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Bidding Documents FOR 220/20 KV CHARIKAR (NEW) AND 220/20kV DOSHI (NEW) Substation Package Associated With Consultancy Services For Mew, Afghanistan
Bidding Documents FOR 220/20 KV CHARIKAR (NEW) AND 220/20kV DOSHI (NEW) Substation Package Associated With Consultancy Services For Mew, Afghanistan
FOR
220/20 kV CHARIKAR (NEW) AND 220/20kV DOSHI (NEW)
SUBSTATION PACKAGE
ASSOCIATED WITH CONSULTANCY SERVICES
FOR MEW, AFGHANISTAN
VOLUME-IA
(This Document is meant for the exclusive purpose of Bidding against this Specification and
shall not be transferred, reproduced or otherwise used for purposes other than that for which
it is specifically issued)
__________________________________________________________________________
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
Substation Package associated with Consultancy Services for MEW, Afghanistan
SPECIAL CONDITIONS OF CONTRACT FOR 220/20 kV CHARIKAR
(NEW) AND 220/20kV DOSHI (NEW) SUBSTATION PACKAGE
ASSOCIATED WITH CONSULTANCY SERVICES FOR MEW,
AFGHANISTAN
VOLUME-IA
__________________________________________________________________________
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
Substation Package associated with Consultancy Services for MEW, Afghanistan
SPECIAL CONDITIONS OF CONTRACT
VOLUME-IA
1.3 POWERGRID, therefore, invites sealed Bids from eligible bidders for 220/20
kV Charikar (New) and Doshi (New) Substation Package.
1.4 The contents of Bidding Documents are as indicated under Clause 4.0, Section
INB, Conditions of Contract, Volume-I of Bidding Documents. The
requirements, conditions, appendices etc., stated in Conditions of Contract
(Volume-I), Bid Proposal Sheets (Volume-IB), Technical Specifications
(Volume-II) and Technical Data Sheets (Volume-III), shall apply to and shall
be considered as part of this Volume (i.e. Volume-IA) as if bound together. In
case of any discrepancy between the provisions of this volume and other
volumes of the Bidding Documents, the provisions of this volume shall
prevail.
1.5 Unless brought out clearly, the Bidder shall be deemed to conform strictly to the
provisions of Bidding Documents. All deviations from the Specifications shall
be clearly brought out in respective schedules of deviations forming part of
Bid Proposal Sheets (Volume-IB). Any discrepancy between Specifications
and the catalogues of the Bid, if not clearly brought out in the schedules, will
not be considered as a valid deviation.
1.6 Bidders may note that the Employer has uploaded its 'Works & Procurement
Policy and Procedure’ (Vol.-I & II) to POWERGRID's website. Those Bidders
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New) Page 1 of 34
Substation Package associated with Consultancy Services for MEW, Afghanistan
who wish to peruse the same may visit www.powergridindia.com. However,
it shall be noted that no other party, including the Bidder/Contractor, shall
derive any right from this 'Works & Procurement Policy and Procedure'
documents or have any claim on the Employer/Owner on the basis of the
same. The respective rights of the Employer/Owner and Bidders/Contractors
shall be governed by the Bidding Documents/Contracts signed between the
Employer and the Contractor for the respective packages. The provisions of
Bidding Documents shall always prevail over that of 'Works & Procurement
Policy and Procedure' documents in case of contradiction.
1.7 Bidders may like to ascertain availability of Export Incentive or other Benefits. They
are solely responsible for obtaining such incentive/benefits which they have
considered in their bid and in case of failure to receive such incentive/benefits for
reasons whatsoever, the Employer will not compensate the bidder.
Where the bidder has quoted taking into account such incentive/benefits, he must
give all information required for issue of Project Authority/Payment/ Other
certificates in terms of the Import Export Policy or Central Excise Notifications along
with his bid. The Project Authority/Payment/Other Certificates will be issued on this
basis only and no subsequent change will be permitted.
2.1 The detailed scope of work covered under the package is specified in the
Technical Specifications, Volume-II (TS) and is indicated briefly hereunder:
2.1.1 The scope of work covered under the package broadly includes design,
engineering, manufacture, testing, supply on FOR destination site basis,
including transportation & insurance, unloading, storage, erection including
associated civil works, testing and commissioning of 220/20 kV Sub-
station(including supply, erection, testing and commissioning of Power
Transformer). Major Equipment/ Materials to be supplied under the package
include Transformers, Circuit Breakers, Isolators, Current Transformers,
Capacitance Voltage Transformers, Surge Arrestors, C&R Panels, OPGW
cable, structures, cables, electrical and mechanical auxiliaries, bus bar
terminals, earthing, lighting, 20kV indoor switchgear etc. civil works
including Soil investigation, equipment foundation, anti weed treatment,
PCC and Stone spreading of substation area, Permanent water supply,
substation, boundary wall, leveling of substation area, , roads, drainage and
sewerage system, Control room building cum Administrative building,
Buildings for Fire fighting pump house& water tank and Switchgear hall etc..
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Substation Package associated with Consultancy Services for MEW, Afghanistan
2.2 Before proceeding with the work, the Contractor shall fully familiarise
himself with the site conditions. It shall be the responsibility of the Contractor
to arrange all inputs required for detailed engineering and execution. The
Bidders are advised to visit the site, collect all necessary inputs and acquaint
themselves with the topography, infrastructure etc. The Contractor shall be
fully responsible for providing all equipment, materials, systems and services
specified or otherwise which are required to complete the work and
successful testing & commissioning of the aforesaid substation.
2.3 All materials required for the civil works (including Cement and steel), all
necessary tools & tackles and plant & equipment shall be arranged and
transported to site associated with the above scope of work by the Contractor
at his cost and expense. Nothing shall be arranged and provided by the
Employer, whatsoever.
2.4 The complete design and detailed engineering shall be done by the Contractor
based on conceptual tender drawings.
2.4.1 Design of Substation and their associated electrical & mechanical auxiliaries/
systems includes preparation of single line diagrams & electrical layouts,
erection key diagrams, electrical & physical clearance diagrams, design
calculations for Earthmat, Direct Stroke Lightning Protection, Bus Bar &
Spacers, control & protection schematics, wiring & termination schedules,
civil designs & drawings, design of firefighting system, out
lighting/illumination and other relevant drawings & documents required for
engineering of all facilities are covered under the scope of the Contractor.
2.5 The Contractor shall also be responsible for the overall co-ordination with
external agencies, project management, loading, unloading, handling,
transporting to final destination for successful erection, testing and
commissioning of the substation as per the scope of work detailed in the
Bidding Documents
2.6 The following clauses on insurance read in conjunction with the stipulations
at Clause 38.0 of GCC, Volume-I and Clause 18.0 of this Volume-IA, shall also
apply:
2.6.1 The Contractor at his cost shall arrange, secure and maintain all insurance as
may be pertinent to the works and obligatory in terms of law against all
perils. The responsibility to maintain adequate insurance coverage at all times
during the period of contract shall be of the Contractor alone. The Contractor
shall be responsible for the safety and security of the employees of the
Contractor & his Sub-contractors throughout execution of the works.
