, shall;
i) deliver to the Employer the parts of the Facilities executed by the
Contractor up to the date of termination
ii) to the extent legally possible, assign to the Employer all right, title and
benefit of the Contractor to the Facilities and to the Plant and Equipment
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as of the date of termination, and, as may be required by the Employer, in

any subcontracts concluded between the Contractor and its
Subcontractors
iii) deliver to the Employer all non-proprietary drawings, specifications and
other documents prepared by the Contractor or its Subcontractors as at
the date of termination in connection with the Facilities
42.1.3 In the event of termination of the Contract under CC Sub-Clause 42.1.1, the
Employer shall pay to the Contractor the following amounts:
a. the Contract Price, properly attributable to the parts of the Facilities executed
by the Contractor as of the date of termination
b. the costs reasonably incurred by the Contractor in the removal of the
Contractor’s Equipment from the Site and in the repatriation of the
Contractor’s and its Subcontractors’ personnel
c. any amounts to be paid by the Contractor to its Subcontractors in connection
with the termination of any subcontracts, including any cancellation charges
d. costs incurred by the Contractor in protecting the Facilities and leaving the Site
in a clean and safe condition pursuant to paragraph (a) of CC Sub-Clause 42.1.2
e. the cost of satisfying all other obligations, commitments and claims that the
Contractor may in good faith have undertaken with third parties in connection
with the Contract and that are not covered by paragraphs (a) through (d)
above
42.2 Termination for Contractor’s Default
42.2.1 The Employer, without prejudice to any other rights or remedies it may possess, may
terminate the Contract forthwith in the following circumstances by giving a notice of
termination and its reasons therefore to the Contractor, referring to this CC Sub-
Clause 42.2:
a. if the Contractor becomes bankrupt or insolvent, has a receiving order issued

against it, compounds with its creditors, or, if the Contractor is a corporation, a
resolution is passed or order is made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), a receiver is
appointed over any part of its undertaking or assets, or if the Contractor takes
or suffers any other analogous action in consequence of debt
b. if the Contractor assigns or transfers the Contract or any right or interest
therein in violation of the provision of CC Clause 43.
c. if the Contractor, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
d. For the purpose of this Sub-Clause:
“corrupt practice” means the offering, giving, receiving or soliciting of anything

of value to influence the action of a public official in the procurement process or
in contract execution.
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“fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the
Employer, and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the Employer of the benefits of free and open competition
42.2.2 If the Contractor

