Vol 1 Index ITB ETC

Page 1 of 4
6695-CMG-G00-CA-0028, Rev.01
TENDER FOR LSTK Package LSTK-9
Package Description: Automatic Fire Detection and Protection System
SYNOPSIS OF TENDER
SR. NO. VOLUME NO. NO. OF SECTIONS DESCRIPTION

1 1 12 COMMERCIAL
Contains Notice Inviting Tender (NIT), Instructions To Bidders (ITB), General Terms
& Conditions of Contract, General Conditions of Contract, Special Conditions (Part A)
of LSTK Contract, Special Conditions (Part B) of LSTK Contract, Acknowledgement-
Cum-Consent Letter, Proposal Forms, Schedule of Prices (SP) Forms, Commercial
Questionnaire.
2 2 8 PROJECT MANAGEMENT, SCOPE OF SUPPLIES & SCOPE OF WORK
Project Management & Planning, Scheduling & Monitoring System, Vendor List,
Spare Philosophy, Technical Questionnaire, Battery Limit, Scope of Work & Scope
of Supplies.
3 3 3 QA PLANS, CONSTRUCTION SPECIFICATIONS & COMMISSIONING
QA Plan For Engineering & Shop Inspection, Construction Specifications,
Construction QA & QC Requirements, Construction HSE Requirements, Construction
Management Guideline, Commissioning & Performance Test Run
4 4 7 FEED DOCUMENTS
Design Basis, System Description , Equipment List , PFDs, Equipment Datasheets,
Technical Specifications, General Engineering Specifications, Overall Plot Plans
(Conceptual), Piping Specification, Civil Standard drawings, Single Line Diagrams,
Installation Standards etc.
5 5 1 REFERENCE DOCUMENTS
Licensor BEP and Other Reference DocumentS
VOLUME - 1
COMMERCIAL
SECTION
PART NO. DOCUMENT NO. DESCRIPTION REV.
NO.
1 6695-CMG-G00-CA-0028 Notice Inviting Tender (with enclosures listed therein) -----
2 6695-CMG-G00-CA-0028 Acknowledgement-Cum- Consent Letter 00
3 6695-CMG-G00-CA-0028 Instructions To Bidders - (I.T.B.) (with enclosures listed therein) 00
4 ------------------------ Confidentiality Agreement Format -----
5 ------------------------ Bank Guarantee Format -----
6 ------------------------ Declaration Form for availing Purchase Preference -----
7 ------------------------ Proposal Forms - Form A-P -----
8 6695-CMG-G00-CA-0028 Special Conditions of Contract (Part A) (with enclosures listed therein) 00
9 6695-CMG-G00-CA-0028 Special Conditions of Contract (Part B) (with enclosures listed therein) 00
10 ------------------------ General Conditions of Contract (GCC Indigeneous) -----
11 ------------------------ Bid Securing Declaration Form -----
12 6695-CMG-G00-CA-0028 Commercial Questionnaire 00
13 6695-CMG-G00-CA-0028 Price Schedule Form 00
Price Sschedule Form for One Year Operation and Maintenance Spares
14 6695-CMG-G00-CA-0028 00
(Form SP-3)
15 ------------------------ Pre Contract Integrity Pact -----
VOLUME - 2
PROJECT MANAGEMENT, SCOPE OF SUPPLIES & SCOPE OF WORK
1 Project Management
1 6695-PMG-G00-BD-0005 Project Execution Plan Requirement For Contractor 03
2 6695-HES-537-AB-0001 Document matrix 00
3 6695-PDM-G00-BD-0002 Vendor's Documentation 02
4 6695-PMG-G00-BD-0006 IT & Software Requirements 00
5 6695-PDM-G00-BD-0001 Document Coding 01
2 Project Planning, Scheduling & Monitoring System
1 6695-PSC-G00-BE-0006 Project Planning, Scheduling & Monitoring System For Contractor 02
3 Vendor List & Spare Philosophy
1 6695-CGM-G00-CA-0028 Sub-Vendor List for FDA & Fire Protection Equipment 00
2 6695-HES-537-CA-0002 Spare Philosophy 00

4 Job Instruction
1 6695-HES-537-CA-0003 General Job Instructions to Contractor 00
2 6695-HES-537-CA-0004 Technical Questionnaire 00
5 Battery Limit Documents
Page 2 of 4
SECTION
NO.
1 6695-HES-537-CA-0001 Battery Limit Drawing -Fire Protection System 01
2 6695-ELT-537-CA-0002 Battery Limit & Interfaces - Electrical 01
6 Scope Of Work
1 6695-HES-537-CA-0005 Scope Of Work For Contractor -General (Fire Protection System) 00
2 6695-EQM-537-CA-0001 Scope Of Work For Contractor - Rotating Equipment 00
3 6695-PIP-537-CA-0002 Scope of Work for Contractor - Piping & Material Handling 00
4 6695-CVC-537-CA-0001 Scope Of Work For Contractor - Civil, Structural & Architectural 01
5 6695-ELT-537-CA-0001 Scope Of Work For Contractor - Electrical 00
VOLUME - 3
QA & HSE PLANS
1 Quality Assurance Plan Requirement

Project Inspection & Test Plan For Shop Inspection - Static Equipment &
1 6695-IEX-G00-EC-0001 00
Packages (For Electrical, refer respective ELTech Specs)
2 6695-CMG-G00-CA-0005 Construction Quality Assurance & Control Requirements 01
General Engineering Specification for Non-API Pumps Centrifugal Pumps –
3 6695-EQM-G00-EC-0008 01
Shop Inspection & Test
4 6695-ELT-G00-QA-0001 QAP for Site Installation, testing & Commissioning - Electrical 00
5 6695-HES-537-CA-0006 Inspection categorisation plan 00
2 Health, Safety & Environmental Requirements
1 6695-PRC-G00-BG-0001 Health, Safety & Environmental Requirements For Engineering 02
2 6695-CMG-G00-CA-0003 Construction Health, Safety & Environmental Requirements 02
3 1 6695-CMG-G00-CA-0004 Construction Management Requirements 01
VOLUME - 4
FEED DOCUMENT
1 PROCESS
1 6695-PRC-G00-EC-0001 Project Design Basis 02
2 6695-PRC-000-FB-0101 to 0105 Legend sheet P&ID's 02
3 6695-PRC-537-BG-0002 Precommisioning & Commissioning requirements 00
2 ROTATING
1 General Engineering Specifications & Other Technical Documents
1.1 6695-EQM-G00-EC-0002 General Engineering Specification For Non API Pumps 01
2 Technical specifications
2.1 6695-EQM-537-DA-0001 Pump Datasheets for fire water pumps 01
2.2 6695-EQM-537-EC-0001 Technical Specification for Fire Water Pumps 01
3 STATIC EQUIPMENT
1 General Engineering Specifications
1.1 6695-EQS-G00-EC-0007 GES for Painting 01
4 PIPING
1 Drawings / Specifications
1.1 6695-LAY-G00-LD-0001 Overall Plot Plan (with updates under Rev.3) 02
1.2 - Conceptual Part Plans - LSTK packages -
1.3 - Equipment arrangement plans - EPCM units -
1.4 6695-HES-537-MB-0001 Conceptual Layout for Fire Water System 01
1.5 6695-HES-537-FB-0001 P&ID for Fire Water Pumping System & Storage 01
1.6 6695-LAY-537-LD-0001 Conceptual Layout for Fire Water Storage 02
2 Piping Specification
2.1 6695-PIP-G00-EC-0003 Piping Specification 04
2.2 6695-PIP-G00-EC-0006 Technical Specifications For 3-D Model 00
2.3 6695-PIP-G00-EC-0007 Technical Requirement for Pipes,Fittings, Flanges, Gaskets & Fasteners 02
2.4 6695-PIP-G00-EC-0008 Technical Requirement for Valves 03
2.5 6695-PIP-G00-EC-0010 Technical Requirement for Special Parts 03
2.6 6695-HES-537-EC-0001 Design Basis for Fire Fighting System 02
2.7 6695-HES-537-EC-0002 Technical Specification for Fire Protection System 02
2.8 6695-HES-537-EC-0003 Technical Specification for Firefighting Equipment 00
3 General Engineering Specification

3.1 6695-PIP-G00-EC-0001 GES for Above ground steel piping 01
3.2 6695-LAY-G00-EC-0001 GES for Plant Layout 01
3.3 6695-PIP-G00-EC-0002 GES for Piping Flexibility Analysis 01
Page 3 of 4
SECTION
NO.
3.4 6695-PIP-G00-EC-0004 GES for Material Handling Equipment 03
3.5 6695-HES-G00-EC-0001 GES for Fire Fighting System (LSTK Packages) 02
4 Blank Datasheets of Major Equipments

4.1 ------------------------ Data sheet for Hoist 01
5 CIVIL
1 General Documents
1.1 6695-CVC-G00-EC-0001 General Engineering Specification - Civil, Structural & Architectural 03
Technical Specifications for Construction Works - Civil, Structural &
1.2 6695-CVC-G00-EC-0002 00
Architectural
1.3 6695-CVC-G00-EC-0003 Standard Instruction Design Calculation Documentation 01
1.4 6695-CVC-G00-EB-0005 Standard Drawings - Architectural 00
1.5 6695-CVC-G00-EB-0006 Standard Drawings - RCC 00
1.6 6695-CVC-G00-EB-0007 Standard Drawings - Structural Steel 01
Central Control Room Building, Architectural Concepts, Floor Plans and
1.7 6695-CVA-500-TA-0001 01
Sections.
Central Control Room Building, Architectural Concepts, Key Plans,
1.8 6695-CVA-500-TA-0002 01
Specifications and Miscellaneous Details
2 Reference Document
2.1 Geotechnical Investigation Report
2.1.1 6695-CVC-G00-DD-0001_Part A Geotechnical Investigation Report - Preliminary Report of DFR Stage 00
2.1.2 6695-CVC-G00-DD-0001_Part B Geotechnical Investigation Report - 5th Stream Alumina Refinery 00

2.2 Topographic Survey (Contour Plan) Report
2.2.1 6695-CVC-G00-DD-0002_Part A Traverse & Topographic Survey (Contour Plan) Report 00
2.2.2 6695-CVC-G00-DD-0002_PartB Traverse & Topographic Survey (Contour Plan) Report 00

6 ELECTRICAL
1 General
1.1 6695-ELT-G00-EC-0002 General Engineering Specification - Electrical 04
1.2 6695-ELT-G00-FA-0001 Overall Key SLD 05
1.3 6695-ELT-G00-FA-0003 Typical Detail Single Line diagram 02
1.4 6695-ELT-G00-FA-0007 Detail Block Diagram for Fire Alarm System 01
1.5 6695-ELT-526-LH-0003 Substation arrangement layout - Substation US-503 (EPCM) 02
1.6 6695-ELT-526-LD-0002 Cable Tray routing for Substation US-503 00
1.7 6695-ELT-526-LH-0004 Substation arrangement layout - Substation US-505 (EPCM) 02
1.8 6695-ELT-526-LD-0003 Cable Tray routing for Substation US-505 00
1.9 6695-ELT-G00-FA-0002 Block Diagram for earthing & lightning protection concept 00
1.10 6695-ELT-G00-EC-0003 Guidelines For Electrical Equipment Numbering System 02
1.11 6695-ELT-G00-FS-0001 Typical I/O list for SCADA 01
Standard Formats for Lists (Consumer, cable, feeder, LCS,Operation mode
1.12 6695-ELT-G00-EB-0001 00
list)
1.13 6695-ELT-G00-EC-0004 Design Guidelines For Electrical Facilities 02
1.14 6695-ELT-G00-FA-0004 Typical SCADA Block diagram for unit substation level networking 02
1.15 6695-ELT-G00-EC-0098 Technical change log for Electrical Documents 00
2 Technical Specifications of Electrical equipments
2.1 6695-ELT-G00-EC-0008 Technical specification for Fire Detection & Alarm system 02
2.2 6695-ELT-G00-EC-0009 Technical Specifications - Low Voltage Switchgear Panels 02
2.3 6695-ELT-G00-EC-0012 Technical Specifications - Low Voltage Induction Motors 00
2.4 6695-ELT-G00-EC-0015 Technical Specification for Un-Interruptible Power Supply System (UPS) 00
2.5 6695-ELT-G00-EC-0019 Technical Specifications - Low Voltage Cables 00
2.6 6695-ELT-G00-EC-0020 Technical Specifications - Miscellaneous Low Voltage Switchgear 00
2.7 6695-ELT-G00-EC-0021 Technical Specifications - Local Control Stations 00
2.8 6695-ELT-G00-EC-0022 Technical Specifications - Industrial Light Fittings 00
2.9 6695-ELT-G00-EC-0026 Technical Specifications - EOT Crane 01
2.10 6695-ELT-G00-EC-0027 Technical Specifications - Electrical Installation 00
2.11 6695-ELT-G00-EC-0029 Technical Specifications - Electric hoist 01
2.12 6695-ELT-G00-EC-0030 Technical Specifications - GI Cable Trays 01
2.13 6695-ELT-G00-EC-0033 Technical Specifications - Bulk Material 00
7 INSTRUMENTATION
1 General
1.1 6695-INS-G00-EC-0001 General Engineering Specification For Instrumentation & Control 03
VOLUME - 5
REFERENCE DOCUMENTS
Page 4 of 4
SECTION
NO.
8 1 Other Reference Documents
1.1 ------------------------ Environmental documents-CTE Order -----
1.2 ------------------------ Environmental documents-Final EC letter dated 12-04-17 -----
1.3 Existing Site Photographs
Plant Client Contract Code Bidding Doc Number Contract No.
1.0 MTPA ALUMINA
REFINERY STREAM-5 NALCO NAL 6695-CMG-G00-CA-0028 66-6695
DAMANJODI, ODISHA
ACKNOWLEDGEMENT CUM CONSENT
LETTER
Fire Detection and Protection System Package
Rev 00 Page 1 of 3
Unit
ACKNOWLEDGEMENT CUM CONSENT LETTER

1.0 MTPA ALUMINA
DAMANJODI, ODISHA
LETTER
Fire Detection and Protections System Package
Rev 00 Page 2 of 3
Unit
ACKNOWLEDGEMENT CUM CONSENT LETTER
thyssenkrupp Industrial Solutions (India) Private Limited

Uhde House, LBS Marg,
Vikhroli (W), Mumbai 400 083,
India
KIND ATTN: Mr. T. S. Bharadwaj / Mr. Abhay Budgude
SUBJECT: Fire Detection and Protection System Package Unit For 1.0 MTPA ALUMINA REFINERY at
NATIONAL ALUMINIUM COMPANY LIMITED (NALCO) at Damanjodi, Orissa, India.
Bid Document No : 6695-CMG-G00-CA-0028
Dear Sir,
We hereby acknowledge receipt of a complete set of Bidding Document along with

enclosures for preparing the Bid.
We undertake that the Bidding Document shall not be transferred and that the said
documents are to be used only for the purpose for which they are intended.
A) We intend to submit the Bid for the subject work and furnish following details with
respect to our office:
i) POSTAL ADDRESS :
ii a) TELEPHONE NUMBER :
ii b) MOBILE NUMBER : ______________________

iii) TELEFAX NUMBER :
iv) CONTACT PERSON :
v) E-MAIL ADDRESS :
1.0 MTPA ALUMINA
DAMANJODI, ODISHA
LETTER
Fire Detection and Protections System Package
Rev 00 Page 3 of 3
Unit
B) Contact person in India, if any:
i) POSTAL ADDRESS :
ii) TELEPHONE / MOBILE :