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Substation Package associated with Consultancy Services for MEW, Afghanistan
The Contractor’s failure in this regard shall not relieve him of any of his
contractual responsibilities and obligations and POWERGRID will not
entertain any claim in this regard.
2.6.2 The perils required to be covered under the insurance shall include all risks,
but not limited to fire and allied risks, miscellaneous accidents, workmen
compensation risks, risk associated with land mines, loss or damage in
transit, theft, pilferage, riot and strikes and malicious damages, civil
commotions, weather conditions, accidents of all kinds etc.
2.6.3 All costs on account of insurance liabilities covered under the Contract will be
on Contractor’s account and will be included in Contract Price.
2.7 All equipment and materials required for the execution of this project shall be
sourced from India. Accordingly, all sub-vendors/sub-contractors for supply
of all items shall be from India. However, the contractor can procure
reinforcement steel & cement of value up to Rs. 150 million only for the
subject package from Country(ies) other than India. Bidders are, therefore,
required to indicate the quantity of reinforcement steel & cement they
propose to procure from Country (ies) other than India and the value thereof
in their bids. For services to be performed in Afghanistan or en-route
countries, the sub-vendors/sub-contractors shall be either from India or
Afghanistan.
The following items of work are specifically excluded from the scope of the
specifications for the Substation:
b) DG Building;
c) Transmission line side insulator string for line termination and tension
clamp for earth wire termination;
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Substation Package associated with Consultancy Services for MEW, Afghanistan
2.9 Any other items not specifically mentioned in the Specifications but which are
required for erection, testing, commissioning and satisfactory operation of the
subject package is deemed to be included in the scope of the Specifications
unless specifically excluded.
2.10 Employer has standardised its technical specification for various equipment
and works for different voltage levels. Items which are not applicable for the
scope of this package as per schedule of quantities, technical specification for
such items should not be referred to.
3.1 The Qualifying Requirements for the Bidders are given in Annexure-A (SCC)
to these Special Conditions of Contract, Vol.-IA.
4.1 Bidders shall quote the prices for (i) expenditure to be incurred in India in
Indian Rupees, and (ii) for expenditure to be incurred in Afghanistan and en-
route country(ies) in US Dollars.
4.2.1 There are broadly the following categories of items in the Price Schedule,
against which the Bidders are required to quote their prices:
i) Items for which quantity is specified in the Price Schedule of BPS, and the
Bidders are required to quote their unit rate and total amount for the
same.
ii) Items given in the Price schedules of BPS, for which the Bidders are
required to assess/estimate the quantity and quote the prices.
iii) Items given in the Price Schedule of BPS, for which Bidders are
required to quote a lumpsum price and such items for which prices are
to be quoted on per set/per lot basis.
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Substation Package associated with Consultancy Services for MEW, Afghanistan
4.2.2 In addition, the Bidders may include other items in the Price Schedules of
BPS, which they consider necessary for completion of the works and quote
their prices for the same either on lumpsum basis or by indicating the
assessed/ estimated quantity of such items. For the items indicated by the
Bidder, the Contractor shall be paid the total price quoted for these system in
their Bid and incorporated in the Contract, irrespective of actual quantity of
the existing items, any addition of new items or any deletion of existing items
during actual execution of the work, for completion of the scope of work as
per Technical Specifications. Cost of any additional items which may be
required for successful completion of the works as per specifications, whether
or not indicated separately by the Bidder in his Bid, shall be deemed to be
included in the Bid Price, irrespective of quantity of such items or
components/ parts/ sub-items thereof required during post
award/execution stage.
4.3.1 Freight & Insurance charges shall be quoted considering the actual distance
from Contractor’s/Sub-contractors’ works to destination site(s). For this
purpose, bidders may note that the distance between Mumbai Port to Kabul
via Iran [which is the existing pliable route by land/sea from India to Kabul]
is approximately 4500 kilometres. However, bidders shall assess the actual
distance and the route from their/their sub-vendors’ works in India to
destination site(s) for transporting goods & materials via Mumbai & Bander-
e-Abbas ports in the respective Schedules of BPS.
4.3.2 Bidders shall indicate separately in their bid, the following taxes, duties &
levies which will be reimbursed by the Employer on production of
documentary evidence:
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Substation Package associated with Consultancy Services for MEW, Afghanistan
(i) all applicable taxes, duties and levies that may be levied by the Govt.
of Afghanistan for the services to be rendered in Afghanistan;
(ii) all applicable taxes & duties in Afghanistan and en-route country(ies)
levied on equipment/materials including bought-out items.
(iii) All applicable taxes & duties in Afghanistan and en-route country(ies)
levied on tools & tackles required for execution of the Contract as per
certification by the Engineer.
If there are provisions for refund of taxes, duties & levies already paid or if
there are provisions for non-payment of the taxes, duties and levies upon
performance of any act/deed by the Contractor, whether in Afghanistan or
in en-route country(ies), the same shall be duly complied with by the
Contractor to enable such refund or non-payment of taxes, duties and levies
and pass on the benefit to the Employer; and
4.3.3 All taxes and duties & levies including excise duty, sales tax, value added
tax, service tax, works contract tax in respect of (i) transaction between the
Contractor and the Employer and (ii) between the bidders and their sub-
vendors/sub-suppliers while procuring any components, sub-assemblies,
raw materials and equipment as applicable in India shall be included in the
bid price and no claim on this behalf shall be entertained by the Employer.
4.3.4 The Bidder shall bear and pay to the concerned authorities any Income Tax,
Surcharge on Income Tax and other Corporate Taxes, wherever applicable in
India, Afghanistan and en-route country(ies).
4.4 Bidder shall quote separately, as per relevant Price Schedules of BPS, the
charges for erection, testing & commissioning (which shall be inclusive of
charges for port handling, custom clearance, unloading, handling, storage,
insurance etc.) of all items which are to be supplied and/or erected at site and
charges of associated civil works etc. as specified in Technical Specification
and Bid Proposal Sheet. These charges together for all equipment/materials/
spares as applicable, shall be deemed to be included in the ‘Erection charges’
to be quoted against the items indicated in relevant schedule of BPS. The
charges for civil works to be indicated against Erection Charges shall be a
composite charge for each item which shall include cost of supply and
freight & insurance charges of all materials to be used in civil works as
well as construction charges. In addition, the cost of all equipment/materials
required for successful erection, testing and commissioning of the Sub-station
including associated civil works, not indicated separately in the schedule of
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New) Page 7 of 34
Substation Package associated with Consultancy Services for MEW, Afghanistan
supply items in the BPS but required as per Technical Specification, shall be
deemed to be included in the ‘Erection Charges’.
4.5 Bidders shall quote charges for type tests and such other charges required to
be quoted as per BPS separately in the relevant schedules of the BPS. Bidders
shall quote type test charges as required for the total quantity offered.