a. has abandoned or repudiated the Contract
b. has without valid reason failed to commence work on the Facilities promptly or
has suspended (other than pursuant to CC Sub-Clause 41.2) the progress of
Contract performance for more than twenty-eight (28) days after receiving a
written instruction from the Employer to proceed
c. persistently fails to execute the Contract in accordance with the Contract or
persistently neglects to carry out its obligations under the Contract without just
cause
d. refuses or is unable to provide sufficient materials, services or labor to execute
and complete the Facilities in the manner specified in the program furnished
under CC Sub-Clause 18.2 at rates of progress that give reasonable assurance to
the Employer that the Contractor can attain Completion of the Facilities by the
Time for Completion as extended, then the Employer may, without prejudice to
any other rights it may possess under the Contract, give a notice to the
Contractor stating the nature of the default and requiring the Contractor to
remedy the same. If the Contractor fails to remedy or to take steps to remedy
the same within fourteen (14) days of its receipt of such notice, then the
Employer may terminate the Contract forthwith by giving a notice of
termination to the Contractor that refers to this CC Sub-Clause 42.2
42.2.3 Upon receipt of the notice of termination under CC Sub-Clauses 42.2.1 or 42.2.2, the
Contractor shall, either immediately or upon such date as is specified in the notice of
termination,
a. cease all further work, except for such work as the Employer may specify in the
notice of termination for the sole purpose of protecting that part of the
Facilities already executed or any work required to leave the Site in a clean and
safe condition
pursuant to paragraph (d) below
c. deliver to the Employer the parts of the Facilities executed by the Contractor up
to the date of termination
d. to the extent legally possible, assign to the Employer all right, title and benefit
of the Contractor to the Facilities and to the Plant and Equipment as of the date
of termination and, as may be required by the Employer, in any subcontracts
concluded between the Contractor and its Subcontractors
e. deliver to the Employer all drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as of the date of termination in
connection with the Facilities
1-101
42.2.4 The Employer may enter upon the Site, expel the Contractor and complete the
Facilities itself or by employing any third party. The Employer may, to the exclusion
of any right of the Contractor over the same, take over and use with the payment of
a fair rental rate to the Contractor, with all the maintenance costs to the account of
the Employer and with an indemnification by the Employer for all liability including
damage or injury to persons arising out of the Employer’s use of such equipment,
any Contractor’s Equipment owned by the Contractor and on the Site in connection
with the Facilities for such reasonable period as the Employer considers expedient
for the supply and installation of the Facilities.
Upon completion of the Facilities or at such earlier date as the Employer thinks
appropriate, the Employer shall give notice to the Contractor that such Contractor’s
Equipment will be returned to the Contractor at or near the Site and shall return
such Contractor’s Equipment to the Contractor in accordance with such notice. The
Contractor shall thereafter without delay and at its cost remove or arrange removal
of the same from the Site
42.2.5 Subject to CC Sub-Clause 42.2.6, the Contractor shall be entitled to be paid the
Contract Price attributable to the Facilities executed as of the date of termination,
the value of any unused or partially used Plant and Equipment on the Site, and the
costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and
safe condition pursuant to paragraph (a) of CC Sub-Clause 42.2.3. Any sums due the
Employer from the Contractor accruing prior to the date of termination shall be
deducted from the amount to be paid to the Contractor under this Contract.
42.2.6 If the Employer completes the Facilities, the cost of completing the Facilities by the
Employer shall be determined.
If the sum that the Contractor is entitled to be paid, pursuant to CC Sub-Clause

42.2.5, plus the reasonable costs incurred by the Employer in completing the
Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess.
If such excess is greater than the sums due the Contractor under CC Sub-Clause
42.2.5, the Contractor shall pay the balance to the Employer, and if such excess is
less than the sums due the Contractor under CC Sub-Clause 42.2.5, the Employer
shall pay the balance to the Contractor.
The Employer and the Contractor shall agree, in writing, on the computation
described above and the manner in which any sums shall be paid.
42.3 Termination by Contractor
42.3.1 If
a) the Employer has failed to pay the Contractor any sum due under the Contract
within the specified period, has failed to approve any invoice or supporting
documents without just cause pursuant to the corresponding Appendix 1 (Terms
1-102
and Procedures of Payment) of the Contract Agreement or commits a