NUMBER
iii) TELEFAX NUMBER :
iv) CONTACT PERSON :
v) E- MAIL ADDRESS :
C) We are unable to submit Bid for the reasons given below.
Reasons for non-submission of Bid:
BIDDER'S NAME :
SIGNATURE :
NAME :
DESIGNATION :
DATE :
NOTE: Bidders are requested to furnish the details mentioned at (A) and (B) or
(C) above immediately within 07 (Seven) days after receipt of Bidding
Document.
(SIGNATURE OF BIDDER)
1.0 MTPA ALUMINA 6695-CMG-G00-
REFINERY STREAM-5 NALCO NAL 66-6695
DAMANJODI, ODISHA CA-0028
INSTRUCTIONS TO BIDDERS (ITB)

Fire Detection and Protection System
Package Rev 00 Page 1 of 51
Bidding Document No : 6695-CMG-G00-CA-0028

1.0 MTPA ALUMINA 6695-CMG-G00-CA-
DAMANJODI, ODISHA 0028

INDEX TO INSTRUCTIONS TO BIDDER (ITB)
1.0 INTRODUCTION
2.0 COST OF BIDDING
3.0 SITE LOCATION / SITE VISIT
4.0 BIDDING DOCUMENT
5.0 AMENDMENT OF BIDDING DOCUMENT
6.0 LANGUAGE OF BIDS
7.0 PREPARATION / SUBMISSION OF THE BIDS
8.0 CHECKLIST FOR SUBMISSION OF BID
9.0 FRAUDULENT PRACTICES
10.0 CURRENCIES OF BID
11.0 BID SECURITY / EARNEST MONEY DEPOSIT
12.0 PERIOD OF VALIDITY OF BIDS
13.0 NUMBER OF BIDS
14.0 PRE-BID MEETING
15.0 FORMAT AND SIGNING OF BID
16.0 BIDDING DOCUMENTS AND DEVIATIONS
17.0 SUBMISSION OF BIDS
18.0 DEADLINE FOR SUBMISSION OF BIDS
19.0 SUB-VENDOR LIST
20.0 PRICES TO BE IN FIGURES AND WORDS
21.0 CORRECTIONS AND ERASURES
22.0 LATE BIDS / UNSOLICITED BIDS
23.0 MODIFICATION AND WITHDRAWAL OF BIDS
24.0 OPENING OF BIDS
25.0 CLARIFICATION OF BIDS
26.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS
27.0 BID EVALUATION CRITERIA
28.0 COMPLETE SCOPE OF SUPPLIES / WORK
29.0 MEETING WITH BIDDERS PRIOR TO OPENING OF PRICE BID
30.0 OPENING OF PRICE BIDS
31.0 EVALUATION AND COMPARISON OF PRICES
32.0 DISCHARGE OF EFFLUENTS
33.0 REBATE / PRICE INCREASE
34.0 CONTACTING OWNER / CONSULTANT
35.0 OWNER’S RIGHT TO ACCEPT/REJECT BIDS
36.0 NOTIFICATION OF AWARD
37.0 CONTRACT AGREEMENT
38.0 SIGNING OF CONTRACT
39.0 CONTRACT PERFORMANCE BANK GUARANTEE
40.0 COST OF BIDDING DOCUMENTS
41.0 CONFIDENTIALITY OF DOCUMENTS
42.0 INFORMATION TO BE FURNISHED BY FOREIGN CONTRACTORS
43.0 INSPECTION
44.0 INDEPENDENT EXTERNAL MONITOR (IEM)


45.0 ANTI-PROFITEERING PROVISIONS

46.0 MAKE IN INDIA
47.0 GUIDELINES FOR ELIGIBILITY OF A BIDDER FROM A COUNTRY WHICH
SHARES A LAND BORDER WITH INDIA
ENCLOSURES:
a) PROFORMA FOR FOREIGNER'S VISIT - TEMPORARY GATE PASS( NOT

APPLICABLE TO THIS BIDDING DOCUMENT). ( ANNEXURES 1 AND 2 ARE NOT
APPLICABLE)
b) ANNEXURE –3: Integrity Pact : The Format of Integrity Pact is enclosed
as a separate PDF Document with this ITB.
c) Annexure-4:PROFORMA OF DECLARATION OF HOLIDAY LISTING
d) Annexure-5 :FORMAT OF CHECK LIST
e) Annexure 6: INSTRUCTIONS FOR E-TENDERING
f) Annexure -7:Bid Security Declaration Form ( in lieu of EMD)
g) Annexure – 8 : Revised Procedure to provide preference to “Make in
India”
h) Annexure 9 :Guidelines for eligibility of a bidder from a country which
shares a land border with India.
i) FORMAT OF BANK GUARANTEES( enclosed as PDF set with this ITB)
j) Format of NDA ( Secrecy Agreement ) ( enclosed a separate Word
Document )
k) Declaration Form for PPLC ( enclosed as a separate Word Document)
…………………………………………………………………..

1.0 INTRODUCTION
1.1 M/s. National Aluminium Company Ltd. (NALCO) propose to engage experienced Contractor
for the Fire Detection and Protection System Package for Alumina Refinery at
Damanjodi, Odisha. The Instruction to Bidder / Tenderers (ITB) is for the above referred
Work. The Bidding Document is to be referred to by the prospective Bidder / Tenderer for
participation for the above Package.
NALCO have retained thyssenkrupp Industrial Solutions (India) Private Limited (tkIS-India)
(Formerly Uhde India Private Limited) as their CONSULTANT for implementation of the above
Project.
tkIS-India for and on behalf of NALCO (Owner) invites Bids under single stage two bid system,
for the entire work covered under the Bidding Document (hereinafter referred as Work). All
bids are to be completed and returned in accordance with and within the time provided in
these Instructions to Bidders. All Bidders shall note that this Tender is on Domestic
Competitive Bidding Basis.
1.2 It shall be the Bidder's responsibility to have a thorough understanding of the site conditions
and take the same into account while submitting his bid for the above work.
1.3 The Bidder shall carefully study the provisions contained in the Bidding Document and
specifications and quote his prices accordingly.
1.4 Definitions:
With respect to this document, the following definitions shall apply:
i) "Instructions to Bidder" shall mean the documents describing the manner in which the
Bidder shall prepare and submit his bid.
ii) "Project "means Expansion of Alumina Refinery at Damanjodi for implementation of 5th
Stream with an annual production capacity of 1 Million tonnes, with related expansion of
Port Facility at Visakhapatnam.
iii) "Bid" shall mean Bidder’s offer to perform and execute the work strictly in
accordance with the Bidding Documents.
iv) "Bidding Document" or “ Bid Document” or "Bidding Documents" shall mean all the
documents listed herein and also listed in the Master Index and any subsequent
addenda/amendments issued by the Owner (NALCO)/CONSULTANT, based on which
Bid is to be submitted.
v) "Bidder" shall mean the person or company who submits the Bid or Tender to the
Owner / Consultant against the Bidding Document.

vi) Throughout this Bidding Document, the term "Bid" and "Tender" and their derivatives
("bidder", "Bid", "bidding" etc.) are synonymous, and day means calendar day. Singular
also means plural.
vii) “Order Value” means Total Contract Value or Total Contract Price or Total Order
Value and is the sum of prices for both supply and services exclusive of taxes &
duties as applicable.
viii) "BQC" means Bidders' Qualification Criteria.
ix) Unless otherwise specifically stated, the masculine gender shall include the feminine and
neuter genders and vice-versa and the singular shall include the plural and vice-versa.
x) The definitions shall apply to all the expressions defined above when used in the contract
documents, whether expressed wholly in capitals or partly in capital or with the first letter
in capital or wholly in ordinary letters.
2.0 COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and delivery of its bid
including (but not limited to) costs and expenses related to visits to the site(s)
and other locations, and the cost of any tests, investigations, evaluations and
consultations. The OWNER / Consultant shall in no case be responsible or liable for any
costs regardless of the outcome of the bidding process.
3.0 SITE LOCATION / SITE VISIT
3.1 SITE LOCATION

The Alumina Refinery Plant of NALCO is located at Damanjodi, Odisha, India.
Plant Location: Country : India

State : Odisha
3.2 SITE VISIT
3.2.1 The bidder is advised to visit and examine the site of works and its surroundings and
obtain for itself on its own responsibility all information that may be necessary for
preparing the bid and entering into the Contract. Claims of any kind due to
variation or ignorance of site conditions and environmental conditions will not
be eligible in any circumstances.
3.2.2 The bidder and any of its personnel or authorized representatives will be granted
permission by the OWNER to enter upon its premises and lands for the purpose of
such inspection. It is understood that as an implicit condition of such permission, the
bidder, its personnel and/or authorized representative(s) shall be understood to have
released and indemnified the OWNER and its personnel from and against all liability in
respect thereof and to have assumed all responsibility for personal injury (whether

fatal or otherwise), loss of or damage to person or property and any other loss,
damage, cost and expenses incurred as a result of such visit, including those
sustained by any negligence or other act of tort on the part of the OWNER and/or its
personnel and Consultant. During such visits the Bidder shall abide by all the rules and
regulations, as applicable.
3.2.3 For site visit, the bidder may contact :

1. Mr. Sushil Kumar Padhee
General Manager (Proj & CRG)
E-mail: sushil.padhee@nalcoindia.co.in
Mobile No. 9437030531
2. Mr. R S Raju
DGM(Mech), Project
E-mail: rudraraju.raju@nalcoindia.co.in
Mobile No. 9437095638
3.3 ENTRY OF FOREIGN NATIONALS TO REFINERY PREMISES(ONLY TO THE EXTENT

APPLICABLE – SINCE THIS BIDDING DOCUMENT IS ON DOMESTIC COMPETITIVE BIDDING
BASIS)
Bidders are requested to note the following with regard to entry of Foreign Nationals
to Refinery Premises in relation to this Bidding Document :
(A) NALCO has an Alumina refinery in India including the Refinery at Damanjodi in the
State of Odisha.
It may please be noted that all the Refineries are declared as “prohibited place”
under Official secrets Act 1923, where entry of personnel is
restricted/conditioned.
It may also be noted that the visa to be issued by Government of India normally
contains the clause towards no permission for entry/visit to such place, a default
condition, which, if not removed/struck-off by visa issuing authorities, will create
impediment/restriction in movement of personnel of foreign origin deployed at a
particular Refinery, to carry out an activity in terms of engagement/contract with
M/s NALCO.
The same should be kept in mind while submitting request for issue of visa by your
office.
Visa should be business visa (Tourist visa is not allowed for visit of Refinery)
and moreover the visa issuing authority to be requested for allowing them
access to Restricted /Prohibited area/ Place like Refinery while applying for their
Visa in their respective home country.
In case his/her visa has a stamp for not allowing access to protected area,
special permit needs to be obtained by the Foreign Nationals from Home
Ministry of Govt. of India in the required special permit forms of the Govt. of India.
(B) The required permits shall be furnished with the approval of ED (M & R), NALCO,
Damanjodi, Odisha.

(C) Foreign Nationals of Bidder shall carry following documents :

1) Passport with valid visa
2) Two copies of passport size photographs.
3) Laptop /camera & other instruments as they may be carrying with them need
to be mentioned on the Proforma for Foreigner visit.
4) Any other document as may be required by the Government of India/ State

Government / Local Authorities.
5) Bidders are advised in their own interest to check latest Visa rules from
Indian Embassy/ High Commission in their country in case Foreign nationals
are required to be deputed to India during execution of the Contract.
4.0 BIDDING DOCUMENT
The bidder is expected to examine the Bidding Document, including all instructions,
FORMS, terms and conditions of Contract, specifications, drawings and other
documents and to fully familiarize itself with the requirements of the Bidding
Document. Failure to furnish all the information required by the Bidding Document or
the submission of a bid not substantially responsive to the Bidding Document in
every respect may result in the rejection of the Bid.
Throughout this Bidding Document, the term "bid" and "tender" and their derivatives
("bidder/ tenderer", "Bid/tender", "bidding/tendering" etc.) are synonymous, and day
means calendar day. Singular also means plural.
5.0 AMENDMENT OF BIDDING DOCUMENT
5.1 At any time prior to the deadline for submission of bids as well as up to priced bid
opening, the OWNER/CONSULTANT may, for any reason whether at its own
initiative or in response to a clarification or modification requested by any
prospective Bidder(s), modify the Bidding Document.
5.2 Any Amendment thus issued shall be part of the Bidding Document and shall be
binding on all Bidders.
The Bidders will be required to acknowledge receipt of any such

Amendment/Addendum to the Bidding Document. Bidders shall confirm the inclusion
of Amendment/Addendum in their bid and shall follow the instructions issued along
with the Amendment/ Addendum. Failure of the Bidder to submit Bid without taking
cognizance of Amendment / Addendum issued by OWNER/CONSULTANT shall render
the Bid liable for rejection.
5.3 Bidders shall examine the Bidding Document thoroughly and inform the OWNER /
Consultant of any apparent conflict, discrepancy or error, so that the OWNER may issue
appropriate clarification(s) or amendment(s), if required.