5.1 General
5.1.1 The Bidder shall quote base price for the ex-works price of the
equipment/materials and erection price components. These price
components paid by the Employer for certain equipment/materials, as
specified, shall be subject to price adjustment to reflect changes in the cost of
labour and material components as per the price adjustment provisions
contained herein.
5.1.2 The ex-works components of Erection Hardware, Control & Relay Panels, Bus
Post Insulators, L.T. Switchgear, Batteries & Battery Charger, DG Set, PLCC
Equipment, Illumination System, Fire Protection System, spares and testing &
maintenance equipment etc. and other items not specifically mentioned
below shall remain firm and no price adjustment, whatsoever, shall be
applicable for the price component of these items. Further, prices for type test,
freight & insurance and other charges, if any, shall be firm and no price
adjustment shall be applicable for these price components.
5.1.3 The ex-works prices of the main equipment viz., Transformer, L.T.
Transformer, Circuit Breaker (CB), Current Transformer (CT), Capacitance
Voltage Transformer (CVT), Isolator (ISO), Surge Arrestor (SA), Cables &
Structures; the complete equipment procured as spares (for CT & CVT); and
Erection Price Component (including charges for civil works) shall be subject
to price adjustment as per the details given hereunder.
5.2.1 The formula for calculating the price adjustment to be applied to the Ex-
works price component of the main equipment will be as follows:
a) L.T. Transformer
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New) Page 8 of 34
Substation Package associated with Consultancy Services for MEW, Afghanistan
P1 = Price adjustment amount shipmentwise. (if it works out
negative, that would mean the amount to be recovered by the
Employer from the Contractor).
C, ES, IS, IM & L are the price indices for materials and labour as below:
IS (Iron & Steel): Wholesale Price Index Number for `Iron & Steel’ (Base- 1993-
94=100), as published by IEEMA.
Where,
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Substation Package associated with Consultancy Services for MEW, Afghanistan
a, b, c, d = The value of corresponding coefficients of raw materials used
and the sum of which should be between 0.55 to 0.65.
Where,
The Bidder has to specify in his Bid metal component per Km.
for each type and size of cable.
For Lattice & Pipe Structures (including washers, foundation bolts and Bolts
& Nuts).
P1 = P0 x {0.15 + 0.58 x (A1/A0) + 0.16 (B1/B0) + 0.11 (L1/L0)} - P0
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New) Page 10 of 34
Substation Package associated with Consultancy Services for MEW, Afghanistan
A, B = Price indices of structural steel and electrolytic zinc as
published by IEEMA.
e) Transformer
C, ES, IS, IM & L are the indices for materials and labour as below:
ES= Price of CRGO Electrical Steel Sheets: C&F Price converted into Indian
Rupees per MT, as published by IEEMA.
IS (Iron & Steel)= Wholesale Price Index Number for `Iron & Steel’ (Base-
1993- 94=100), as published by IEEMA.
L = All India average consumer price index, for Industrial Workers (base
1982 = 100), as published by Labour Bureau, Shimla, Govt. of India and
circulated by IEEMA.
Special Conditions of Contract, (Vol.-IA) for 220/20kV Charikar (New) and 220/20kV Doshi (New) Page 11 of 34
Substation Package associated with Consultancy Services for MEW, Afghanistan
P2= TO x {0.15 + 0.85 x (TB1/TBo)} - TO
5.2.2 i) Subscript 'o' will correspond to thirty (30) days prior to date of opening of
Bids, for materials & labour.
b) At the expiry of two thirds (2/3) period from the date of base index to
the date of shipment for materials, in case of CB, CT, CVT, ISO and SA.
c) Sixty (60) days prior to the date of shipment for materials, in case of
Auto Transformer, Reactor, L.T. Transformer, power & control cables
and sub-station structure.
5.1.4 The total adjustment for CB, CT, CVT, SA, ISO, Power & Control Cables and Sub-
station Structures (including bolts and nuts) shall be subject to a ceiling of (±) 20%
individually of the respective Ex-works prices of Transformer, CB, CT, CVT, SA,
ISO, Power & Control Cables and Sub-station Structures (including bolts & nuts).
5.3 Price Adjustment for Erection (including civil works) Price Component:-
5.3.1 The formula for calculation of the monthly price adjustments for Erection
(including civil works) price component shall be as under:
5.3.1.1 For Erection price component ( including Civil works but excluding
‘supply & placement of reinforcement steel’ and ‘concreting’)
Where,
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Substation Package associated with Consultancy Services for MEW, Afghanistan
dER = Price adjustment amount for the Erection price component
(excluding supply & placement of steel and concreting) for
each billing
ER0 = Price for Erection (excluding supply & placement of steel and
concreting and including civil works), done in billing period
as established by the Contract.
L = Indian field labour index – namely All India Consumer Price
Index for Industrial Workers as published by Labour Bureau,
Shimla, Government of India.
Where ,
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Substation Package associated with Consultancy Services for MEW, Afghanistan
dER = Price adjustment amount payable on price components of
concreting.
fa, fb, fc, fd & fl = Exchange rate correction factors for rate for diesel oil,
index no. for wholesale price in India for iron & steel, Cement , ‘non-
metallic mineral products(structural clay products) and Indian field
labour index respectively with reference to Indian Rupees and US
Dollars such that:
f = Z0/Z1
5.3.2 In the above price adjustment formulae, subscript ‘0’ refers to indices as on 30
days prior to date of bid opening (referred to as base date indices) and
subscript ‘1’ will correspond to the month of billing. In case of Z 0, subscript ‘0’
refers to value as on 7 days prior to opening of bids.
5.3.3 The total price adjustment amount for Erection (including civil works) price
component shall not be subject to any ceiling whatsoever.
5.4 The above price adjustment provision shall be invoked by either party subject
to the following further conditions:
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Substation Package associated with Consultancy Services for MEW, Afghanistan
date of shipment or actual date of shipment, whichever is earlier.
Scheduled date of shipment will be Ex-works date of despatch,
governed by the accepted PERT Network/Bar Chart. Similarly, for the
purpose of Price Adjustment on erection (including civil works) price
component, the Billing period shall mean the billing period as per
Contract time schedule i.e., the agreed Bar Chart or actual period,
whichever is earlier. The Billing period for various erection activities
will be as per agreed erection Bar Chart indicating monthly schedule
of erection activities for completion of works.
b) In case IEEMA does not publish any of the price indices, as mentioned
above, the Bidder shall indicate any nationally recognised published
index for respective items and the source of the same shall be
furnished in the Bid.
e) The Contractor shall promptly submit price adjustment invoices for the
supplies made/work done, positively within three (3) months from the
date of shipment/ work done, whether it is positive or negative.