substantial breach of the Contract, the Contractor may give a notice to the
Employer that requires payment of such sum, requires approval of such invoice
or supporting documents or specifies the breach and requires the Employer to
remedy the same, as the case may be. If the Employer fails to pay such sum, fails
to approve such invoice or supporting documents or give its reasons for
withholding such approval, fails to remedy the breach or take steps to remedy
the breach within fourteen (14) days after receipt of the Contractor’s notice, or
b) the Contractor is unable to carry out any of its obligations under the Contract for
any reason attributable to the Employer, including but not limited to the
Employer’s failure to provide possession of or access to the Site or other areas
or failure to obtain any governmental permit necessary for the execution and/or
completion of the Facilities which the employer is required to obtain as per
provision of the contract as per relevant applicable laws of the countries. then
the Contractor may give a notice to the Employer thereof and if the Employer
has failed to pay the outstanding sum, to approve the invoice or supporting
documents, to give its reasons for withholding such approval or to remedy the
breach within twenty-eight (28) days of such notice or if the Contractor is still
unable to carry out any of its obligations under the Contract for any reason
attributable to the Employer within twenty-eight (28) days of the said notice, the
Contractor may by a further notice to the Employer referring to this CC Sub-
Clause 42.3.1, forthwith terminate the Contract.
42.3.2 The Contractor may terminate the Contract forthwith by giving a notice to the
Employer to that effect, referring to this CC Sub-Clause 42.3.2, if the Employer
becomes bankrupt or insolvent, has a receiving order issued against it, compounds
with its creditors or being a corporation, if a resolution is passed or order is made for
its winding up (other than a voluntary liquidation for the purposes of amalgamation
or reconstruction), a receiver is appointed over any part of its undertaking or assets
or if the Employer takes or suffers any other analogous action in consequence of
debt.
42.3.3 If the Contract is terminated under CC Sub-Clauses 42.3.1 or 42.3.2, then the
Contractor shall immediately:
a. cease all further work, except for such work as may be necessary for the
purpose of protecting that part of the Facilities already executed or any work
required to leave the Site in a clean and safe condition
pursuant to paragraph (d) (ii)
c. remove all Contractor’s Equipment from the Site and repatriate the
Contractor’s and its Subcontractors’ personnel from the Site.
d. In addition, the Contractor, subject to the payment specified in CC Sub-Clause
42.3.4, shall
i) deliver to the Employer the parts of the Facilities executed by the
Contractor up to the date of termination
1-103
ii) to the extent legally possible, assign to the Employer all right, title and
benefit of the Contractor to the Facilities and to the Plant and
Equipment as of the date of termination, and, as may be required by the
Employer, in any subcontracts concluded between the Contractor and
its Subcontractors
iii) deliver to the Employer all drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as of the date of
termination in connection with the Facilities.
42.3.4 Termination by the Contractor pursuant to this CC Sub-Clause 42.3 is without