5.4 The OWNER/Consultant may, at its discretion, extend the date of submission of Bids
in order to allow the bidders a reasonable time to furnish their most competitive bid
taking into account the amendments issued.
6.0 LANGUAGE OF BIDS
6.1 The Bid prepared by the bidder, all documents attached to and/or relating to the bid
and all correspondence exchanged by the Bidder and the OWNER, shall be written in
English language only.
6.2 Any printed literature furnished by the bidder may be written in another language
provided that this literature is accompanied by an authenticated English translation, in
which case, for purpose of interpreting the Bid, the English translation shall govern.
6.3 In the event of submission of any document / certificate by the Bidder in a
language other than English, the English translation of the same duly authenticated by
Chamber of Commerce in the Bidder's city shall be submitted by the Bidder.
7.0 PREPARATION / SUBMISSION OF THE BIDS
7.1 The bidder is required to submit digitally signed bids. The Bidder shall submit his Bid
along with all documents in the CPP Portal. The Bidder shall also separately submit
certain documents including Bid Security Declaration ( in lieu of EMD) as per Nalco’s
Format in Original, Power of Attorney( either in Original or, if a copy of POA is
submitted, then the copy of POA Must be Notarized in Original) , Integrity Pact( in
original ) , MOU (in original ) , to the Owner within three working days from the
stipulated due date and time for submission of Bids. The documents shall be
submitted at the following address : National Aluminium Company Limited, NALCO
Bhawan, P/1, Nayapalli, Bhubaneswar – 751 013, Odisha. Attn : Mr. Anil Panda – GM
(Elect ). Tel : 9437025561. The Bidder shall mention the Bidding Document Number
and the brief description of the contents, on the envelope in which the above
documents are enclosed. The Bidder shall also upload the signed and scanned copy
of the above documents in the CPP Portal along with their PQ Bid & Technical-
Unpriced Bid.
7.2 The bidder is required to make a proposal in a format as outlined below in order to achieve
the objective of maintaining a uniform proposal structure from all bidders. The bids shall
be submitted strictly as per the instructions of ITB
7.3 The Bid shall be submitted in two parts viz. PART-1 & PART-2:
PART – 1 PQ Bid, Techno-commercial -Unpriced Bid , Bid Submission Declaration

( in lieu of EMD) , Integrity pact , Other Documents stipulated in the ITB..
PART – 2 Priced Bid
Techno-commercial / Unpriced Bid (PART-1) will contain the following documents :


7.3.1 BID Security Declaration ( in lieu of EARNEST MONEY DEPOSIT) as per Nalco’s format is to be
submitted by Bidder.
7.3.2 TECHNO-COMMERCIAL/UNPRICED BID shall contain following documents;
SECTION-I:
i) All Documents evidencing fulfillment of the stipulated Bidders Qualification
Criteria (BQC) and all other documents mentioned in the NIT regarding the BQC.
These documents shall be submitted by the Bidder in original hard copy to the
Owner within 03 ( three) working days from the due date of submission of Bids.
A scanned copy of the entire set of documents evidencing fulfillment of the
stipulated Bidders Qualification Criteria (BQC) and all other documents
mentioned in the NIT regarding the BQC shall be uploaded by the Bidder in the
CPP Portal within the due date and time of submission of Bids. In the event of
any discrepancy in the documents uploaded on CPP Portal and the hard copy
of the document submitted to the Consultant, the documents uploaded on the
CPP Portal shall prevail.
ii) Letter of submission.

iii) Form of Bid as per PROPOSAL FORM-A including Annexure of Information
about the Bidder.
iv) Bidder shall along with its techno-commercial Bid submit one copy of the Table
of Contents (also referred as Master Index) of the Bidding Document duly signed
and stamped on each page, in token of having received the complete set of the
Bidding Document and its acceptance.
v) Power of Attorney in favour of Bid Signatory. This shall be submitted in original
to the Owner within 03 ( three) working days from the due date of submission
of Bids. Bidder shall upload a scanned copy of the Power of Attorney of Bid
Signatory with their Techno-Commercial Unpriced Bid in the CPP Portal.
vi) Declaration as per PROPOSAL FORM-B duly signed & stamped by the
bidder in token of having received and read all volumes of the commercial &
technical documents and having accepted and considered the same in
preparing and submitting the bid.
vii) Bid Security Declaration as mentioned above.
viii) Vendor List prepared by Bidder for any items not covered in the Vendor List
enclosed with this Bid Document. NALCO / Consultant reserve the right to
accept / reject / add any or all vendors in this list. Vendor List enclosed by Owner
/ Consultant with this Bidding Document should be strictly followed by the Bidder
for enquiry and order placement, without any deviation.
viii) Memorandum of Understanding (MOU) as mentioned in the NIT and this ITB.
This shall be submitted in original to the Owner within 03 ( three) working days
from the due date of submission of Bids. Bidder shall upload a scanned copy
of these documents with their Techno-Commercial Unpriced Bid in the CPP
Portal.

SECTION-II:
i) Deployment Schedule of construction equipment, tools & tackles proposed
for execution of work as per PROPOSAL FORM-C.
ii) Methodology of Execution as per PROPOSAL FORM-D.
iii) Details of proposed Organization for Home and Site Office as per PROPOSAL
FORM-E.
iv) Deployment Schedule of Supervisory personnel & Construction Workers, as
per PROPOSAL FORM-F.
v) Project Schedule in the form of Bar Chart.
SECTION-III:
i) Details of concurrent commitments as per PROPOSAL FORM-N.
ii) Declaration about Bidder’s Income Tax Liability in India as per PROPOSAL
FORM-G.
iii) Information about any Current Litigation / Arbitration, if any, in which bidder is
involved as per PROPOSAL FORM I.
iv) Partnership Deed in case of partnership firm, OR Memorandum & Articles of
Association in case of limited companies.
v) Certificates mentioned in Annexure 9 to this ITB.
vi) Declaration of Local Content as mentioned in the document related to PPLC (
Make in India ) ( refer Annexure 8 to the ITB)
SECTION-IV:
i) Reply to Commercial Questionnaire.
ii) Blank copy of Schedule of Lumpsum Prices, duly stamped & signed on each
page and marked as “Quoted“ on all the line items.
iii) Integrity Pact, as per NALCO’s format, duly filled-in, signed and stamped by the
Bidder. This shall be submitted in original to the Owner within 03 ( three) days
from the due date of submission of Bids. Bidder shall upload a scanned copy
of the Integrity Pact with their Techno-Commercial Unpriced Bid in the CPP
Portal.
iv) Attested copies of PAN Card, GSTR, PF and ESIC certificates.
SECTION-V:
i) Reply to Technical Questionnaire.
ii) Technical Details / documents specified under “Documents required alongwith
Bid” in Document Matrix.
SECTION-VI:
i) Schedule of Deviations (if any – and ONLY if the deviations are
unavoidable) to the Bidding Document, in the PROPOSAL FORM J.
ii) Technical deviations, if any, must be given separately for each discipline.

SECTION-VII:
i) Any other information required in the Bidding Documents or considered
relevant by the Bidder, including declaration in PROPOSAL FORM K with
regard to non-involvement of Agents.
ii) Proforma of Declaration of Holiday Listing duly signed & stamped by the
Bidder.
iii) Social Accountability 8000 Compliance Format in Proposal FORM O
iv) Details of Safety Statistic of past 3 years in Proposal FORM P
SECTION-VIII:
i) Declaration in PROPOSAL FORM L- Format of Letter of Waiver of conditions
/ deviations.
SECTION-IX:
i) Quality Assurance: A brief description of the bidder’s QA system and a
statement detailing how QA will be implemented for the Project.
SECTION-X:
i) Check-List as per enclosed format.
ii) Any other document which is required to be submitted by the Bidder as per the
provisions of the NIT and ITB.
SECTION XI
i) One complete set of the Bidding Document , along with Addendums, if any, duly
signed and stamped on each page in original in token of Bidder’s acceptance.
These documents shall be submitted by the Bidder in original hard copy to the
Consultant within 03 (three) days from the due date of submission of Bids.
For convenience, the Bid shall be compiled in the form of specific Sections conforming
to the above. In case of non-submission of above documents or submission of
incomplete documents, the OWNER/Consultant reserves the right not to evaluate such
offers further and not to enter into correspondence in this regard after opening the
Techno-commercial / Unpriced Bid.
7.3.3 PART -2 Priced Bid shall consist of:

(i) Total Schedules of Lumpsum Prices as per formats given in the Bidding Documents
duly completed in all respects.
This part shall not contain any condition whatsoever failing which the Bids shall be
liable to be rejected.
No stipulation, deviation, terms & conditions, presumption, basis etc. shall be

stipulated in Price Part of the bid. Any condition if stipulated shall be treated as null
and void and shall render the bid liable for rejection.

(ii)The Bidding Document also includes the Price Schedule Formatsin Excel BOQ,
for the Supplies and Site Work Portion. The priced Bid in the Excel BOQ shall be
uploaded (submitted) only on the CPP Portal.
(iii) The Bidding Document also includes the Price Schedule Form - Form SP-3(
Prices for One Year O & M Spares to be quoted by the Bidder in Form SP-3). The
Bidder should submit the Form SP-3 ( Prices for one year O & M Spares ), the
Item wise Price Break-up of Mandatory Spares and the List of Commissioning
Spares (without price break up of commissioning spares ) ONLY in Hard Copy in
a separate sealed envelope at the office of the Owner at Nalco Bhawan, P/1,
Nayapalli, Bhubaneswar – 751 013, Odisha. Attn: Mr. Anil Panda – GM (Electrical
) (Contact No.94370255561) on or before the due date and time of bid
submission. The Sealed Envelope containing the duly stamped and signed Form
SP-3( Prices for One Year O & M Spares), the item wise price break up of
Mandatory Spares and List of Commissioning Spares shall be superscribed with
the Bidding Document number and the words "Contains Priced Bid -Form SP-3
, Item Wise Price Break-Up of Mandatory Spares and List of Commissioning
Spares -DO NOT OPEN) ". The Form SP-3 ( Prices for One Year O & M Spares)
, and the Itemwise Price Break-Up of Mandatory Spares and List of
Commissioning spares (without prices) should NOT be uploaded ( submitted ) on
the CPP Portal.
(iv) All the Price Schedule Forms shall be duly signed and stamped on each
page.In case of any correction, the Bidder shall neatly strike through the original figure
and write the corrected figure and put it’s signature and stamp. Correction fluid / Eraser
fluid is not allowed for making any correction.
7.4 Although all the details presented in this Bidding Document have been compiled with
all reasonable care, it is the Bidder’s responsibility to ensure that the information
provided is adequate and clearly understood.
7.5 The bid requirements are explicitly stated in the Bidding Document. The Bidder is
required to study these requirements in detail & make a proposal in an outline as
defined above completely meeting these requirements. The offer must be complete in
all respects, leaving no scope for ambiguity. It is in the interest of the Bidder to
submit a complete & comprehensive proposal leaving no scope for OWNER/Consultant
to raise or ask for any further questions or clarifications, with a view that the
proposal may be evaluated only on the basis of what has been submitted by
the bidder in the first instance in order to adhere to a very strict project schedule.
Bidder’s quotation is the responsibility of the bidder and no relief or consideration
can be given for errors and omissions.
7.6 Please refer the enclosed instructions on E-Tendering (Document enclosed with this
ITB).

8.0 CHECKLIST FOR SUBMISSION OF BID
8.1 To assist Bidder in ensuring the completeness of bid, a checklist for submission of various
documents/details in un-priced commercial part of bid has been enclosed.
8.2 Bidder is required to fill the checklist and submit along with the bid for ready reference.
9.0 FRAUDULENT PRACTICES
9.1 The OWNER requires that Bidder/Vendor/ Contractor observe the highest standard
of ethics during the award/execution of Contract. “Fraudulent Practice” means a
misrepresentation of facts in order to influence the award of a Contract to the detriment
of the OWNER, 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 OWNER of the benefits of free and open competition.
9.2 The OWNER will reject a bid for award/ cancel the award as the case may be, if it
determines that the bidder recommended for award has engaged in fraudulent practices
in competing for the Contract in question.
Bidder is required to furnish the complete and correct information/ documents required
for evaluation of their bids, if the information/ documents forming basis of evaluation is
found to be false/ forged, the same shall be considered adequate ground for rejection of
bids/ cancellation of the award and forfeiture of Earnest Money Deposit/ related Bank
Guarantees.
9.3 In case, the information / document furnished by the Bidder/vendor/Contractor forming

basis of evaluation of his bid is found to be false/ forged after the award of the Contract,
OWNER shall have full right to terminate the Contract and get the remaining job
executed at the risk & cost of such Bidder/Vendor/ Contractor without any prejudice
to other rights available to OWNER under the Contract such as forfeiture of CPBG,
withholding of payment etc.
9.4 In case, this issue of submission of false document comes to the notice after execution
of work, OWNER shall have full right to forfeit any amount due to the
Bidder/Vendor/Contractor along with forfeiture of CPBG furnished by the
Bidder/Vendor/Contractor.
9.5 Further, such Bidder/Vendor/ Contractor shall be put on Blacklist / Holiday/ Negative List
of OWNER debarring them from future business with OWNER for the specified time
period, as per the prevailing policy of OWNER.
10.0 CURRENCIES OF BID
Bidders shall quote only in Indian Rupees.


11.0 BID SECURITY DECLARATION ( IN LIEU ) OF EARNEST MONEY DEPOSIT
11.1 The Bidder shall submit the Bid Security Declaration ( in lieu of Earnest Money Deposit)
as per Nalco’s format enclosed with this Bidding Document.
12.0 PERIOD OF VALIDITY OF BIDS
12.1 Bids shall remain valid for Six (6) months from the due date ( or extended due date, if any
) for submission of Bid. A bid valid for a shorter period may be rejected by the
OWNER as non- responsive.
12.2 Notwithstanding the above, the OWNER may solicit the bidder’s consent to an extension
of the period of bid validity. The request and the responses thereto shall be made in
writing.
12.3 If the bidder agrees to the extension request, the validity of the bid security (if Bid security
is applicable) shall also be suitably extended.
13.0 NUMBER OF BIDS
13.1 A Bidder shall not submit more than one Bid either directly or indirectly
13.2 Alternative bids will not be considered.
14.0 PREBID MEETING
14.1 The bidder or his authorized representative(s), is advised to attend a pre-bid meeting.
The modalities of such a meeting ( ie. either in person or by webex, or by VC or by
TEAMS etc- as decided by Owner / Consultant ) shall be intimated to the Bidder in due
course The purpose of the meeting will be to clarify issues and to answer questions
on any matter pertaining to the Bidding Document conditions that may be raised
at that stage by Bidders .
14.2 The bidder may submit any queries/clarification/information pertaining to Bidding
Documents in writing delivered by hand or by e-mail/fax as per PROPOSAL FORM M
enclosed in the Bidding Documents so as to reach OWNER/CONSULTANT not later
than the date specified in the NIT / Letter Inviting Bid. Queries / Clarifications /
Information sought in any other manner shall not be responded to.
14.3 The OWNER’s responses to Bidder’s queries / clarifications raised will be furnished as
expeditiously as possible. Any modification of the Bidding Documents which may

become necessary as a result of the pre-bid meeting / conference, shall be sent to all
bidders to whom the Bidding Documents have been issued, through the issue of an
Amendment / Addendum. The response shall not form part of the Bidding
Document unless issued as an Addendum/ Amendment.
14.4 The CONTRACTOR shall provide execution methodology for the LSTK Project
covering detailed engineering, procurement, logistics, construction, installation and
commissioning etc. The CONTRACTOR shall give Power Point presentation to the
CONSULTANT / OWNER, explaining the execution methodology at CONSULTANT /
OWNER’s office. All presentation related costs shall be borne by the CONTRACTOR.
15.0 FORMAT AND SIGNING OF BID
15.1 The bid shall be signed by the bidder or a person or persons duly authorized to sign
on behalf of the bidder. Such authorization shall be indicated by written power of
attorney accompanying the bid.
15.2 The bid shall contain no interlineations, erasures or overwriting except as

necessary to correct errors made by the bidder, in which case, such corrections shall
be signed in full by the person or persons signing the bid. In the event of any
discrepancy between the original of the Bid and its copies, the original shall govern.
15.3 All signatures in bids shall be dated and shall bear a seal of the Bidder. In addition, all
pages of the bids shall be initialed by the Bidder.
15.4 The Bidder shall sign and affix its seal on all pages of the Priced bid.
16.0 BIDDING DOCUMENTS AND DEVIATIONS
16.1 Bidders shall confirm compliance to the Bidding Document as per PROPOSAL FORM
L.
16.2 It is expected that bidders will submit bids based strictly on the terms and conditions
and specifications contained in the Bidding Document and will not stipulate any
deviations. Bidders shall confirm compliance to the Bidding Document as per
PROPOSAL FORM L. Should it, however, become unavoidable, deviations should be
separately and specifically stipulated only in the prescribed Proposal FORM-J.
OWNER/CONSULTANT reserves the right to reject as non-responsive any bid
containing unacceptable deviation(s). Deviations mentioned anywhere other than
in FORM –J shall not be taken cognizance of.