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Substation Package associated with Consultancy Services for MEW, Afghanistan
6.1 Clause 15.0, Section INB and Clause 16.0, Section GCC of Conditions of
Contract, Volume-I of the bidding documents regarding Taxes and duties
shall be replaced by the following:
6.1.1 Taxes, duties & levies as given under shall be reimbursed by the Employer
on production of documentary evidence:
(i) all applicable taxes, duties and levies that may be levied by the
Govt. of Afghanistan for the services to be rendered in Afghanistan;
If there are provisions for refund of taxes, duties & levies already paid or if
there are provisions for non-payment of the taxes, duties and levies upon
performance of any act/deed by the Contractor, whether in Afghanistan or
in en-route country (ies), the same shall be duly complied with by the
Contractor to enable such refund or non-payment of taxes, duties and
levies and pass on the benefit to the Employer; and
6.1.2 All taxes and duties & levies including excise duty, sales tax, value added
tax, service tax, works contract tax in respect of (i) transaction between the
Contractor and the Employer and (ii) between the bidders and their sub-
vendors/sub-suppliers while procuring any components, sub-assemblies,
raw materials and equipment as applicable in India shall be included in the
bid price and no claim on this behalf shall be entertained by the Employer.
6.1.3 However, the Bidder shall bear and pay to the concerned authorities any
Income Tax, Surcharge on Income Tax and other Corporate Taxes, wherever
applicable in India, Afghanistan and en-route country(ies).
7.1 Bidder has to quote for the complete scope of work for the substation package
as stated in Technical Specifications, Volume-II. Bids for individual items or
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Substation Package associated with Consultancy Services for MEW, Afghanistan
incomplete services shall be treated as incomplete and are liable to be
rejected. Bidders shall also note that they are required to quote freight &
insurance charges for Mumbai and Bander-e-Abbas ports as per Clause 4.3.1
above and in case of non-compliance of this provision, their bid shall be
treated as incomplete and likely to be rejected.
7.2 Conditional discounts/rebates, if any, offered by the bidder shall not be taken
into consideration for evaluation. It shall, however, be considered in case of
award.
7.3 Bid stipulating commissioning dates beyond that specified under the Clause
13.0 titled “Work Schedule” in this Volume run the risk of rejection.
7.4 Bids shall be evaluated and compared on the basis of lumpsum price for the
entire scope of work under the package. The lumpsum price shall include:-
(iii) Charges for erection which shall include port handling and custom
clearance wherever required, unloading, handling, storage,
insurance, erection, testing & commissioning of the complete
equipment/materials under the package and all associated civil
works.
7.5 The Employer’s evaluation of a bid, in addition to the total price as per Clause
7.4 above, will take into account (i) the “Differential Price” (refer para 19.0 of
this Volume) and (ii) “Cost compensation for deviations/Cost of withdrawal
of deviations” which will be added to bid price as indicated under clause 36.0,
Section-INB, Vol.-I, using pricing information available to the Employer.
However, the evaluation shall not take into consideration (i) taxes, duties &
levies applicable on the services to be rendered in Afghanistan, (ii) all
applicable taxes & duties in Afghanistan and en-route country(ies) levied on
equipment/materials including bought-out items and (iii) all applicable taxes
& duties in Afghanistan and en-route country(ies) levied on tools & tackles
required for execution of the Contract. The comparison of bids shall be in the
manner indicated in Clause 37.0 of Section INB, Vol.-I and in the Technical
Specifications, Volume-II of Bidding Documents.
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Substation Package associated with Consultancy Services for MEW, Afghanistan
7.6 The Bidder is required to assess the quantities, based on the scope of work as
per the Technical Specifications, Volume-II of the Bidding Documents and
design of the Bidder, for certain items in the BPS and quote their prices
accordingly. In case, in the opinion of the Bidder, based on the design, some
additional items are required, they shall indicate the same and include these
prices in the total Price of the package. The prices for these additional items
shall be considered for evaluation purpose.
7.7 The prices of all such item(s) against which bidder has not quoted
rates/amount (viz. items left blank or against which ‘-‘ is indicated) in the
schedules will be deemed to have been included in other item(s).
7.9 For the purpose of evaluation and comparison, the Employer will convert US
Dollar component to Indian Rupees at Bills Clearing (B.C.) Selling Market Rate
of Exchange (MRE) established by State Bank of India (SBI), India as on the
date of bid opening.
8.1 The mandatory spares for the Substation, for which the quantity of different
materials/items shall be confirmed by the Employer during the Contract
execution, shall be supplied by the Contractor at the same unit rates as
applicable for F.O.R. delivery destination site of such materials/items, for
successful operation of Substation, subject to other terms & conditions of the
Contract. Further the cost of port handling, custom clearance, unloading,
storage, handling, insurance etc. of spares at site till taking over, shall be
deemed to be included in the said unit rates.
8.2 The Bidder shall recommend and indicate various optional spares and
optional maintenance equipment considered necessary by him for three (3)
years satisfactory operation of the equipment. The Employer reserves the
right to procure them during execution of the Contract. However, the prices
of various optional spares and maintenance equipment shall remain firm for
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Substation Package associated with Consultancy Services for MEW, Afghanistan
such procurement by POWERGRID during execution of the Contract.
Further the cost of port handling, custom clearance, unloading, storage,
handling, insurance etc. of optional spares and optional maintenance
equipment at site till taking over, shall be deemed to be included in the said
prices.
9.1 The Bidder shall include in his Bid any special tools & tackles for erection,
commissioning and maintenance of the equipment under the package. The
list of such special tools & tackles shall be given in the relevant schedule of
the BPS and prices of these shall be deemed to be included in the Bid Price.
The payment to the Contractor under the contract will be made by the
Employer in line with Clause 34.0, Section GCC, Vol.-I and as per the
guidelines and conditions specified hereunder. All payments made during
the contract will be on on-account payment purpose only.
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d) An unconditional & irrevocable Bank Guarantee in favour of Employer
for ten percent (10%) of the total Contract Price towards Contract
Performance Guarantee (CPG) in accordance with the provisions of
Clause 43.0, Section-INB & Clause 32.0, Section-GCC and as per
proforma attached with Section-Annex, Conditions of Contract,
Volume-I of the Bidding Documents, which shall be initially valid upto
ninety (90) days after expiry of warranty period and shall be extended
from time to time till ninety (90) days beyond successful completion of
warranty period, as may be required under the Contract.
Bid Guarantee shall be kept valid till the CPG is accepted by the
Employer.
In case, the Contractor opts for this interest bearing initial advance, the
same shall be paid to the Contractor on fulfillment of above conditions
and an interest on monthly outstanding amount will be charged at the
rate of 9.07% per annum. The monthly outstanding amount for the
purpose of calculating the interest shall be worked out at the end of
each calendar month considering proportionate adjustment of advance
against dispatch payment as per 10.1 (iii) below.
In case, the Contractor opts not to take interest bearing initial advance
as above, it would be mandatory for him to submit the documents listed
at Sl. No. (a), (d) and (e) above within thirty (30) days of issuance of
LOA.
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c) Approval of type test reports in case type tests are not required to be
repeated.
In case, the Contractor opts for this interest bearing initial advance,
the same shall be paid to the Contractor on fulfillment of above
conditions and an interest on monthly outstanding amount will be
charged at the rate of 9.07% per annum. The monthly outstanding
amount for the purpose of calculating the interest shall be worked
out at the end of each calendar month considering proportionate
adjustment of advance against dispatch payment as per 10.1 (iii)A
below.