prejudice to any other rights or remedies of the Contractor that may be exercised in
lieu of or in addition to rights conferred by CC Sub-Clause 42.3
42.4 In this CC Clause 42, the expression “Facilities executed” shall include all work
executed, Installation Services provided and all Plant and Equipment acquired (or
subject to a legally binding obligation to purchase) by the Contractor and used or
intended to be used for the purpose of the Facilities, up to and including the date of
termination.
42.5 In this CC Clause 42, in calculating any monies due from the Employer to the
Contractor, account shall be taken of any sum previously paid by the Employer to the
Contractor under the Contract, including any advance payment paid pursuant to the
corresponding Appendix -1 (Terms and Procedures of Payment) to the Contract
Agreement.
43. Assignment
43.1 Neither the Employer nor the Contractor shall, without the express prior written
consent of the other party (which consent shall not be unreasonably withheld),
assign to any third party the Contract or any part thereof or any right, benefit,
obligation or interest therein or there under, except that the Contractor shall be
entitled to assign either absolutely or by way of charge any monies due and payable
to it or that may become due and payable to it under the Contract
44. Construction of Contract
44.1 The Contract will be signed in three originals and the Contractor shall be provided
with one signed original and the rest will be retained by the Employer.
44.2 The Contractor shall provide free of cost to the Employer all the engineering data,
drawing and descriptive materials submitted with the bid, in at least four (4) copies
to form a part of the Contract immediately after Notification of Award.
44.3 Subsequent to signing of the Contract, the Contractor at his own cost shall provide
the Employer with Six (6) true copies of Contract Agreement within thirty (30) days
after signing of the Contract.
1-104
45. Spares
45.1 The Contractor agrees that after completion of O&M Period, the mandatory spare
parts and recommended spare parts for 5 (five) years operation and maintenance
quoted in Price Schedule (Volume – 4, Section-II & III) shall be supplied by the
Contractor at the same terms and conditions as are otherwise applicable to this
Contract. Further, the Contractor also agrees to supply spare parts required for the
operation and maintenance of the Facilities as per provision of given in cl no. 46.1.
45.2 All the spares for the equipment under the Contract will strictly conform to the
Specification and other relevant documents and will be identical to the
corresponding main equipment/components supplied under the Contract and shall
be fully interchangeable.
45.3 All the mandatory spares covered under the Contract shall be produced along with
the main equipment as a continuous operation and the delivery of the spares will be
along with the main equipment in a phased manner and the delivery should be
completed by the respective dates for the various categories of equipment as per
the agreed network. In case of recommended spares the above will be applicable,
and the order for the recommended spares shall be placed prior to commencement
of manufacture of the main equipment.
45.4 The quality plan and the inspection requirement finalized for the main equipment
will also be applicable to the corresponding spares.
45.5 The Contractor shall provide the Employer with the manufacturing drawings,
catalogues, assembly drawings and any other document required by the Employer so
as to enable the Employer to identify the mandatory spares and recommended
spares. Such details will be furnished to the Employer as soon as they are prepared
but in any case not later than six months prior to the commencement of
manufacture of the corresponding main equipment.
45.6 The Contractor will provide the Employer with all the addresses and particulars of his
sub-suppliers while placing the order on vendors for items/components/equipments
covered under the Contract and will further ensure with his vendors that the
Employer, if so desires, will have the right to place order for spares directly on them
on mutually agreed terms based on offers of such vendors.
46. Defect Liability for Spares
The Contractor shall warrant that all spares supplied will be new and in accordance
with the Contract Documents and will be free from defects in design, material and
workmanship and shall further guarantee as under:
46.1 During the first Two (2) years i.e. during Defect Liability Period, any replacement
required at the time of O&M activity, shall be at contractor’s own cost. The
discarded spare parts will become the property of the Contractor as soon as they
1-105
have been replaced by the Contractor. The bidder shall consider the Cost of such
tentative replacements within the scope of supply of equipment in Volume 4,
Section II.
After the completion of defect liability period, for next 3 years, the spare parts shall
be supplied as per the O&M requirement, for which cost shall be quoted in Price
Schedule (Volume – 4, Section-IV).
During 4th year of O&M operation, the bidder shall acquire written permission from
the employer for the procurement of spares for 5 years of normal operation after
completion of O&M contract. The price for the same shall be quoted in price
schedule (Volume 4, Section-II Sr. No. 9 for EM and Section-III Sr. No. E-6).
46.2 In addition to the spares recommended by the Contractor, if the Employer further
identifies certain particular items of spares, the Contractor will submit the prices
and delivery quotation for such spares within 30 days of receipt of such request with
a validity period of 6 (Six) months for consideration by the Employer and placement
of order for additional spares, if the Employer so desires.
46.3 The Contractor shall guarantee the long-term availability of spares to the Employer
for the full life of the equipment covered under the Contract. The Contractor shall
guarantee that before going out of production of spare parts of the equipment
covered under the Contract, he shall give the Employer at least 2 years advance
notice so that the latter may order his bulk requirement of spares, if he so desires.
The same provision will also be applicable to Sub-contractors. Further, in case of
discontinuance of manufacture of any spares by the Contractor and/or his Sub-
contractors, the Contractor will provide the Employer, two years in advance, with
full manufacturing drawings, material specifications and technical information
including information on alternative equivalent makes required by the Employer for
the purpose of manufacture/procurement of such items.
46.4 The prices of all future requirements of item of spares beyond 5 (five) years
operational requirement will be derived from the corresponding ex-works price at
which the order for such spares have been placed by Employer as a part of
mandatory spares or recommended spares as given in Price Schedule (Volume – 4,
Section-II & III).
46.5 The Contractor will indicate in advance the delivery period of the items of spares,
which the Employer may procure in accordance with above Sub-Clause. In case of
emergency requirements of spares, the Contractor would make every effort to
expedite the manufacture and delivery of such spares on the basis of mutually
agreed time schedule.
46.6 In case the Contractor fails to supply the mandatory, recommended or long term
spares in the terms stipulated above, the Employer shall be entitled to purchase the
same from the alternate sources at the risk and at the cost of the Contractor and
1-106
recover from the Contractor the excess amount paid by the Employer over the rates
worked on the above basis.
46.7 It is expressly understood that the final settlement between the parties in terms of
relevant clauses of the Contract Documents shall not relieve the Contractor of any of
his obligations under the provision of long term availability of spares and such
provisions shall continue to be enforced till the expiry of 5 (five) years further
extended after the Operation and Maintenance of 5 year period from the scheduled
date of completion of Commissioning of the plant and equipment unless otherwise
discharged expressly in writing by the Employer.
1-107
WAPCOS LIMITED
(A Government of India Undertaking)
A Ministry of Water Resources, River Development & Ganga Rejuvenation
Regd Office: 5th Floor, Kailash, 26 K.G. Marg,