17.1 Bids shall be submitted as per the instructions mentioned in the various clauses of this
ITB. The hard copy of the various documents to be submitted as per the ITB to the
Owner at Bhubaneswar shall be at the address mentioned in Clause No. 7.1 above.
18.0 DEADLINE FOR SUBMISSION OF BIDS
18.1 The bid must be submitted on or before the date, time and venue specified i n
the NIT).
18.2 The OWNER / CONSULTANT may, at their discretion, extend the deadline for the
submission of bids by amending the Bidding Document, in which case all
rights and obligations of the OWNER and Bidders previously subject to the deadline,
will thereafter be subject to the deadline as extended.
19.0 SUB - VENDOR LIST
Sub-Vendor List included by OWNER/CONSULTANT in the Bidding Document should

be followed by the Bidder for enquiry and order placement, without any deviation.
However, if any item which is required for execution of the Project is not included in
the above Sub-Vendor List then the CONTRACTOR shall propose vendors for such
items to the OWNER/CONSULTANT for their prior approval, along with the Proven
Track Record (PTR) of the selected Vendors.
Delay if any, by OWNER/CONSULTANT in approving any Vendor (s) proposed by

CONTRACTOR, or rejection, if any, of Vendor(s), by OWNER/CONSULTANT, shall not
entitle the CONTRACTOR for any claim for time extension or any cost implication.
In case any vendor is placed on the Holiday List of the Owner / Consultant during the
execution of the Contract, OWNER / CONSULTANT shall inform the Contractor
accordingly from time to time. The CONTRACTOR shall ensure that they do not place
orders on any Vendor who is on the Owner’s / Consultant’s Holiday List. The
Contractor shall not be entitled for any claim for time extension or any cost implication,
in this regard.
20.0 PRICES TO BE IN FIGURES AND WORDS


20.1 The bidder shall fill the Schedule of Lumpsum Prices both in figures as well as in words
in the Price Schedule forming part of the Bidding Document, in such a way that
interpolation is not possible. The tendered amount for the work shall be entered in the
Price schedule and duly signed by the bidder.
20.2 When there is a difference between the prices in figures and words, the price in words
shall prevail.
20.3 Price Bid evaluation will be done as mentioned in Clause No. 31 below.
21.0 CORRECTIONS AND ERASURES
21.1 Bidders are required to fill in the tender documents with due care so as to avoid any
corrections / alterations in the entries made in the tender papers.
21.2 In case any corrections are required, the original writings shall be neatly strike through
/ penned through and re-written nearby. No overwriting or erasure of original writings
by use of ‘Correcting fluid’ or the like is permitted. In case any erasure using
‘correcting fluid’ is found, the Bid shall be liable to be rejected.
21.3 All corrections / alterations shall be signed in full by the tenderer with date. Numerical
figures shall be written both in figures as well in words.
22.0 LATE BIDS / UNSOLICITED BIDS
22.1 Any bid received by OWNER/CONSULTANT after the deadline for submission of the
bids (including any extension(s) hereof) will be declared “Late” and rejected.
22.2 Unsolicited bids will not be considered for opening / evaluation / award.
23.0 MODIFICATION AND WITHDRAWAL OF BIDS
23.1 The Bidder may modify or withdraw its Bid after the Bid's submission but prior to the
due date prescribed for submission of Bids, provided that written notice of such
modification or withdrawal is received by the OWNER/CONSULTANT prior to the
deadline prescribed for submission of bids.
23.2 No bid shall be modified subsequent to the deadline for submission of bids.
23.3 No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the
bidder.
24.0 OPENING OF BIDS


24.1 All Bids received on e-mode shall be opened as per Owner’s e-tendering procedure
in Owner’s office in the CPP Portal.
25.0 CLARIFICATION OF BIDS
25.1 To assist in the examination, evaluation and comparison of bids, the

OWNER/CONSULTANT may, at their discretion, ask the bidder for a clarification of his
bid. All responses to a request for clarification shall be in writing, and no change in the
price or substance of the bid shall be permitted unless specifically sought by
OWNER/CONSULTANT.
25.2 If desired by the OWNER/CONSULTANT, the Bidder shall give presentation on salient
features of his bid including but not limited to Project Execution Methodology.
26.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS
26.1 The OWNER/CONSULTANT will examine or cause to be examined the bids to

determine whether they are complete, whether the documents have been properly
signed, and whether the bids are generally in order.
26.2 The bid without the bid security declaration as per Nalco’s format may lead to
rejection of the bid.
26.3 The OWNER/ CONSULTANT will determine to their subjective satisfaction whether the
bidder has submitted a responsive bid and is qualified to satisfactorily perform the
WORK, and such determination shall not be open to question.
26.4 The determination will also take into account the bidder’s financial and technical
capabilities, as well as such other qualifications as the OWNER/ CONSULTANT deem
necessary and appropriate.
27.0 BID EVALUATION CRITERIA
27.1 The offers of only those Bidders who meet the Bid Qualification Criteria stipulated in
the NIT enclosed with the Bidding Document shall be taken up for further Techno
Commercial evaluation. In case any Bidder does not meet the stipulated BQC, his offer
shall be rejected.
27.2 Previous and present performance of the Contractors at NALCO sites shall be
considered while evaluating their offers. In case of poor performance, the offer from
such bidders shall not be evaluated.

27.3 Bidders to note that non-submission of Integrity Pact as per Nalco’s format or non-
acceptance of Nalco’s performance bank guarantee clause will lead to rejection of their
bid. Non-acceptance or deviation to price reduction clause ( PRS clause) is also a
rejection criteria.
27.4 The Bidders should also adhere to the following provisions of the Bidding Document
failing which their bid may be be liable for rejection :
i) Bid Validity Period

ii) Complete Scope of Work/ Supplies as per the provisisons of the Bidding
Document
iii) Proforma of Bank Guarantees
iv) Cancellation of Contract
v) Suspension of work and supplies
vi) Defect Liability Period (Guarantee Period) and associated clauses thereunder
including clauses related to defective parts and materials.
vii) Termination of Contract.
viii) Time Schedule for completion

ix) Arbitration
x) Non submission of Secrecy Agreement (NDA) as per NALCO / NALCO’s licensor
format (if Secrecy Agreement / NDA) is required to be submitted by the Bidder.
xi) Non submission of Price Bid in accordance with the price schedule format
enclosed with the Bidding Document / Non submission of Price Bid based on the
terms specified in the Bidding Document related to the bid prices.
xii) Any other rejection criteria as may be specified elsewhere in the Bidding
Document.
27.5 The Bid may be liable for rejection on any of the following grounds also:
If the Bidder :
a. stipulates his own conditions or stipulates unacceptable terms & conditions.
b. does not confirm in his bid that he shall deploy the key personnel in
accordance with the stipulation of the Bidding Document.
c. does not fill in and sign the the Price Schedule Formats, annexures, etc.
d. does not agree, in his bid, to make available sufficient number of manpower
and machinery required for satisfactory and timely execution of the work.
e. does not quote as per the requirement of Bidding Document.
f. does not have his PF Code Number from the Regional Provident Fund
Commissioner (applicable for Indian Bidders)/ does not have his GSTIN
(applicable for Indian Bidders).
g. quotes partly.
h. submits the tender which is not as per the Bidding Document format.
i. is banned by Nalco and/or is on the holiday list of Nalco or tkis India.

27.6 Bidders to note that price implication on account of withdrawal of unacceptable

deviations is not acceptable.
28.0 COMPLETE SCOPE OF SUPPLIES / WORK
28.1 The complete scope of supplies and work/services has been defined in the Bidding
Document. Only those bidders who take complete responsibility and who bid for the
complete scope of supplies and work/services as contained in the Bidding Document
shall be considered for further evaluation.
28.2 If the CONTRACTOR is required to engage a sub-contractor for construction work

(including mechanical, civil and structural, insulation, painting, electrical,
instrumentation work etc), then such sub-contractors shall have prior proven
experience of similar work and shall require specific approval by OWNER /
CONSULTANT.
Bidders shall submit their Bids with the details of such proposed Sub- Contractors
in line with requirement of SCC.
28.3 If a proposed sub-contractor has been approved by the OWNER/CONSULTANT, the

CONTRACTOR shall not replace such approved sub-contractor with another sub-
contractor without obtaining the OWNER’s/CONSULTANT’s prior approval for the
proposed replacement.
28.4 The Bidder shall along with the bid furnish its Project Execution Plan, which shall be
evaluated for technical acceptability of the Bids.
28.5 The Project Execution Plan shall be submitted as per following basic guidelines:
28.5.1 As a minimum following activities shall be performed by the CONTRACTOR directly

and shall not be sub-contracted:
• Overall Project Management

• Planning, Scheduling, Monitoring
• Engineering
• Procurement
• HSE
• Quality Assurance
• Construction Management / Construction Supervision
• Pre-commissioning, Start Up, Commissioning And Related Activities
 Any other activity which has to be performed by the CONTRACTOR directly as
per the provisions of the Bidding Document .

28.5.2 Bidder shall identify the key persons responsible for the above activities of work by
identifying the relevant persons and submitting the bio-data of such Personnel:
Project Management
Project Director
Project Manager at Contractor’s home office
Project Manager for this work stationed at site
Project Co-ordinators
Planning, Scheduling, Monitoring

Planning & Scheduling Manager
Planning Engineer
Procurement
Procurement Manager
Procurement Engineer
Expeditor
Construction Management
Resident Construction Manager
Lead Construction Engineer for disciplines
o Civil/Structural
o Mechanical
o Electrical
o Instrumentation
o Safety Manager
o QA/QC Engineer
 Any Other Activity/ Discipline as specified elsewhere in the Bidding Document
Project Engineering Management

Engineering Manager
Lead Engineer for all disciplines ( as applicable ) such as:
o Process
o Civil/Structural
o Pressure Vessels
o Rotary Equipment
o Mechanical / Static Equipment
o Electrical
o Instrumentation
o Piping
o Commissioning
 Any Other Activity/ Discipline as specified elsewhere in the Bidding Document
After Award of the job, the successful Bidder shall furnish the bio-data of all key
personnel as mentioned above who are working within Bidder’s Organization. The

same shall be in line with the requirements stipulated in the Special Conditions ( Part
A ) of LSTK Contract .
28.5.3 Bidder shall submit a commitment from its Chief Executive that the Project Progress
Schedule shall be monitored by its Board and all actions required to arrest the failure
/ delays shall be initiated by them at the appropriate time. Such action plan document
shall be sent by the CONTRACTOR’s home office to the Executive Director / OWNER.
28.5.4 Bidder shall ensure that the Project Execution Plan submitted by it is adequate for
completing the work in all respects. All details as mentioned above shall be submitted
along with Bid in the first instance.
28.6 Project Execution Plan shall be evaluated by the OWNER / CONSULTANT and in case
the same is not found adequate for this work, such Bid(s) may be liable for rejection.
29.0 MEETING WITH BIDDERS PRIOR TO OPENING OF PRICE BID
29.1 If required by OWNER, before opening the Priced Bid of the technically &
commercially acceptable Bidders, a meeting with the Bidders shall be arranged. Date,
venue and modalities of such meeting shall be informed at the appropriate time.
29.2 Waiver of deviations and conditions (if any) as per PROPOSAL FORM L, should be
submitted by the Bidders before the opening of the Priced Bid failing which the Priced
Bid of concerned Bidder shall not be opened.
30.0 OPENING OF PRICE BIDS
30.1 The technically and commercially acceptable bids will be shortlisted by the OWNER /
CONSULTANT for opening of price part of their bids. Date, time and venue for opening
of price bids will be informed to the shortlisted bidders subsequently.
30.2 The price bids of the technically and commercially acceptable Bidders will be opened
by Owner in the CPP Portal. Such Bidders may witness the same on the CPP Portal
at their respective places. The bidder’s name, bid price and such other details as the
OWNER at its discretion may consider appropriate, will be announced at the opening
of price bids.

31.0 EVALUATION AND COMPARISON OF PRICES

The prices shall be evaluated considering all of the following:
SUPPLIES (INR)
FOT NALCO Site price , including P&F
charges, freight charges, Inspection and
testing charges, unloading at site and Total Price of all Supply
1 commissioning & mandatory Spares and Items as per BOQ
all items mentioned in Price Schedule
Format
As applicable on Sl. No. 1
2 IGST / CGST & SGST above
As per merit rate on Sl. No. 1
3 GST Compensation Cess (If applicable)
above
4 Total Landed Cost 1+2+3
Insurance to be borne by NALCO @ 0.02% on Sl. No. 4

5
above
6 Technical loadings, if any Not Applicable
On FOT NALCO Site Price in INR
7 Commercial loading, if any (i.e. on Sl. No. 1 above)
8 Total after loading 4+5+6+7
9 Less, Input Tax Credit (-2)
10 Total Comparable Price 8+9
SERVICES and Site Work Portion (INR)
All Site Work and Services mentioned Total Price of all Site Work
1 in Price Schedule Format and Services as per BOQ
As Applicable on Sl. No. 1
2 IGST / CGST & SGST
above
GST Compensation Cess (If Merit rate shall be considered on
3 Sl. No. 1 above
applicable)
4 Commercial loading, if any On Sl. No. 1 above
5 Total after loading 1+2+3+4
6 Less Input Tax Credit (-2)
7 Total Comparable Price 5+6
31.1 TECHNICAL LOADING - DELETED


31.1.2 DELETED
31.2 Price loading on account of payment terms quoted by the Bidder which are at variance
with the payment terms stipulated in the Bidding Document will be loaded @ 10% per
annum for the relevant period.
31.3 Any other Price loading specified elsewhere in the Bidding Document.
32.0 DISCHARGE OF EFFLUENTS
32.1 Besides meeting the guaranteed consumption figures( if any as specified in the Bidding
Document) , the CONTRACTOR should also ensure that discharge of all effluents is
satisfying the various statutory requirements as specified elsewhere in the tender. The
CONTRACTOR shall necessarily remedy / rectify the UNIT or make necessary
replacements, within such time as may be fixed on this behalf by the Engineer-in-
Charge after consulting the OWNER, so as to ensure that effluent discharge is satisfying
the various statutory requirements.
33.0 REBATE / PRICE INCREASE
33.1 Any Suo moto reduction in prices offered by any Bidder within the validity period of the
Bid, by way of discount or revised price, subsequent to the submission of Bid, and
which is not as a result of any change in scope of supply or terms and conditions, will
not be taken into account for evaluation.
33.2 Suo-moto increase in price(s) by any Bidder after the Bid submission due date is not
acceptable and shall lead to rejection of the Bidder’s Bid.
34.0 CONTACTING OWNER / CONSULTANT
34.1 A bidder shall not contact the OWNER/CONSULTANT on any matter relating to his bid
from the time of bid opening to the time, that the Contract is awarded, unless
requested to do in writing. Any effort by a bidder to influence the
OWNER/CONSULTANT in the OWNER’s decisions in respect of bid evaluation or
contract award will result in the rejection of that bidder’s bid.
34.2 However, a Bidder may seek clarifications regarding Bidding Document Provisions,
Bidding Process and/or rejection of his bid. OWNER/Consultant may respond to such
requests within reasonable time.
35.0 OWNER’S RIGHT TO ACCEPT / REJECT BIDS
35.1 The OWNER/CONSULTANT reserves the right to accept or reject any bid and/or to
annul the bidding process and/or reject all bids at any time prior to award of Contract
without thereby incurring any liability to the affected bidder(s) or any obligation to
inform the affected bidder(s) of the ground of OWNER’s/CONSULTANT’s action.