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b) Contractor's detailed invoice & packing list identifying contents
of each consignment.
c) Manufacturer’s/Contractor’s guarantee certificate of quality.
d) Insurance Policy/Certificate.
e) Material Inspection Clearance Certificate (MICC) for despatch
issued by POWERGRID’s representative.
f) Test Certificate.
Payment shall be made only for the type tests actually conducted as per the
Contract. The charges for type tests shall be paid on successful completion of
all the type tests as directed by the Employer and on approval of the test
results by the Employer.
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Freight and insurance charges shall be payable as per the provisions of
Clause 34.7.3, Section-GCC, Conditions of Contract, Vol-I of the Bidding
Document and Clause 4.3.1 above.
(i) Ten percent (10%) of the erection price component including charges for
civil works shall be paid as Interest Bearing advance subject to conditions
stipulated in Clause 34.7.1 (ii), Section-GCC, Conditions of Contract,
Volume-I of the Bidding Documents and the following:
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Substation Package associated with Consultancy Services for MEW, Afghanistan
In case, the Contractor opts for this interest bearing initial advance,
the same shall be paid to the Contractor on fulfillment of above
conditions and an interest on monthly outstanding amount will be
charged at the rate of 9.07% per annum. The monthly outstanding
amount for the purpose of calculating the interest shall be worked
out at the end of each calendar month considering proportionate
adjustment of advance against dispatch payment as per 10.4.1(ii)
below.
(ii) Ninety percent (90%) for each of the items of work (in case Contractor
opts not to take interest bearing advance as above) or Eighty percent
(80%) for each of the items of work (in case Contractor opts to take the
interest bearing advance), shall be paid progressively, monthly on pro-
rata basis at unit rates based on quantum of work done and certification
by POWERGRID’s representative and on successful completion of quality
check point involved in erection.
(iii)Balance ten percent (10%) would be paid after successful erection, testing
and commissioning of entire Substation under execution and issuance of
Taking Over Certificate.
10.5 In case the Contract is awarded on a Joint Venture, the Advance Bank
Guarantees as well as Contract Performance Guarantees shall be in the name
of the Joint Venture covering all the partners of the Joint Venture and not in
the name of the Lead Partner or any partner(s) of the Joint Venture alone.
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(i) For Supply:
Ninety percent (90%) of the price adjustment amount for the respective
shipment shall be paid on receipt of said shipment at site. Balance ten
percent (10%) of price adjustment amount shall be paid alongwith final
payment mentioned at para 10.1 (iii) (C) above.
Ninety percent (90%) of the price adjustment amount for the respective
billing period shall be payable on certification by POWERGRID’s
representative of quantum of work done in the said billing period.
Balance ten percent (10%) of the price adjustment amount shall be paid
alongwith final payment mentioned at para 10.4.1 (iii) above.
10.9.1 Payments shall be made promptly by the Employer within thirty (30) days of
receipt of Contractor’s invoice, complete in all respects and supported by the
requisite documents and fulfillment of stipulated conditions, if any. All the
payment shall be released to the Contractor directly.
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account of minor omissions or defects which do not affect the commercial
operation and/or cause any serious risk to the equipment. Such certificates
shall, however, not relieve the Contractor of any of his obligations which
otherwise survive by the terms and conditions of the Contract after issuance
of such certificate.
The scope of work under the package shall be as per the Technical
Specifications (TS), Volume-II of the Bidding Documents. The quantity
variation applicable for the existing scope shall be generally as per Clause
24.0, Section-GCC, Conditions of Contract, Volume-I of the Bidding
Documents and the following:
12.1 Employer, at anytime during the Contract execution, reserves the right to
increase or decrease, up to twenty percent (20%) of total Contract Price, the
quantity of Goods and Services, for the items included in the Letter of Award,
without any change in unit price and other terms and conditions. The
quantities of individual items of goods & services may, however, vary upto
any extent.
12.2 The Contract Price for (i) items for which quantities have been indicated as
lump-sum/lot/set and/or (ii) items for which quantities are to be estimated
by the Bidder, including additional items [falling under (i) and/or (ii) above]
considered necessary by the Bidder for successful completion of the works as
per Technical Specifications and indicated by him in his Bid, shall remain
constant unless there is change made in the Scope of Work by Employer. The
quantities and unit prices (a) subsequently arrived while approving the Bill of
Quantities (BOQ)/ Billing break-up of lump-sum/lot/set quantities and/or
(b) quantities estimated by the Bidder / Contractor shall be for on account
payment purpose only. In case additional quantities, over and above the
quantities in BOQ/Billing Break-up and/or estimated by the
Bidder/Contractor, are required for the successful completion of the scope of
work as per Technical Specifications, the Contractor shall execute additional
quantities of these items for which no additional payment shall be made over
and above the lump-sum Contract Price.
12.2.1 In case quantities of these items supplied at site are in excess of that required
for successful completion of scope of work, such additional quantities shall be
property of the Contractor and they shall be allowed to take back the same
from the site for which no deduction from the lump-sum Contract Price shall
be made. Further, in case actual requirement of quantities for successful
completion of scope of work is less than the quantities identified in the
approved BOQ/billing break-up and/or estimated by the Bidder/Contractor,
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the lump-sum Contract Price shall remain unchanged and no deduction shall
be made from the lump-sum price due to such reduction of quantities. It
shall be the responsibility of the Contractor to pay all statutory taxes, duties
and levies to the concerned authorities for such surplus material which
would otherwise have been, lawfully payable. The Contractor shall submit
an indemnity bond to keep Employer harmless from any liability before
release of such material to the Contractor by Employer.
13.1 The Bidder shall include in his proposal his program for supplying and
erecting the equipment covered in the package. The program shall be in the
form of master network identifying key phases in various areas of total work
like design/ drawing approval, procurement of raw material/bought out
items/components, manufacturing, type testing, supply of materials and field
activities related to erection and testing & commissioning of Substation.
Master Network shall be submitted separately for each of the items of works
specified. The Master Network shall conform to the scheduled
commissioning period of 24 months reckoned from the date of Letter of
Award.
13.3 Within one month of issuance of Letter of Award, the Contractor shall submit
network schedules based on schedule dates mentioned in Letter of Award for
review and approval. After approval of network schedule, one reproducible
with sufficient number of prints as desired by POWERGRID shall be
submitted.
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15.1 If the Contractor fails to complete the successful commissioning of the
Substation within the time schedule stipulated under the Contract, the
Contractor shall pay to POWERGRID as liquidated damages and not as
penalty, a sum of one half of one percent (0.5%) of the respective Contract
Price for each calendar week of delay or part thereof. However, the total
amount of liquidated damages for delay under the Contract shall be limited
to a maximum of five percent (5%) of the total Contract Price.
16.1 The period of latent defect warranty in terms of Clause 15.0, Section-GCC,
Conditions of Contract, Volume-I of the Bidding Documents, shall be limited
to ten (10) years from the date of completion of Guarantee Period.