New Delhi-110001, India
Website: www.wapcos.co.in

Tender Documents For Mandira Small Hydro Electric Project (10Mw), Odisha Volume-1 of 4

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Tender Documents For Mandira Small Hydro Electric Project (10Mw), Odisha Volume-1 of 4

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GEDCOL SAIL POWER

TENDER DOCUMENTS FOR MANDIRA SMALL

Volume Description Page No.

Part-I Notice Inviting Tender (NIT) 1-1 to 1-9

Part-III Instruction to Bidders (ITB) 1-16 to 1-49

Part-IV Conditions of Contract 1-50 to 1-107

GEDCOL-SAIL POWER CORPORATION LIMITED (GSPCL)

Tender No.………………….. of 2019 dated. ……………………….

1. On behalf of GEDCOL-SAIL POWER CORPORATION LIMITED (GSPCL), Sealed Bids in

Three parts of Bid will consist of:

2. ELIGIBILITY OF THE BIDDERS

2.1 Qualification Criteria:

2.2 Technical Criteria:

The Bidder shall mean and comprise of the following arrangements:

2.2.1 Should be a registered company under Indian Companies Act (1956).

2.3.1 Civil Works

a) The Bidder should have experience of design, engineering, supply and

2.3.3.1 Hydro Mechanical Works

a) Should have experience of design, fabrication & erection of Head Regulator

2.3.3.3 Operation and Maintenance

2.3.3.4 Planning, Design and Engineering (Civil works):

2.4 GENERAL/FINANCIAL CAPABILITY:

i) they have a controlling partner in common; or

vi) a Bidder or any of its affiliates participated as a consultant in the preparation

i) Positive net worth for last Three (3) years

(i) The minimum cash flow of INR 9 Crore, and

6. Bid documents comprising of Technical Specifications, Schedule of Prices of the

8. Dates of different activities of Biding:

S. No. Event Date & Time Venue

6. Closing of Sale of T0+11 Weeks GEDCOL website

10. Description of the works

services required for execution of the work.

12. Canvassing whether directly or indirectly, in connection with Bids is strictly

Chief General Manager

(c) Gross head 21.53 m (max)

(a) Nos. of Gate Two (2)

(b) Nos. of Opening Three (3)

(c) Draft Tube Gate Size 4.2 (W) x 2.8(H)

(d) Hoist Monorail hoist with lifting beam

(e) Sill Level 184.76 m

(a) Shape Trapezoidal

(c) Length 160 m

(d) Material of Lining RCC

(e) Design Discharge 63.42 cumec

(a) Transmission Voltage 33kV

(b) Length 10km

(c) Connecting Substation 33/132kV Rajgangpur (Existing)

INSTRUCTIONS TO BIDDERS (ITB)

i) Government shall mean Government of Odisha and Government of India.

ii) “The Employer” or “Customer” or "Purchaser" or “Corporation” shall mean

vi) “Engineer” or “Engineer-in-charge” shall mean officer (s) appointed in writing

xiii) “Plant” shall mean the goods including equipment/machinery/

xiv) “Contract” shall mean and include the following:

consignee. Where shop inspection is not envisaged Test Certificates will be

xxiv) “Services” shall mean technical supervision of works of construction, receipt,

Employer notifying Contractor that his proposal has been accepted.

xxxvii) 'Drawing Plans' shall mean all

xxxix) “Imparting Person” shall include firms companies’ corporations and

xl) “I.S.S.”/“B.I.S”shall mean Indian Standard Specification/ Bureau of Indian

xli) “Elevation or Reduced Level (RL)”shall mean height in meters up to three

xlii) “Completion”shall mean the successful completion of the entire works

xliv) “Schedule of Rates”shall mean the schedule of rates adopted or sanctioned

2 ELIGIBILITY OF THE BIDDERS