35.2 The OWNER reserves the right to conduct price negotiations with the Lowest Bidder.
35.3 The OWNER shall not be obliged to award the Contract to the lowest evaluated bidder
if the OWNER apprehends that it will not be in the interest of the OWNER or the work to
award the Contract at the lowest evaluated price or to the lowest evaluated bidder.
35.4 After opening of price bid if the Bidder increases the price, though within the
validity period, and even though bid remains the lowest, the same will be rejected.
36.0 NOTIFICATION OF AWARD
36.1 The OWNER will notify the successful bidder in writing by letter and/or by Fax of
Acceptance or by Brief Order of Acceptance (BOA) or in any other manner as per Owner’s
procedure that his bid has been accepted. The Acceptance of Bid will constitute
the formation of Contract.
37.1 Contract documents for agreement shall be prepared after the notification of
Acceptance of Bid.
37.2 The Contract document shall consist of the following:

a) Original Bidding Document issued with its enclosures including General
Conditions of Contract, Special Conditions of Contract, drawings etc.
b) Amendment(s)/Addendum, if any issued, to Bidding Document.
c) The Brief Order of Acceptance issued by the Owner.
d) Any other document as may be decided by the Owner.
38.0 SIGNING OF CONTRACT
38.1 The CONTRACTOR shall execute a formal Contract (on non-judicial stamp paper of
Odisha State) (India) o f a p p r o p r i a t e v a l u e a s p e r t h e a p p l i c a b l e l a w s
with the OWNER in the Owner’s Form of Contract within the time limi t specified by the
OWNER after issue of Brief Order of Acceptance by OWNER. The cost of non-judicial
stamp paper shall be borne by the CONTRACTOR.
The Contractor shall furnish a Contract Performance Bank Guarantee (CPBG), for 3% of
the Total Order Value plus GST as per the provisions of the Special Conditions (Part B) of
LSTK Contract.
40.0 COST OF BIDDING DOCUMENTS


Not applicable
41.0 CONFIDENTIALITY OF DOCUMENTS
41.1 Bidders shall treat the Bidding Documentand contents therein as strictly confidential.
The Bidder on whom M/s. NALCO decides to place the Order for the above Package
Unit shall submit the Secrecy Agreement / Non-Disclosure Agreement as per NALCO’s
/ Licensor’s Format ( enclosed with this ITB) before placement of Order by M/s. NALCO.
If at any time the Bidder decides to decline to Bid, all the documents must be
immediately returned to CONSULTANT.
42.0 INFORMATION TO BE FURNISHED BY FOREIGN CONTRACTORS
DELETED
43.0 INSPECTION
The CONTRACTOR shall adhere to all inspection and testing requirements stipulated in
the Bidding Document.
The quoted prices shall be inclusive of third party inspection charges of NALCO’s
Approved TPI Agency, and the charges for all inspection and all testing requirements
specified in the Bidding Document. The list of Third Party Inspection Agencies approved
by NALCO are mentioned in Clause No. 15 of SCC – Part A.
Contractor may select any of the above mentioned NALCO approved TPI Agencies.
However, in the event any of the above agencies or their parent/subsidiary company is
awarded the above LSTK Contract covered in this Bid Document, then that agency shall
not function as TPI agency for this Project. The TPI charges shall be paid by Contractor
directly to the TPI Agency. Bidder’s quoted prices shall be inclusive of TPI charges and
the charges for all inspection and all testing requirements specified in the Bidding
Document. In case any Bidder quotes extra for TPI charges or charges for all inspection
and testing specified in Bidding Document, his offer is liable to be rejected.
44.0 Independent External Monitors (IEMs)
1. In respect of this Tender, the Independent External Monitor (IEM) would be monitoring the
Bidding Process and execution of Project Agreement to oversee implementation and
effectiveness of the Integrity Pact Program.
The following Independent External Monitor (IEM) has been appointed by NALCO, in terms
of Integrity Pact (IP) which forms part of the NALCO Tenders / Contracts:
Mr. Janak Digal IAS (Retd.)

Plot No. 1B/2, Sector-11, CDA , Markat Nagar , Cuttack - 753 015, Odisha
Cell no: +91-9971116084 e-mail: janakdigal85@gmail.com

Bidder may write to the IEM through E-mail (provided in the tender) for their grievances, if any,
giving details of the Tender reference, name of the Tender issuing officer and Nalco’s Unit for
quick identification of the tender by the IEM.
1. IEM is authorized to examine /consider all references made to it under this Bidding
Document. The bidder(s), in case of any dispute(s) / complaint(s) pertaining to this
package may raise the issue either with the designated 'Nodal Officer' in NALCO or directly
with the IEMs at above Address.
2. The Independent External Monitors (IEMs) have the right to access without restriction to
all Project documentations of the NALCO including that provided by the Bidder. The
Bidder will also grant the Monitor, upon its request and demonstration of a valid interest,
unrestricted and unconditional access to its Project Documentations. The same is
applicable to Subcontractors. The Monitor is under contractual obligation to treat the
information and documents of the Bidder / Subsidiary (ies) and/or Holding Company
and/or Subsidiary (ies) of its Holding Company / Consortium members/Sub Contractors
with confidentiality.
3. Tender Inviting Authority in NALCO is the Nodal Officer for necessary coordination in
this regard.
4. If the Employer has terminated the Contract pursuant to Section-3 of the Integrity Pact
(IP), NALCO shall encash the Contract Performance Bank Guarantee/Performance
Guarantees, in accordance with Section 6 of Integrity Pact.'
5. In case of security deposit/CPBG, same should be valid till the complete conclusion of
the contractual obligations to the complete satisfaction of both the BIDDER and the
OWNER, including warranty period.
6. In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions
for Violation shall be applicable for forfeiture of Performance Bond in case of a decision
by the OWNER to forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
7. The Format of the Integrity Pact to be signed and submitted by the Bidders is enclosed
with this ITB.
45.0 Anti-Profiteering Provisions:
Anti-profiteering provisions mandates that any reduction in tax rates or benefits of input
tax credits be passed on to the consumer by way of commensurate reduction in prices.
Indigenous bidders (Indian Bidders) to take note of the same and pass on such benefits
to NALCO while quoting their price as well as during execution of the Contract.
46.0 MAKE IN INDIA


Bidders to refer to the enclosed Annexure 8 to this ITB.
47.0 GUIDELINES FOR ELIGIBILITY OF A BIDDER FROM A COUNTRY WHICH SHARES A

LAND BORDER WITH INDIA
Bidders should submit, along with their technical-unpriced bid, the duly signed and
stamped certificates, which have been included in the above Guidelines. These guidelines
are enclosed with this ITB( Annexure 9).
………………………………………………………………………………………………………….

Annexure to ITB : PROFORMA FOR FOREIGNER'S VISIT - TEMPORARY GATE PASS

(ROUND THE CLOCK INCLUDING SUNDAYS & HOLIDAYS)(Not Applicabe to
this Bidding Document)
1. FULL NAME (EXPANDING THE INITIAL) :
2. NATIONALITY :
3. DATE OF BIRTH :
4. PARENTAGE :
5. PRESENT ADDRESS :
6. PERMANENT ADDRESS :
7. PARTICULAR OF PRESENT : EMPLOYMENT
8. PASSPORT NUMBER / DATE OF ISSUE : VALIDITY / PLACE OF ISSUE
9. VISA DETAILS & VALIDITY :
10. WHETHER PREVIOUSLY IN INDIA, IF SO : DATE & PLACE OF PREVIOUS VISIT
11. DESIRED PLACE/SECTION/POINTS/ : INSTALLATION OF VISIT IN THE

UNDERTAKING
12. DATE OF ARRIVAL IN INDIA :

13. PERIOD OF STAY IN INDIA :
14. PURPOSE OF VISIT :
15. DATE OF VISIT :
16. CONTACT ADDRESS IN INDIA :
17. CONTACT ADDRESS IN APPLICABLE COUNTRY :
18. LAPTOP AND ACCESSORIES DETAILS :

Recommendation of sponsoring Department Head
Recommendation of issuing Departmental
ED (M & R) - for approval


Annexure -1 ( NOT APPLICABLE TO THIS BIDDING DOCUMENT )

Tax Residency Certificate (TRC) obtained by the Non-resident from Government of foreign
country shall contain the following particulars :
i) Name of the assesse:

ii) Status (Individual, company, firm etc.) of the assesse:
iii) Nationality (In case of individual)
iv) Country or specified territory of incorporation or registration (in case of others):
v) Assesse’s tax identification number in the country or specified territory of residence
or in case no such number, then, a unique number of the basis of which the person
is identified by the Government of the country or the specified territory:
vi) Residential status for the purposes of tax:
vii) Period for which the certificate is applicable; and
viii) Address of the applicant for the period for which the certificate is applicable:

Annexure-2 ( NOT APPLICABLE TO THIS BIDDING DOCUMENT )

"FORM NO. 10F”
[See sub-rule (1) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or sub-section (5) of
section 90A of the Income-tax Act, 1961
I. . . . . . . . . . . . . . . . . . . *son/daughter of Shri. . . . . . . . . . . . . . . . . . . in the capacity of .
. . . . . . . . . . . . . . . . . . (designation) do provide the following information, relevant to the
previous year. . . . . . . . . . . . . . . . . . . *in my case/in the case of. . . . . . . . . . . . . . . . . . .
for the purposes of sub-section (5) of * section 90/section 90A:
SI.No. Nature of information : Details#
(i) Status (individual; company, firm etc.) of the assessee :
(ii) Permanent Account Number (PAN) of the assessee if allotted :
(iii) Nationality (in the case of an individual) or Country or specified :

territory of incorporation or registration (in the case of others)
(iv) Assessee's tax identification number in the country or specified :

territory of residence and if there is no such number, then, a
unique number on the basis of which the person is identified by
the Government of the country or the specified territory of which
the assessee claims to be a resident
(v) Period for which the residential status as mentioned in the :

certificate referred to in sub-section (4) of section 90 or sub-
section (4) of section 90A is applicable
(vi) Address of the assessee in the country or territory outside India :

during the period for which the certificate, mentioned in (v)
above, is applicable
2. I have obtained a certificate to in sub-section (4) of section 90 of sub-section (4) of

section 90A from the Government of . . . . . . . . . . . . . . . . . . . (name of country or specified
territory outside India)
Signature: . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . .
Permanent Account Number: . . . . . . . . . . . . . . . . . . .

Verification
I. . . . . . . . . . . . . . . . . . . do hereby declare that to the best of my knowledge and belief
what is stated above is correct complete and is truly stated.
Verified today the . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .
Signature of the person providing the information
Place: . . . . . . . . . . . . . . . . . . .
Notes :
1. *Delete whichever is not applicable.
2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-
section (4) of section 90 or sub-section (4) of section 90A.

ANNEXURE-3
INTEGRITY PACT AND COVERING LETTER

A. Integrity Pact:
Bidders are required to unconditionally accept the "Integrity Pact (IP)" (executed on plain
paper), as per format attached and submit the same duly signed on all pages by the Bidder's
Authorized Signatory in a separate sealed envelope, and by scanned copy, along with other
documents at the address specified in NIT. Bidder and its Subsidiary (ies) and/or Holding
Company and/or Subsidiary (ies) of its Holding Company / Consortium members shall
individually sign Integrity Pact (IP) and shall be submitted in a separate sealed envelope
before stipulated Project Proposal submission time at the address specified in Data Sheet.
Bidder's failure to comply with the aforesaid requirement regarding submission of Integrity
Pact (IP)' shall lead to outright rejection of Project Proposal as being non-responsive and shall
not be opened.
In case of selected bidder being a Consortium, in addition to above, after incorporation of
Joint Venture Company, Integrity Pact shall be signed by the Joint Venture Company along
with Project Agreement.
B. Independent External Monitors (IEMs)
1. In respect of this Tender, the Independent External Monitors (IEMs) would be monitoring the
Bidding Process and execution of Project Agreement to oversee implementation and
effectiveness of the Integrity Pact Program.
The following Independent External Monitor(s) (IEMs) have been appointed by NALCO, in terms of
Integrity Pact (IP) which forms part of the NALCO Tenders/Contracts:
Mr. Janak Digal IAS (Retd) (Refer the contact details given above).
IEM is authorized to examine /consider all references made to it under this tender. The
bidder(s), in case of any dispute(s) / complaint(s) pertaining to this package may raise the
issue either with the designated 'Nodal Officer' in NALCO or directly with the IEMs at above
Address.
2. The Independent External Monitors (IEMs) have the right to access without restriction to all
Project documentations of the NALCO including that provided by the Bidder. The Bidder will
also grant the Monitor, upon its request and demonstration of a valid interest, unrestricted and
unconditional access to its Project Documentations. The same is applicable to Subcontractors.
The Monitor is under contractual obligation to treat the information and documents of the
Bidder / Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding
Company / Consortium members/Sub Contractors with confidentiality.
3. Tender Inviting Authority is the Nodal Officer for necessary coordination in this regard:
4. If the Employer has terminated the Contract pursuant to Section-3 of the Integrity Pact (IP),
NALCO shall encash the Contract Performance Bank Guarantee/Performance Guarantees, in
accordance with Sectio n 6 of Integrity Pact.'

5. The Earnest Money shall be valid for eight monthsfrom the due date of submission of bid. In
case of security deposit, same should be valid till the complete conclusion of the contractual
obligations to the complete satisfaction of both the BIDDER and the OWNER, including warranty
period
6. In case of the successful BIDDER a clause would also be incorporated in the Article pertaining
to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation
shall be applicable for forfeiture of Performance Bond in case of a decision by the OWNER to
forfeit the same without assigning any reason for imposing sanction for violation of this Pact
………………………………………………………………………………………………………
NOTE : THE FORMAT OF THE INTEGRITY PACT IS ENCLOSED AS A SEPARATE PDF DOCUMENT TO THIS ITB.