18.1 All the equipment and materials including spares, if any, being supplied by
the Contractor shall be kept completely insured by the Contractor at his cost
from time of dispatch from the Contractor’s works/Sub-vendor’s works, upto
the completion of erection, testing & commissioning at site and taking over of
the Substation by POWERGRID in accordance with the Contract.
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18.2 It will be the responsibility of the Contractor to lodge, pursue and settle all
claims with the insurance company for all equipment/materials under the
package in case of any damage, loss, theft, pilferage or fire during execution
of Contract and POWERGRID shall be kept informed about it. The
Contractor shall be responsible for replacement of the lost/damaged
materials promptly irrespective of the settlement of the claims by the
underwriters and ensure that the work progress is as per agreed schedules.
The losses, if any, in such replacement will have to be borne by the
Contractor.
19.1 The bidder shall guarantee that the Transformers & L.T. Transformers offered
shall meet the rating and performance requirements stipulated in this
specification. The bidder shall also furnish a declaration in the manner
prescribed and included in the relevant schedule of Bid Proposal Sheet and
the schedules attached thereto, for guarantees, which shall attract levy of
liquidated damages for non-performance.
19.2 If the guarantees are not established at factory tests, then the Employer at his
discretion may reject or accept the equipment after assessing the liquidated
damages as per table given below in Clause 19.4 against the Contract and
such amounts shall be deducted from the Contract Price or otherwise
recovered from the Contractor.
19.3 The guaranteed loss at rated voltage for each equipment shall be corrected in
accordance with IEC-76 for the purpose of comparison of guaranteed losses
with measured losses for levy of liquidated damages. However, the
equipment under no circumstances shall be accepted if the measured losses
are more than +15 percent of the guaranteed losses at rated voltage &
frequency quoted by the bidder.
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Transformer Differential Iron loss at Rs. 2,82,750 /- per
750C (kW) kW
20.1 With regard to power & water, the provisions under Clause 9.0, Section-
Project of Technical Specifications, Vol.-II of Bidding Documents shall be
applicable. The Contractor shall make his own arrangements for
communications.
21.1 During execution of the Contract, the Contractor shall furnish monthly
progress reports to POWERGRID in a format as specified by POWERGRID,
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indicating the progress achieved during the month, and total progress upto
the month against scheduled and anticipated completion dates in respect of
activities covered in programmes/schedules referred to above. If called for by
POWERGRID, Contractor shall also furnish to POWERGRID resources data
in a specified format and time schedule. The Contractor shall also furnish
any other information that is necessary to ascertain progress, if called for by
POWERGRID.
23.1 The bid shall be submitted by the bidders as per Clause 26.0 of Section-INB of
Vol.-I and as indicated in the Invitation to Bid(INV). However, the bidders
are required to prepare and submit only three copies of the bid (i.e., one
original and two copies) and qualifying data, clearly marked “Original Bid”
and “Copy of Bid”, as appropriate.
24.1 A Bid Guarantee of value of Rs. 16,022,000/- shall accompany the Bid in
original and two copies of the original in a manner as set forth in clause 24.0
Sec.-INB, Conditions of Contract, Vol.-I in a separate sealed envelope
24.2 Any Bid not accompanied by a Bid Guarantee as set forth in Clause 24.0,
Section INB, Conditions of Contract, Vol.-I and hereinabove shall not be
accepted and shall be returned without being opened.
24.3 In case the bid is submitted by a joint venture, the Bid Guarantee shall be in
the name of the Joint Venture covering all the partners of the Joint Venture
and not in the name of the Lead Partner or any partner(s) of the Joint Venture
alone.
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25.2 This Transfer of Title shall not be construed to mean the acceptance and the
consequent “Taking Over” of equipment and materials. The Contractor shall
continue to be responsible for the quality and performance of such equipment
and materials and for their compliance with the specifications until “Taking
Over” and the fulfillment of guarantee provisions of this Contract.
25.3 This Transfer of Title shall not relieve the Contractor from the responsibility
for all risks of loss or damage to the equipment and materials as specified
under the clause entitled “Insurance”.
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ANNEXURE - A (SCC)
Page 1 of 5
The Owner may asses the capacity and capability of the bidder, to successfully
execute the scope of work covered under the package within stipulated completion
period. This assessment shall inter-alia include (i) document verification; (ii) bidders
work/manufacturing facilities visit ; (iii) manufacturing capacity, details of works
executed , works in hand , anticipated in future & the balance capacity available for
the present scope of work; (iv) details of plant and machinery, manufacturing and
testing facilities, manpower and financial resources; (v) details of quality systems in
place ; (vi) past experience and performance ; (vii) customer feedback ; (viii) banker’s
feedback etc.
POWERGRID reserves the right to waive minor deviations if they do not materially
affect the capability of the Bidder to perform the contract.
Part-A
1.1.1 The bidder must have successfully executed one sub-station or switchyard of
110/132 kV class or above having atleast 2(two) circuit breaker bays during
last 10 years as on the date of bid opening and which must be in satisfactory
operation for atleast 2 (two) years as on the date of bid opening, provided
1.1.1.1 the 220kV class Circuit breaker and Power Transformer being offered
are from manufacturer(s) who have designed, manufactured, type
tested and supplied the respective equipment (s) of 220kV or above
class which must be in satisfactory operation for atleast 2 (two) years
as on the date of bid opening.
OR
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
Substation Package associated with Consultancy Services for MEW, Afghanistan
ANNEXURE - A (SCC)
Page 2 of 5
1.1.1.2 the 220kV class Circuit breaker and Power Transformer being offered
are from manufacturer(s) who have established production line for
these equipments , based on technological support of a parent
company or collaborator for the respective equipment(s) can also be
considered provided that
1.1 .2 For the purpose of qualifying requirement, one no. of circuit breaker bay
shall be considered as a bay used for controlling a line or a transformer or a
reactor or a bus section or a bus coupler and comprising of at least one circuit
breaker, two disconnectors and three nos. of single phase CTs / Bushing CTs.
For the purpose of this particular bid, bidders shall meet the following
minimum criteria:
(a) Minimum Average Annual Turnover *(MAAT) for best three years i.e.
36 months out of last five financial years of the bidder should be
Rs.693.18 million or equivalent.
(b) Bidder shall have liquid assets (L.A.) or/and evidence of access to or
availability of credit facilities of not less than Rs.115.53 million or
equivalent.
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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ANNEXURE - A (SCC)
Page 3 of 5
1.3.1 In case a bid is submitted by a Joint Venture (JV) of two or more firms as
partners, joint venture must comply the following minimum criteria as per
1.3.1.1
1.3.1.1 i) The lead partner shall meet, not less than 40% of the minimum
criteria given at para 1.2 a) & (b) and 100% of criteria given at
1.1.1, above.
a) not less than 25% of the criteria given at 1.2 a) & (b)
above.
1.3.2 The joint Venture must satisfy collectively the Criteria of clause 1.2 above for
which purpose the relevant figure of average annual turnover and liquid
assets / credit facilities for each of the partners of the JV shall be added
together to arrive at Joint Venture total capacity.
1.3.3 one of the partners shall be nominated as Lead Partner, and the Lead Partner
shall be authorized to incur liabilities and receive instructions for and on
behalf of any and all partners of the Joint Venture, and the entire execution of
the Contract shall be done with the Lead Partner and payment under the
contract shall be received by the Lead Partner on behalf of the Joint Venture as
per power conferred to him in the Power of Attorney. The authorization shall
be evidenced by submitting a Power of Attorney signed by legally authorized
signatory of all the partners as per Performa in section “Annexure” of Special
Conditions of Contract, Vol-1A. The payment under the Contract can also be
received by other partner(s) based on authorization of Lead Partner.
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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ANNEXURE - A (SCC)
Page 4 of 5
1.3.4 All partners of the joint venture shall be liable jointly and severally for the
execution of the Contract in accordance with the Contract terms and a copy of
the agreement entered into by the joint venture partners having such a
provision shall be submitted with the bid.
A statement to this effect shall be included in the authorisation mentioned
under (a) above as well as in the Bid Form and in the Contract Form (in case
of a successful bid);
1.4 The bidder shall have a project manager with 15 years experience in
executing such contract of comparable nature including not less than five
years as manager.
PART B
1.1 i) Bidder shall submit a certificate from their Banker(s) as per format (as
per Appendix to Annexure (BDS) of Conditions of Contract vol-I)
indicating various fund based/non fund based limits sanctioned to the
bidder and the extent of utilization as on date. Such certificate should
have been issued not earlier than three months prior to the date of bid
opening.
ii) Bidder shall submit a monthly cash flow projection for execution of
the contract having regard to implementation schedule. Bidder should
indicate how funding gap in each month is proposed to be met.
iii) Bidder shall submit the complete annual reports together with Audited
statement of accounts of the company for last five years.
The Bidder shall submit the audited balance sheet and income
statement of its own (separate) for the last five (5) years and must
demonstrate the soundness of their financial position showing long
term profitability. Wherever necessary the Employer may make
enquiries with the Bidder’s bankers.
1.2 Bidder shall have adequate sub-station design infrastructure and erection
facilities and capacity and procedures including quality control.
2.0 To be qualified for award, bidders shall provide evidence satisfactory to the
Employer of their capability and adequacy of resources to carry out the
Contract effectively. Bids shall include the following information:
d) Litigation History
Information regarding any current litigation in which the bidder is
involved, the parties concerned and disputed amount;
3.0 Bids submitted by a joint venture of firms as partners shall comply with
following requirements.
a) the bid shall include all the information listed in subclause 2.0(a) to (d)
of PART – B above for each joint venture partner
b) the bid, and in case of successful bid, the Form of Agreement shall be
signed so as to be legally binding on all partners;
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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ANNEXURE-B(SCC)
Page 1 of 1
BANK CERTIFICATE
Their financial transactions with our Bank have been satisfactory. They enjoy the following
fund based and non fund based limits including for guarantees, L/C and other credit facilities
with us against which the extent of utilization as on date is also indicated below:
Sd/-
Name of Bank
Name of Authorised
Signatory
Designation
Phone No.
Fax No.
Address
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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ANNEXURE-C(SCC)
Page 1 of 1
To
M/s.
Dear Sir,
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
Substation Package associated with Consultancy Services for MEW, Afghanistan
ANNEXURE-D(SCC)
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS THAT WE, the Partners whose details are
given hereunder _______________________ have formed a Joint Venture under the
laws of _________________________________ and having our Registered
Office(s)/Head Office(s) at __________________________ (hereinafter called the
'Joint Venture' which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators and assigns) acting through M/s.
_____________________________ being the Partner in-charge do hereby constitute,
nominate and appoint M/s. __________________ a Company incorporated under the
laws of _______________________ and having its Registered/Head Office at
_______________________ as our duly constituted lawful Attorney (hereinafter called
"Attorney" or " Authorised Representative" or "Partner In-charge") to exercise all or
any of the powers for and on behalf of the Joint Venture in regard to Sub-Station
Package for _______________________________________________ 220/20kV
Charikar (New) and 220/20kV Doshi (New) Substations associated with Consultancy
Services for MEW, Afghanistan (Specification No. : __________________) of Power
Grid Corporation of India Ltd., having its Registered Office at B-9, Qutab Institutional
Area, Katwaria Sarai, New Delhi-110016, INDIA (hereinafter called the "Employer")
and the bids for which have been invited by the Employer, to undertake the following
acts :
i) To submit proposal and participate in the aforesaid Bid Specification of the Employer
on behalf of the "Joint Venture".
ii) To negotiate with the Employer the terms and conditions for award of the Contract
pursuant to the aforesaid Bid and to sign the Contract with the Employer for and on
behalf of the " Joint Venture".
iii) To do any other act or submit any document related to the above.
iv) To receive, accept and execute the Contract for and on behalf of the "Joint Venture".
It is clearly understood that the Partner In-charge (Lead Partner) shall ensure
performance of the Contract(s) and if one or more Partner fail to perform their
respective portion of the Contract(s), the same shall be deemed to be a default by all the
Partners.
It is expressly understood that this Power of Attorney shall remain valid binding and
irrevocable till completion of the Defect Liability Period in terms of the Contract.
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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ANNEXURE-D(SCC)
Page 2 of 2
The Joint Venture hereby agrees and undertakes to ratify and confirm all the
whatsoever the said Attorney/ Authorised Representative/Partner In-charge quotes in
the bid, negotiates and signs the Contract with the Employer and/or proposes to act on
behalf of the Joint Venture by virtue of this Power of Attorney and the same shall bind
the Joint Venture as if done by itself.
IN WITNESS THEREOF the Partners constituting the Joint Venture as aforesaid have
executed these presents on this ______________ day of ___________ under the
Common Seal(s) of their Companies.
The Common Seal has been affixed there unto in the presence of :
WITNESS
1. Signature
Name
Designation
Occupation
2. Signature
Name
Designation
Occupation
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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ANNEXURE-E(SCC)
Page 1 of 4
THIS joint venture agreement executed on this ______________ day of ____________ Two
thousand and ________ between M/s. ________________________________ a company
incorporated under the laws of ___________________________ and having its registered
office at ____________________________________________ (hereinafter called the "Lead
Partner" which expression shall include its successors, executors and permitted assigns), M/s.
_______________________________________a company incorporated under the laws of
________________________________________ and having its registered office at
______________________________________(hereinafter called the "Partner" which
expression shall include its successors, executors and permitted assigns) and M/s.
___________________ a company incorporated under the laws of
____________________________________________________________and having its
registered office at _______________________ (hereinafter called the "Partner" which
expression shall include its successors, executors and permitted assigns) for the purpose of
making a bid and entering into a contract (in case of award) for Construction of Sub-Station
Package for _____________________________ __________________ associated with
[Name of the Project] (Specification No. : ___________________) of Power Grid
Corporation of India Ltd., a company incorporated under the companies act of 1956 having
its Registered Office at B-9, Qutab institutional Area, Katwaria Sarai, New Delhi 110016,
India (hereinafter called the "Employer”).