Annexure 4 to ITB
PROFORMA OF DECLARATION OF HOLIDAY LISTING
In the case of a Proprietary Concern:
I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s.
………….. which is submitting the accompanying Bid / Tender nor any other concern in which I am
proprietor nor any partnership firm in which I am involved as a Managing Partner are currently placed
on holiday list declared by NALCO , except as indicated below :
(Give particulars of holiday listing and in absence thereof state “NIL”).
I, hereby do further declare that the following notice(s) have hitherto been issued against proposed
action for holiday listing and/or the following action for holiday listing has hitherto been taken, as the
case may be, by NALCO in my personal name or in the name of any proprietary concern of mine or
against any partnership firm of which I was or am the managing partner.
No. and Date of Show-cause Notice Period of Holiday Present Status

Notice of Holiday Listing Listing Listing
(State ‘NONE’ if there is no such notice or action).
In the case of a Partnership Firm
We, hereby declare that neither we, M/s. …………………… submitting the accompanying Bid /
Tender nor any partner involved in the management of the said firm either in his individual capacity
or as proprietor of any concern or as partner of any firm in which he/she was a Managing Partner,
are currently placed on Holiday List declared by NALCO, except as indicated below:
We _____________ hereby further declare that the following notice(s) have hitherto been issued
against proposed action for holiday listing and or the following action for holiday listing has hitherto
been taken as the case may be, by NALCO against the above firm or any partner involved in the
management of the firm in his individual capacity or as proprietor of any concern or as Managing
Partner of any firm.

Notice of Holiday Listing Listing


In the case of Company
We hereby declare that we are not currently placed on any holiday list declared by NALCO, except
as indicated below :
We, _____________ hereby do further declare that the following notice(s) have hitherto been issued
against proposed action for holiday listing and / or the following action for holiday listing has hitherto
been taken, as the case may be, by NALCO against the Company.

Notice of Holiday Listing
It is understood that if this declaration is found to be false in any particular, NALCO, shall have the
right to reject my / our bid, and, if the bid has resulted in a contract, the contract is liable to be
terminated.
Place : ………………
Signature of the Bidder………..
Date : ………………
Name of the Signatory ………….

Annexure 5 to ITB
CONTENTS OF BID AND CHECK LIST
Bidder is requested to fill this check list and ensure that all details/documents have been
furnished under relevant sections as called for in the Bidding Document along with duly filled in,
signed & stamped.
(A) UNDER SECTION-I

(A.1) All Documents evidencing fulfillment of the stipulated Bidders Qualification
Criteria (BQC) and all other documents mentioned in the NIT regarding the BQC.
Submitted
(A.1) Letter of submission

Submitted
(A.2) Form of Bid as per Proposal FORM-A including Annexure of Information about
the Bidder (Along with the Declaration mentioned in Annexure to Form – A).
Submitted
(A.3) Bid Security Declaration as per N A L C O ’ s format attached
Submitted
(A.4) Table of Contents (also referred as Master Index) of the Bidding Document duly
signed and stamped on each page, in token of having received the complete
set of the Bidding Document and its acceptance.
Submitted
(A.5) Power of Attorney in favour of the person(s) who has signed the bid.
Submitted
(A.6) Declaration as per Proposal FORM-B duly signed & stamped by the bidder in
token of having received and read all volumes of the commercial & technical
documents and having accepted and considered the same in preparing and
submitting the bid.
Submitted
(A.7) Memorandum of Understanding (MOU as per NIT ( as applicable as per NIT)
(B) UNDER SECTION-II


(B.1) Deployment Schedule of construction equipment, tools & tackles proposed for
execution of works as per Proposal FORM-C.
Submitted
(B.2) Detailed execution philosophy of work as per Proposal FORM–D.
Submitted
(B.3) Details of proposed organisation as per Proposal FORM-E

Submitted
(B.4) Deployment Schedule of Supervisory personnel & Construction Workers

as per FORM-F.
Submitted
(B.5) Submitted
Project Schedule in the form of Bar Chart.
Submitted
(C) UNDER SECTION-III
(C.1) Declaration about Bidder's Income Tax Liability in India as per Proposal FORM-
G
Submitted
(C.2) Certificates regarding compliance to guidelines for eligibility of a bidder from a

country which shares a land border with India .
(C.3) Declaration of Local Content as mentioned in the document related to PPLC (

Make in India ) ( refer Annexure 8 to the ITB)
(C.4) Partnership Deed in case of partnership firm, and Memorandum & Articles of
Association in case of constituent companies
Submitted
(C.5) Information about any Current Litigation/ Arbitration, if any, in which bidder is
involved as per Proposal FORM-I
Submitted
(D) UNDER SECTION-IV

(D.1) Reply to Commercial Questionnaire, Copy of PAN,GSTR,PF & ESIC Certificates

Submitted
(D.2) Blank copy of Schedule of Lumpsum Prices (duly marked as quoted in all
items) stamped & signed on each page.
Submitted
(D.3) Integrity Pact (As per NALCO’s Format) – Refer enclosed Annexure-3.
Submitted
(E) UNDER SECTION-V
(E.1) Technical Details / documents as specified in Document Matrix
Submitted
(E.2) Reply to Technical Questionnaire.
Submitted
(E.3) Details of concurrent commitments as per FORM-N enclosed
Submitted
(F) UNDER SECTION-VI
(F.1) Schedule of UNAVOIDABLE Deviations (if any) to the commercial and
Technical bid documents as per Proposal FORM-J.
Submitted
(G) UNDER SECTION-VII
(G.1) Any other information required in the Bidding Documents or considered
relevant by the bidder, including declaration in FORM-K with regard to non-
involvement of Agent.
Submitted
(G.2) Proforma of Declaration of Holiday Listing duly signed & stamped by the
Bidder.
Submitted
(G.3) Social Accountability 8000 Compliance Format in Proposal FORM O
(G.4) Details of Safety Statistic of past 3 years in Proposal FORM P
(H) UNDER SECTION-VIII


(H.1) Declaration in Form L- Letter of Waiver of Conditions / Deviations duly signed

and stamped on each page.
Submitted
(I) UNDER SECTION-IX
(H.2) Waiver of conditions / deviations Declaration in FORM L
(I.1) Quality Assurance: A brief description of the Bidder's QA system and a
Submitted
statement detailed how QA will be implemented for the Project.
Submitted
(J) UNDER SECTION-X
(J.1) Check- List.
Submitted
(STAMP & SIGNATURE OF BIDDER)


Annexure 6 to ITB
Instructions to the Bidders for the e-submission of the bids
1. Bidder should do the registration in the tender site http://eprocure.gov.in using the option available.
Then the Digital Signature registration has to be done with the e-token, after logging into the site.
2. Bidder then login to the site through giving user id / password chosen during registration. The e-token
that is registered should be used by the bidder and should not be misused by others.
Please go to the CPP portal. Search for the e-procurement tender No. 6695-CMG- G00-CA-0028
3. The Bidders can update well in advance, the documents such as certificates, work order details etc.,
under My Documents option and these can be selected as per tender requirements and then send
along with bid documents during bid submission.
4. After downloading / getting the tender schedules, the Bidder should go through them carefully and
then submit the documents as asked, otherwise, the bid will be rejected.
5. If there are any clarifications, this may be obtained online through the tender site, or through the
contact details. Bidder should take into account of the corrigendum/addendum published before
submitting the bids online.
6. Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender
schedule and they should be in PDF/xls/rar/dwf formats. If there is more than one document, they can
be clubbed together.
7. Bidder should get ready with the Bid Security Declaration ( in lieu of ) EMD as specified in the Tender.
Scan copy of the said declaration to be uploaded along with other documents as requested. The
original instrument along with all other specified hard copy of documents (one set) should be
posted/couriered/given in person so as to reach the Tender Inviting Authority, within due date as
indicated at Pg-3. Non receipt of the documents along with original Declaration within the stipulated
period may lead to rejection of the offer of the bidder.
8. The bidder reads the terms & conditions and accepts the same to proceed further to submit the bids
9. The bidder has to submit the tender document online well in advance before the prescribed time to
avoid any delay or problem during the submission process.
10. After the bid submission, the acknowledgement number, given by the e-tendering system should be
printed by the bidder and kept as a record of evidence for online submission of bid for the particular
tender.
11. The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the difficulties
faced during the submission of bids online by the bidders.
12. The bidder should see that the bid documents submitted should be free from virus and if the
documents could not be opened, due to virus, during tender opening, the bid is liable to be rejected
13. The time settings fixed in the server side & displayed at the top of the tender site, will be valid for all
actions of requesting, bid submission, bid opening etc., in the e-tender system. The bidders should
follow this time during bid submission.

14. All the data being entered by the bidders would be encrypted using PKI encryption techniques to
ensure the secrecy of the data. The data entered will not viewable by unauthorized persons during bid
submission & not be viewable by any one until the time of bid opening. Overall, the submitted tender
documents become readable only after the tender opening by the authorized individual.
15. The confidentiality of the bids is maintained since the secured Socket Layer 128 bit encryption
technology is used. Data storage encryption of sensitive fields is done.
16. The bidders are requested to submit the bids through online e-tendering system to the TIA well before
the bid submission end date & time (as per Server System Clock).
17. The bidder should logout of the tendering system using the normal logout option available at the top
right hand corner and not by selecting the (X) option in the browser.
18. If the bidder submits the bid in manual form (if permitted categorically in the tender), he should have
already registered in the tender site and he has to inform the registration ID in the bid submitted
otherwise his tender will not be considered.
……………………………………………………………………………………………………………………………………………….

Annexure 7 to ITB
Bid Securing Declaration Form
Date: Bidding Document No. 6695-CMG-G00-CA-0028
To : National Aluminium Co. Ltd; Nalco Bhawan, Bhubaneswar
I/WeThe undersigned, declare that:
I/We understand that, according to your conditions, bids must be supported by a Bid
Securing Declaration.
I/We accept that I/We may be disqualified from bidding for any contract with you for a
period of Two Years from the date of notification if I am /We are in a breach of any
obligation under the bid conditions, because I/We
a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our

Bid during the period of bid validity specified in the form of Bid; or
b) having been notified of the acceptance of our Bid by the purchaser during the
period of bid validity (i) fail or reuse to execute the contract, if required, or (ii) fail
or refuse to furnish the Performance Security, in accordance with the Instructions
to Bidders.
I/We understand this Bid Securing Declaration shall cease to be valid if I am/we are not
the successful Bidder, upon the earlier of (i) the receipt of your notification of the name of
the successful Bidder; or (ii) thirty days after the expiration of the validity of my/our Bid.
Signed:
(insert signature of person whose name and capacity are shown)
in the capacity of (insert legal capacity of person signing the Bid Securing Declaration)
Name:
(insert complete name of person signing the Bid Securing Declaration)
Duly authorized to sign the bid for an on behalf of (insert complete name of Bidder)
Dated on _____________ day of ___________________ (insert date of signing)
Corporate Seal (where appropriate)
(Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid)
....................................................................................................................................

Annexure 8 to ITB
REVISED PROCEDURE TO PROVIDE PREFERENCE TO “MAKE IN INDIA” IN PUBLIC PROCUREMENT
1. Definitions:
‘Local content’ means the amount of value added in India which shall, unless otherwise prescribed by
the Nodal Ministry, be the total value of the item procured (excluding net domestic indirect taxes) minus
the value of imported content in the item (including all customs duties) as a proportion of the total value,
in percent.
‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works offered for
procurement, meets the minimum local content as prescribed for ‘Class-I local supplier’ under this order.
“Class-II local supplier’ means a supplier or service provider, whose goods, services or works offered
for procurement, meets the minimum local content as prescribed for ‘Class-II local supplier’ but less
than that prescribed for ‘Class-I local supplier’ under this order.
‘Non-Local supplier’ means a supplier or service provider, whose goods, services or works offered for
procurement, has local content less than that prescribed for ‘Class-II local supplier’ under this order.
'L1’ means the lowest tender or lowest bid or the lowest quotation received in a tender, bidding process
or other procurement solicitation as adjudged in the evaluation process as per the tender or other
procurement solicitation.
'Margin of purchase preference' means the maximum extent to which the price quoted by a “Class-I local
supplier” may be above the L1 for the purpose of purchase preference.
'Nodal Ministry' means the Ministry or Department identified pursuant to this order in respect of a
particular item of goods or services or works.
‘Procuring entity’ means a Ministry or department or attached or subordinate office of, or autonomous
body controlled by, the Government of India and includes Government companies as defined in the
Companies Act.
‘Works’ means all works as per Rule 130 of GFR – 2017, and will also include ‘turnkey works’.
2. Eligibility of ‘Class-I local supplier’/’Class-II local supplier’/ ‘Non-local suppliers’ for different types of
procurement:
a. In procurement of all goods, services or works in respect of which the Nodal Ministry/ Department
has communicated that there is sufficient local capacity and local competition, only class-I local
suppliers, as defined under the order, shall be eligible to bid irrespective of purchase value.
b. Only 'Class-I local supplier' and 'Class-II local supplier', as defined under the Order, shall be eligible
to bid in procurements undertaken by procuring entities, except when Global tender enquiry has
been issued. In global tender enquiries, 'Non-local suppliers' shall also be eligible to bid along with
'Class-I local suppliers' and 'Class-II local suppliers'. In procurement of all goods, services or works,
not covered by sub para (a) above, and with estimated value of purchases less than Rs. 200 Crore,

in accordance with Rule 161(iv) of GFR, 2017, Global tender enquiry shall not be issued except with
the approval of competent authority as designated by Department of Expenditure.
c. For the purpose this Order, works includes Engineering, procurement and construction (EPC)
contracts and services include System Integrator (SI) contracts.
3. Purchase Preference:
(a) Subject to the provisions of this Order and to any specific instructions issued by the Nodal Ministry
or in pursuance of this Order, purchase preference shall be given to 'Class-I local supplier' in
procurements undertaken by procuring entities in the manner specified here under.
(b) In the procurements of goods or works, which are covered by para 2(b) above and which are divisible
in nature, the ‘Class-I local supplier’ shall get purchase preference over ‘Class-II local supplier’ as
well as ‘Non-local supplier as per following procedure:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I local supplier, the
contract for full quantity will be awarded to L1.
ii. If L1 bid is not a ‘Class-I local supplier’, 50% of the order quantity shall be awarded to L1.
Thereafter, the lowest bidder among the ‘Class-I local supplier’ will be invited to match the L1
price for the remaining 50% quantity subject to Class-I local supplier’s quoted price failing within
the margin of purchase preference, and contract for that quantity shall be awarded to such
‘Class-I local supplier’ subject to matching the L1 price. In case such lowest eligible ‘Class-I
local supplier’ fails to match the L1 price or accepts less than the offered quantity, the next
higher ‘Class-I local supplier’ within the margin of purchase preference shall be invited to match
the L1 price for remaining quantity and so on, and contract shall be awarded accordingly. In
case some quantity is still left uncovered on Class-I local suppliers, then such balance quantity
may also be ordered on the L1 bidder.
(c) In procurement of goods or works, which are covered by para 2(b) above and which are not divisible
in nature, and in procurement of services where the bid is evaluated on price alone, the ‘Class-I local
supplier’ shall get purchase preference over ‘Class-II local supplier’ as well as ‘Non-local supplier’
as per following procedure:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is Class-I local supplier, the
contract for full quantity will be awarded to L1.
ii. If L1 is not a ‘Class-I local supplier’ the lowest bidder among the Class-I local supplier’ will be
invited to match the L1 price subject to Class-I local supplier’s quoted price falling within the
margin of purchase preference, and the contract shall be awarded to such ‘Class-I local supplier’
subject to matching the L1 price.
iii. In case such lowest eligible ‘Class-I local supplier’ fails to match the L1 price, the class-1 local
supplier’ with the next higher bid within the margin of purchase preference shall be invited to
match the L1 price and so on and contract shall be awarded accordingly. In case none of the
‘Class-I local supplier’ within the margin of purchase preference matches the L1 price, the
contract may be awarded to the L1 bidder.
(d) ‘Class-II local supplier’ will not get purchase preference in any procurement, undertaken by
procuring entities.

4. Applicability in tenders where contract is to be awarded to multiple bidders –
In tenders where contract is awarded to multiple bidders subject to matching of L 1 rates or otherwise,
the 'Class-I local supplier' shall get purchase preference over 'Class-II local supplier' as well as 'Non-
local supplier', as per following procedure:
a) In case there is sufficient local capacity and competition for the item to be procured, as notified by
the nodal Ministry, only Class I local suppliers shall be eligible to bid. As such, the multiple
suppliers, who would be awarded the contract, should be all and only 'Class I Local suppliers'.
b) In other cases, 'Class II local suppliers' and 'Non local suppliers' may also participate in the bidding
process along with 'Class I Local suppliers' as per provisions of this Order.
c) If 'Class I Local suppliers' qualify for award of contract for at least 50% of the tendered quantity
in any tender, the contract may be awarded to all the qualified bidders as per award criteria
stipulated in the bid documents. However, in case 'Class I Local suppliers' do not qualify for award
of contract for at least 50% of the tendered quantity, purchase preference should be given to the
'Class I local supplier' over 'Class II local suppliers'/ 'Non local suppliers' provided that their quoted
rate falls within 20% margin of purchase preference of the highest quoted bidder considered for
award of contract so as to ensure that the 'Class I Local suppliers' taken in totality are considered
for award of contract for at least 50% of the tendered quantity.
d) First purchase preference has to be given to the lowest quoting 'Class-I local supplier', whose
quoted rates fall within 20% margin of purchase preference, subject to its meeting the prescribed
criteria for award of contract as also the constraint of maximum quantity that can be sourced from
any single supplier. If the lowest quoting 'Class-I local supplier', does not qualify for purchase
preference because of aforesaid constraints or does not accept the offered quantity, an
opportunity may be given to next higher 'Class-I local supplier', falling within 20% margin of
purchase preference, and so on.
e) To avoid any ambiguity during bid evaluation process, the procuring entities may stipulate its own
tender specific criteria for award of contract amongst different bidders including the procedure for
purchase preference to 'Class-I local supplier' within the broad policy guidelines stipulated in sub-
paras above.
5. Minimum local content: The 'local content' requirement to categorize a supplier as 'Class-I local supplier'
is minimum 50%. For 'Class-II local supplier', the 'local content' requirement is minimum 20%. Nodal
Ministry/ Department may prescribe only a higher percentage of minimum local content requirement to
categorize a supplier as 'Class-I local supplier'! 'Class-II local supplier'. For the items, for which Nodal
Ministry Department has not prescribed higher minimum local content notification under the Order, it
shall be 50% and 20% for 'Class-I local supplier'! 'Class-II local supplier' respectively.
6. Margin of Purchase Preference: The margin of purchase preference shall be 20%.
7. Verification of Local Content:
a. The 'Class-I local supplier'/ 'Class-II local supplier' at the time of tender, bidding or solicitation
shall be required to indicate percentage of local content and provide self-certification that the
item offered meets the local content requirement for 'Class-I local supplier'/ 'Class-II local
supplier', as the case may be. They shall also give details of the location(s) at which the local
value addition is made.

b. In cases of procurement for a value in excess of Rs. 10 crores, the 'Class-I local supplier'/
'Class-II local supplier' shall be required to provide a certificate from the statutory auditor or
cost auditor of the company (in the case of companies) or from a practicing cost accountant
or practicing chartered accountant (in respect of suppliers other than companies) giving the
percentage of local content.
c. False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of the
General Financial Rules (GFR) for which a bidder or its successors can be debarred for up to
two years as per Rule 151 (iii) of the General Financial Rules along with such other actions as
may be permissible under law.
d. A supplier who has been debarred by any procuring entity for violation of this Order shall not
be eligible for preference under this Order for procurement by any other procuring entity for
the duration of the debarment. The debarment for such other procuring entities shall take
effect prospectively from the date on which it comes to the notice of other procurement
entities, in the manner prescribed in below paragraph:
e. The Department of Expenditure shall issue suitable instructions for the effective and smooth
operation of this process, so that:
i. The fact and duration of debarment for violation of this Order by any procuring entity
are promptly brought to the notice of the Member-Convener of the Standing
Committee and the Department of Expenditure through the concerned Ministry
!Department or in some other manner;
ii. On a periodical basis such cases are consolidated and a centralized list or
decentralized lists of such suppliers with the period of debarment is maintained and
displayed on website(s);
iii. In respect of procuring entities other than the one which has carried out the
debarment, the debarment takes effect prospectively from the date of uploading on
the website(s) in the a manner that ongoing procurements are not disrupted.
8. Specifications in Tenders and other procurement solicitations:
a. The eligibility conditions in respect of previous experience fixed in any tender or solicitation do
not require proof of supply in other countries or proof of exports.
b. The eligibility conditions, including on matters like turnover, production capability and financial
strength do not result in unreasonable exclusion of 'Class-I local supplier'/ 'Class-II local
supplier' who would otherwise be eligible, beyond what is essential for ensuring quality or
creditworthiness of the supplier.
9. Manufacture under license/ technology collaboration agreements with phased indigenization:
While notifying the minimum local content, special provisions may be made for exempting suppliers
from meeting the stipulated local content if the product is being manufactured in India under a license
from a foreign manufacturer who holds intellectual property rights and where there is a technology
collaboration agreement / transfer of technology agreement for indigenous manufacture of a product
developed abroad with clear phasing of increase In local content.

10. Exemption of small purchases:
Procurements where the estimated value to be procured is less than Rs. 5 lakhs shall be exempt from
this Order.
NOTE : THE FORMAT OF DECLARATION TO BE FURNISHED BY THE BIDDER WITH THEIR BID IS
ENCLOSED WITH THIS ITB AS A SEPARATE PDF DOCUMENT .

Annexure 9 : Guidelines for eligibility of a bidder from a country which shares a land border with India.
GUIDELINES FOR ELIGIBILITY OF A “BIDDER FROM A COUNTRY WHICH SHARES A LAND

BORDER WITH INDIA”:
Bidders to take note of the following clauses that shall be applicable against the Tender as per Order
No. F.No. 6/18/2019-PPD dated 23.07.2020 i.e- (Order (Public Procurement No. 1) issued from
Ministry of Finance, Department of expenditure, Public Procurement Division available at website
https://doe.gov.in/procurement-policy-divisions)
1) Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
[Competent Authority for the purpose of registration shall be the Registration Committee
constituted by the Department for Promotion of Industry and Internal Trade (DPIIT), as
mentioned under Annex I of the Order (Public Procurement No.1) dated 23.07.2020]
2) "Bidder" (including the term 'tenderer‟, 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture
(that is an association of several persons, or firms or companies), every artificial juridical
person not falling in any of the descriptions of bidders stated hereinbefore, including any
agency, branch or office controlled by such person, participating in a procurement process.
3) "Bidder from a country which-shares a land border with India" means; -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in
such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above.
4) The beneficial owner for the purpose of (3) above will be as under:
(i) In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person (s), has a controlling ownership interest or who exercises control
through other means.
Explanation-

a. "Controlling ownership interest" means ownership of or entitlement to, more than

twenty-five per cent, of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
(ii) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
(iii) In case of an unincorporated association or body of individuals, the beneficial owner
is the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals;
(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
(v) In case of a trust, the identification of beneficial owner(s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.
5) An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.
6) The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.
7) A bidder is permitted to procure raw material, components, sub-assemblies etc from the
vendors from countries which shares a land border with India. Such vendors will not be
required to be registered with the Competent Authority, as it is not regarded as “sub-
contracting”
However, in case a bidder has proposed to supply finished goods procured directly/indirectly
from the vendors from the countries sharing land border with India, such vendor will be
required to be registered with the Competent Authority.
8) Validity of registration: In respect of tenders, registration should be valid at the time of
submission of bids and at the time of acceptance of bids. In respect of supply otherwise than
by tender, registration should be valid at the time of placement of order. If the bidder was
validly registered at the time of acceptance/placement of order, registration shall not be a
relevant consideration during contract execution.
9) CERTIFICATE REGARDING COMPLIANCE:

Bidders shall submit BOTH the following certificates with their Bid:
a) Model certificate for tenders:
“We have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India. We certify that bidder M/s. _____ (name of the bidder)
is not from such a country or if from such a country, has been registered with the Competent
Authority. We hereby certify that bidder M/s. _______(Name of bidder) fulfills all the
requirement in this regard and is eligible to be considered against the tender.”
b) Model certificate for tenders for works involving possibility of sub-contracting:
We M/s ____________________ have read the clause regarding restrictions on procurement

from a country which shares a land border with India and on subcontracting to contractors
from such-countries, we certify that we are not from such a country/or if from such a country,
has been registered with the Competent Authority and will not sub-contract any work to a
contractor from such countries unless such contractor is registered with the Competent
Authority. We hereby certify that we fulfil all requirements in this regard and is eligible to be
considered.
[Wherever applicable bidder must submit evidence of valid registration by Competent

Authority]
10) If such certificate (as mentioned as (a) & (b) above) given by a bidder whose bid is accepted,
is found to be false, this would be a ground for immediate rejection of bid/termination of
contract and further legal action in accordance with law.
………………………………………………………………………………………………………………….
.
CONFIDENTIALITY AGREEMENT
This confidentiality agreement (the “Agreement”) is effective as of [Date] (the “Effective Date”).
BETWEEN: Rio Tinto Alcan International Limited, a legal person having a business place
at 400-1190, Avenue des Canadiens-de-Montréal, Montreal (Quebec), Canada,
H3B 0E3; corporate number Canada # 030371-2;
AND: [Name of legal person (or physical person)], a legal person (or physical
person) having an address at [Business Place Address (or Residential
Address in the case of a physical person)];
(collectively the “Parties“ and a “Party” means any of the Parties).
WHEREAS each Party owns, controls or has in its is information that:

possession, Confidential Information (as defined below)
that it may disclose to the other Party, as they consider a) As the Effective Date, is already legally in
is necessary, in strict confidence and only for the the public domain;
purpose of:
b) After the Effective Date, becomes part of
WHEREAS the Parties agree that any such disclosure the public domain otherwise than as a
must be in strict confidence and under the terms and result of an unauthorized disclosure by
conditions of this Agreement. the Recipient, its Representatives or
Affiliates. Confidential Information is not
NOW IT IS AGREED by the Parties: or does not come in the public domain
merely as features of it may be found
1. Definitions separately or within a general disclosure
in the public domain;
1.1. “Affiliates” means with respect to any
person, any other person, directly or c) Is or becomes available to the Recipient
indirectly, controlling or controlled by a Party. from a third party lawfully empowered to
"Control" exists when: (i) a Party owns or disclose such information;
holds, beneficially or of record, more than
50% of voting securities of the other person, d) Recipient can prove, by documented and
or (ii) has the ability to elect a majority of probative evidence, was previously
directors of the other person. As for Alcan known to it or independently created by it,
International Limited or Rio Tinto Alcan Inc., without access to the Confidential
“Affiliates” also include each Rio Tinto plc, Information;
Rio Tinto Limited, and any entity which is
controlled by or is under the control of Rio e) Becomes, partially or in whole, compelled
Tinto plc or Rio Tinto Limited. by legislation, order of tribunals,
administrative body or any government
1.2. “Confidential Information” means: (i) authority to disclose.
confidential subject matters of Intellectual
Property Rights (as defined below), (ii) The burden of proof to show that any
commercial, scientific, technical, branding, information is not Confidential Information
marketing, advertising, sales, markets and under this Agreement rests on the Recipient.
other information, in any form, including
inventions, technologies, formula, know-how, 1.3. “Discloser” means the Party disclosing any
discoveries, works, improvements, Confidential Information“.
innovations, ideas, concepts, graphs,
drawings, designs, prototypes, samples, 1.4. “Intellectual Property Rights” means
devices, processes, methods, models, statutory and other rights in respect of
samples, data, documents, computer patents, designs, integrated circuit
software and programs, web pages and topographies or circuit layouts, copyrights,
other materials, confidential in nature or neighboring or moral rights, trademarks,
treated, labeled or identified as confidential corporate names, trade names, trade or
by a Party. Exceptions to such information, industrial secrets, confidential information,
11.NDA.doc © 2010 Rio Tinto plc, All Rights Reserved. Page 1 of 4