WHEREAS the Employer invited bids as per the above mentioned Specification for the
design, manufacture, supply, erection, testing and commissioning of Equipment/ Materials
stipulated in the bidding documents under subject Package which is Sub-Station Package for
_______________________________________________ associated with [Name of the
Project] (Specification No. : ___________________).
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
Substation Package associated with Consultancy Services for MEW, Afghanistan
ANNEXURE-E(SCC)
Page 2 of 4
Annexure-A(SCC), Section SCC and in such a case, the Bid shall be signed by all the
partners so as to legally bind all the Partners of the Joint Venture, who will be jointly and
severally liable to perform the Contract and all obligations hereunder.
The above clause further states that the Joint Venture agreement shall be attached to the bid
and the Contract Performance Guarantee will be as per the format enclosed with the bidding
document without any restriction or liability for either party.
AND WHEREAS the bid has been submitted to the Employer vide proposal No.
___________________ dated _____________________ by Lead Partner based on the Joint
Venture agreement between all the Partners under these presents and the bid in accordance
with the requirements of Annexure-A(SCC) (Qualifying Requirements of the Bidder),
Section -SCC has been signed by all the partners.
In consideration of the above premises and agreements all the Partners to this Joint Venture
do hereby now agree as follows :
2. In case of any breach of the said Contract by the Lead Partner or other Partner(s)
of the Joint Venture agreement, the Partner(s) do hereby agree to be fully
responsible for the successful performance of the Contract and to carry out all the
obligations and responsibilities under the Contract in accordance with the
requirements of the Contract.
3. Further, if the Employer suffers any loss or damage on account of any breach in
the Contract or any shortfall in the performance of the equipment in meeting the
performance guaranteed as per the specification in terms of the Contract, the
Partner(s) of these presents undertake to promptly make good such loss or
damages caused to the Employer, on its demand without any demur. It shall not
be necessary or obligatory for the Employer to proceed against Lead Partner to
these presents before proceeding against or dealing with the other Partner(s).
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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4. The financial liability of the Partners of this Joint Venture agreement to the
Employer, with respect to any of the claims arising out of the performance of
non-performance of the obligations set forth in the said Joint Venture agreement,
read in conjunction with the relevant conditions of the Contract shall, however,
not be limited in any way so as to restrict or limit the liabilities of any of the
Partners of the Joint Venture agreement.
5. It is expressly understood and agreed between the Partners to this Joint Venture
agreement that the responsibilities and obligations of each of the Partners shall be
as delineated in Appendix-I (*to be incorporated suitably by the Partners) to this
agreement. It is further agreed by the Partners that the above sharing of
responsibilities and obligations shall not in any way be a limitation of joint and
several responsibilities of the Partners under this Contract.
8. It is further agreed that the Joint Venture agreement shall be irrevocable and shall
form an integral part of the Contract, and shall continue to be enforceable till the
Employer discharges the same. It shall be effective from the date first mentioned
above for all purposes and intents.
IN WITNESS WHEREOF, the Partners to the Joint Venture agreement have through their
authorised representatives executed these presents and affixed Common Seals of their
companies, on the day, month and year first mentioned above.
Name ____________________________
Signature _________________________ Designation ________________
Name ____________________________ Common Seal of the company
Designation _______________________ ___________________________
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Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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Name ____________________________
Signature _________________________ Designation ________________
Name ____________________________ Common Seal of the company
Designation _______________________ ___________________________
WITNESSES
1. __________________________________ 2. ___________________________
(Signature) (Signature)
__________________________________________________________________________
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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THIS DEED OF UNDERTAKING executed this __________ Day of Two thousand and
______________ by __________________ a Company incorporated under the laws of
__________________ and having its registered office at ______________________
(hereinafter called the “Collaborator” which expression shall include its successors,
executors and permitted assigns), and _______________ Company incorporated under the
laws of ______________ having its registered office at _________________ (hereinafter
called the “Manufacture” which expression shall include its successors, executors and
permitted assigns) and _____________ a company incorporated under the laws of
_____________ having its registered office at _____________ (hereinafter called the
“Bidder” which expression shall include its successors, executors and permitted assigns) in
favour of Power Grid Corporation of India Ltd. , having its registered office at B-9, Qutab
Institutional Area, Katwaria Sarai, New Delhi - 110016 (hereinafter called the “Employer”
which expression shall include its successors, executors and permitted assigns)
WHEREEAS the “Employer” invited Bid as per its Specification No. __________ for the
execution of _______________________.
AND WHEREAS the Bidder has Submitted its Bids to the Employer vide proposal
No___________ dated __________ based on the collaboration / association of the
Collaborator with the Bidder/Manufacturer.
1.0 In consideration of the award of Contract by the Employer to the Bidder (hereinafter
referred to as the “Contract”) we, the Collaborator and the Bidder/Contractor and / or
manufacturer do hereby declare that we shall be jointly and severally bound unto the
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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Power Grid Corporation of India Ltd., Employer) for the successful performance of
the *_________ and shall be fully responsible for the design, manufacture, testing,
supply on FOR destination delivery at site basis, supervision of unloading at site,
storage, erection, testing & commissioning and successful performance of the
*____________ in accordance with the Contract specifications.
2.0 Without in any way affecting the generality and total responsibility in terms of this
Deed of Undertaking, the Collaborator in particular hereby agrees to depute their
technical experts from time to time to the Bidder’s/Contractor’s/ Manufacturer's
works/Employer Project site as mutually considered necessary by the
Employer/Bidder/Contractor, Manufacturer and the Collaborator to ensure proper
design, manufacture, testing supply on FOR destination delivery at site basis,
supervision of unloading at site, storage, erection, testing & commissioning and
successful performance of the equipment in accordance with contract specifications
and if necessary the Collaborator shall advise the manufacturer / Contractor suitable
modifications of designs and implement necessary corrective measures to discharge
the obligations under the Contract.
3.0 This Deed of Undertaking shall be construed and interpreted in accordance with the
laws of India and the Courts in Delhi shall have exclusive jurisdiction in all matters
arising under the undertaking.
5.0 We, the collaborator/the Bidder/Contractor and/or Manufacturer agree that this
undertaking shall be irrevocable and shall form an integral part of the Contract and
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
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further agree that this undertaking shall continue to be enforceable till the Employer
discharges it. It shall become operative from the effective date of Contract.
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(ii) In the event the Bidder is a Manufacturer and the Collaboration is between
Collaborator and the Bidder, then the JU shall be modified accordingly.
(iii) *The equipment for which Joint Deed of Undertaking is to be submitted is to be
inserted.
(iv) The manufacturer may be having ongoing collaboration agreement or had
collaboration agreement in the past with the collaborator.
Annexures to Special Conditions of Contract (Vol-1A) for 220/20kV Charikar (New) and 220/20kV Doshi (New)
Substation Package associated with Consultancy Services for MEW, Afghanistan