CONFIDENTIALITY AGREEMENT CONFIDENTIAL
privacy, publicity and personality rights and Agreement by its Representatives and
all other intellectual or industrial property Affiliates receiving any of the Confidential
rights (registered or not), granted or Information. Any subsequent disclosure or use
recognized under any applicable legislation made by a person to whom Recipient
or as defined in Article 2 of the Convention disclosed any Confidential Information is
Establishing the World Intellectual Property deemed to be disclosure or use by Recipient;
Organisation of July 1967.
g) Take reasonable steps to enforce this
1.5. “Recipient” shall mean the Party receiving Agreement, at its cost, including diligently
the Confidential Information. prosecute any breach or threatened breach by
a person to whom it disclosed any Confidential
1.6. “Representatives” shall mean each Party’s Information, notify immediately the Discloser
directors, officers and employees. and get injunctive, other preventive or
accessory reliefs;
2. Dealings with Confidential Information
h) Collaborate and provide all reasonable
The Recipient shall: assistance to the Discloser, at its cost, in any
action which the Discloser may take to protect
a) Keep all Confidential Information, all the Confidential Information;
knowledge derived therefrom, the existence,
subject matter, terms and conditions of this i) Not use any Confidential Information, in any
Agreement and the nature and status of any way, to jeopardize the Discloser’s or its
discussions among the Parties, in strict Affiliates’ goodwill, names, products, services,
confidence, unless required otherwise by law; clients and businesses or compete with the
Discloser or any of its Affiliates, and;
b) Notify immediately the Discloser, prior to any
disclosure required by legislation, order of j) Upon expiration, cancellation or termination of
tribunal, administrative body or any this Agreement, completion or revocation of the
government authority, so that Discloser may Authorized Purposes or at the Discloser’s
seek any appropriate remedy; request: (i) cease any use, disclosure and
return all Confidential Information, copies,
c) Not disclose, use, copy, evaluate, translate, reproductions, transcriptions, summaries or
reverse engineer or otherwise reproduce, translations thereof and any work or material,
disseminate, distribute or communicate any derived from, incorporating, reflecting or
Confidential Information, in any way, other referring to said information, on any way,
than for the Authorized Purposes hereunder, which is in its possession or control, or (ii)
without prior written consent of the Discloser; destroy all of them if instructed to by the
Discloser and provide a declaration confirming
d) Limit access to Confidential Information only to said destruction signed by a Recipient’s
those of its Representatives or Affiliates officer.
specifically and reasonable requiring the said
information, on a strict need to know basis and 3. Damages Insufficient
only for the Authorized Purposes;
Any violation by a Party, its Representatives or
e) Ensure that all of its Representatives and Affiliates, of this Agreement or any obligations
Affiliates, about to receive any Confidential pertaining to Intellectual Property Rights with
Information, are also legally bound to keep in respect to this Agreement may cause an
confidence said information and use it only for irreparable prejudice to the other Party which may
the Authorized Purposes under the “Individual not be fully compensated with damages (including
Confidentiality Acknowledgement” attached after cancellation, annulment or expiration of this
hereto as Appendix A (a signed copy of which Agreement). In the case of a said violation, the
shall be sent to the Discloser before any other Party will have the right to get an injunction
disclosure or use); from the competent tribunals, such as an
injunction enjoining the immediate cease of said
f) Assume all liability for any breach of this violation, without prejudice to its other rights and
11.NDA.doc © 2010 Rio Tinto, All Rights Reserved. Page 2 of 4

without the necessity of posting any security for 6.2. All Confidential Information hereunder shall
legal costs. remain the exclusive property of Discloser, in
its own right or on behalf of any of its
4. Representations, Warranties & Indemnities Affiliates. Nothing in this Agreement shall
grant any ownership right, licence or privilege
4.1. Disclosure of Confidential Information is in said information to the Recipient.
made without any express or implied
representation or warranty as to the 6.3. A Party's delay or failure to exercise a right,
accuracy, validity or completeness thereof. power or privilege hereunder shall not
Discloser expressly disclaims any liability operate as a waiver thereof and shall not
relating to said information, errors, preclude any future exercise thereof.
invalidities or omissions thereof and
therefrom. 6.4. A Party shall not assign, transfer or novate
its rights or this Agreement, without the prior
4.2. Recipient shall indemnify the Discloser, its written consent of the other Party. A Party
relevant Representatives and Affiliates and may however, do so to an Affiliate (unless
keep them indemnified, from and against all said Affiliate is or becomes a competitor of
losses, damages and costs that they may the other Party or any of its Affiliates).
suffer or incur arising out of or in any way
related to a breach of this Agreement. 6.5. All notices under this Agreement shall be in
writing and sent by messenger, registered or
4.3. Discloser, its Representatives and Affiliates, certified mail, to the relevant name and
shall have no liability to the Recipients or any address shown on the first page of this
of its Representatives and Affiliates resulting Agreement or otherwise later agreed in
from any use of Confidential Information. writing between the Parties.
4.4. If the Parties further sign other agreements 6.6. The terms and conditions of this Agreement
regarding the Authorized Purposes, such (including its preamble) are the entire
decision will be based solely on such written agreement between the Parties on the
agreements. Nothing herein shall impose subject matter hereof. They cancel and
any obligation on a Party to sign any further replace any prior and contemporaneous
agreements in relation to the Authorized agreements, declarations, representations,
Purposes. warranties and discussions, in any form,
between the Parties on the same.
5. Term & Termination of the Agreement
6.7. No modification of this Agreement shall be
This Agreement starts on the Effective Date and binding upon the Parties, unless made in
unless earlier terminated in accordance herewith, writing and duly executed by them.
remains in force for one (1) year. Obligations of
confidentiality and limited use and disclosure 6.8. If any provision of this Agreement is held to
hereunder shall however, remain in force for 25 be invalid or unenforceable, the remaining
(twenty five) years from the Effective Date. provisions of it shall remain in full force and
Discloser may, at any time, without cause or effect.
prejudice to its rights, terminate this Agreement,
upon a 5 (five) days written notice to Recipient. 6.9. This Agreement shall be governed by,
Upon notice receipt, Recipient shall cease all use construed and interpreted according to
and disclosure of all Confidential Information and applicable laws of the State of Queensland,
return or destruct it, as set forth in the above Australia. Australian courts shall have sole,
section 2 j) of this Agreement. irrevocable and unconditional jurisdiction for
any legal proceedings arising out of this
6. General Provisions Agreement or the performance of obligations
hereunder.
6.1. Nothing in this Agreement shall make either
Party the partner or Representative of the 6.10. This Agreement, all documents,
other, nor create any fiduciary relationship. correspondence and notices related hereto
are written in English at the express request

of the Parties.
[Name of legal person (or physical person)]
AGREED TO AND SIGNED by authorized
Representative of the Parties as of the Effective Date: Per:
(Signature)
Rio Tinto Alcan International Limited
Name:
(Print name)
Per:
(Signature) Title:
(Title of the signatory)
Name:
(Print name)
Title:
AND

APPENDIX A
Individual Confidentiality Acknowledgment
(Confidentiality Agreement, of [Date], between Rio Tinto Alcan

International Ltd & [Name of legal person] (the “Agreement”))
[Note: Confidentiality exists only once! It may be irremediably lost in a second. It is impossible to subsequently remove
the information once publicly disclosed on the Internet. All persons likely to receive any Confidential Information must
first sign Appendix A to personally undertake to maintain said confidentiality. They would therefore be unable to later
argue that they were not aware of the confidential nature of said information. It is unnecessary to fill in this Appendix, i f
the Agreement is signed by a physical person on its own behalf (not on the behalf of a legal person.]
The undersigned hereby, acknowledges and agrees that he/she:
(a) has a real and reasonable need to get access or copy of the Confidential
Information (as defined in the Agreement);
(b) has fully read and understand the Agreement, and
(c) is authorized to lawfully get and use said information in strict compliance with
the Agreement.
In consideration for the receipt of said information, he/she fully understands, agrees and covenants to keep all
said information as strictly confidential, and abide by all obligations, terms and conditions of the Agreement, in
particular those on authorized use and disclosure of any said information.
AGREED TO AND SIGNED:
(Signature)
(Print name)
(Date of signature)
c.c. Rio Tinto Alcan International Ltd.

BANK GUARANTEE FORMATS
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(To be executed on non-judicial stamped paper of appropriate value)
B. G. No. Date:
1. WHEREAS M/s National Aluminium Company Limited (A Government of India Enterprise), having its
Unit/Office at .........................................(UNIT/OFFICE ADDRESS ISSUING THE TENDER) (hereinafter
called “The Company” which expression shall unless repugnant to the subject or context includes its
legal representatives, successors and assigns) has issued Tender paper vide its Tender No
................................... dt..................... for ........................... (hereinafter called “the said tender”)
to M/s. .................................(hereinafter called the said Tenderer(s)” which expression shall unless
repugnant to the subject or context includes their legal representatives, successors and assigns and as
per terms and conditions of the said tender, the tenderer shall submit a Bank Guarantee for Rs.
................ (Rupees .................only) towards earnest money in lieu of cash.
2. WE Bank having its branch office at .................... do hereby undertake to pay the amount due and
payable under this guarantee without any demur, merely on a demand from the Company stating that
in the opinion of the company which is final and binding, the amount claimed is due because of any
withdrawal of the tender or any material alteration to the tender after the opening of the tender by way
of any loss or damage caused to or would be caused or suffered by the Company by reason of any
breach by the said tenderers(s) of any of the terms and conditions contained in the said tender or failure
to accept the Letter of Intent Agreement or that the amount covered under this Guarantee is forfeited.
Any such demand made on the Bank by the Company shall be conclusive as regards the amount due
and payable by the Bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs.......... (Rupees .................... only).
3. We undertake to pay to the Company any money so demanded not withstanding any dispute or disputes
raised by the tenderer(s) in any suit or proceeding pending before any office, court or tribunal relating
thereto our liability under this present guarantee being absolute and unequivocal. The payment so made
by us under this bond shall be a valid discharge of our liability for payment there under. Our liability to
pay is not dependent or conditional on the Company proceeding against the tenderer.
4. The guarantee herein contained shall not be determined or affected or suspended by the liquidation or
winding up, dissolution or change of constitution or insolvency of the said tenderer(s) but shall in all
respect and for all purposes be binding and operative until payment of all money due or liabilities under
the said contract(s)/ Order(s) are fulfilled.
5. WE .................Bank Ltd. further agree that the guarantee herein contained shall remain in full force
and effect during the period that would be taken for the finalization of the said tender and that it shall
continue to be enforceable till the said tender is finally decided and order placed on the successful
tenderer(s) and or till all the dues of the company under or by virtue of the said tender have been fully
paid and its claims satisfied or discharged or till a duly authorised officer of the company certifies that
the terms and conditions of the said tender have been fully and properly carried out by the said
tenderer(s) and accordingly discharges the guarantee.
6. That the Company will have full liberty without reference to us and without affecting this guarantee to
postpone for any time or from time to time. The exercise of any of the power of the Company under the
tender.
7. Notwithstanding anything contained herein before, our liability shall not exceed Rs.....................
(Rupees.............................. only) and shall remain in force till.................Unless a demand or claim
under this Guarantee is made on us within three months from the date of expiry, we shall be discharged
from all the liabilities under this guarantee.
8. We ________________Bank further agree that this Guarantee shall be invocable at our place of
business at ________________ (Bank Name), ________________ (Branch name and address of the
branch), Bhubaneshwar, Odisha-751XXX.
9. We .................. Bank, lastly undertake not to revoke this guarantee during its currency except with the
previous consent of the Company in writing. We further undertake to keep this Guarantee renewed from
time to time on the request of Tenderer(s).
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bank
Corporate Seal of the Bank By its constitutional Attorney
Signature of duly Authorised person

On behalf of the Bank With seal & signature code
Details of Persons Issuing the BG:
Name -----------------------
Address for Correspondence; .............
Telephone & Fax No.
E-mail:
IFSC code
Note: BGs to be furnished from any of the approved banks of NALCO. Also adhere to below Note.
Note:
Further, any domestic Guarantee issued by PSU Bank (or) Private Bank (or) Foreign Bank operatingin in
India must be operational and invocable in Bhubaneswar only. For Guarantee to be operational in
Bhubaneswar, the issuing Bank must designate a specified Bank Branch in Bhubaneswar. Accordingly,
the following clause has to be inserted in the existing BG Format for EMD / SD / Contract / Advance
Payment in the following style :
“We ______________ Bank further agree that this Guarantee shall be invocable at our
place of business at _____________ (Bank Name), _________________ (Branch Name and
address of the Branch), Bhubaneswar, Odisha 751xxx”
In the case of Foreign currency BGs, the BG issuing Bank must have correspondent relationship with
State Bank of India.
__________________________________________________________________________________
BANK GUARANTEE FOR SECURITY DEPOSIT

B. G. No.
Date:
1. In consideration of National Aluminium Company Limited (A Government of India Enterprise), having its
UNIT/Office at (UNIT/OFFICE ADDRESS WHERE THE WORK IS EXECUTED) (hereinafter called “The
Company” which expression shall unless repugnant to the subject or context includes its legal
representatives, successors and assigns) having agreed to exempt M/s. ................................
(Hereinafter called “the said Contractor(s)/ Seller(s)”), which expression shall unless repugnant to the
subject or context includes their legal representatives, successors and assigns) from the demand under
the terms and conditions of Contract(s)/ Order(s) No. ................... dt. ..................for
(work/assignment description) of cash security deposit for the due fulfillment by the said
contractor(s)/seller(s) of the terms and conditions contained in the said Contract(s)/Order(s), on
production of Bank Guarantee for Rs. ............ (Rupees.........................................only).
2. We ................................... Bank having its branch office at ........ do hereby agree and undertake to
pay the amount due and payable under this guarantee without any demur, merely on a demand from
the Company stating that in the opinion of the company which is final and binding, the amount claimed
is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason
of any breach by the said Contractor(s)/seller(s) of any of the terms and conditions contained in the said
contract(s)/orders(s) or by reasons of the said Contractor(s)/ Seller(s) failure to perform the said
Contract(s)/ Order(s) including defect liability obligations or that the amount covered under this
guarantee is forfeited. Any such demand made on the Bank by the Company shall be conclusive as
regards the amount due and payable by the Bank under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding Rs ................. (Rupees.................... only).
3. We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes
raised by the contractor(s) / Se|ler(s) in any suit or proceeding pending before any office, court or
tribunal relating thereto our liability under this present guarantee being absolute and unequivocal. The
payment so made by us under this bond shall be valid discharge of our liability for payment there under.
Our liability to pay is not dependent or conditional on the Company proceeding against the
Contractor(s)/Seller(s).
winding up, dissolution or change of constitution or insolvency of the said Contractor(s)/Seller(s) but
shall in all respect and for all purposes be binding and operative until payment of all money due or
liabilities under the said contract(s) / Order(s) are fulfilled.
5. We .................Bank further agree that the guarantee herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said Contract(s)/ Order(s) and
that it shall continue to be enforceable till all the dues of the company under or by virtue of the said
Contract(s)/Order(s) have been fully paid and its claims satisfied or discharged or till a duly Authorised
officer of the company certifies that the terms and conditions of the said Contract(s)/Order(s) have been
fully and properly carried out by the said contractor(s) and accordingly discharges the guarantee.
6. We ............... Bank further agree with the Company that the company shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Contract(s)/Order(s) or to extend the time of performance by the said
Contractor(s)/Seller(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Company against the said Contractor(s)/Seller(s) and to forbear or enforce
any of the terms and conditions relating to the said Contract(s)/Order(s) and we shall not be relieved
from our liability by reason of any such variations, or extension being granted to the said Contractor (s)/
Seller(s) or for any forbearance, act or omissions on the part of the Company or any indulgence by the
Company to the said Contractor(s)/Se|ler(s) or by any such matter or thing whatsoever which under the
law relating to sureties would, but for this provision, have affect of so relieving us.
7. Notwithstanding anything contained herein before, our liability shall not exceed Rs ......................
(Rupees .............................. only) and shall remain in force till.................Unless a demand or claim
9. We ..................... Bank, lastly undertake not to revoke this guarantee during its currency except with
the previous consent of the Company in writing. We further undertake to keep this Guarantee renewed
from time to time at the request of Contractor(s)/ Sellers(s).
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bank
Detail of Persons Issuing the BG:

Name-----------------------
Address for Correspondence: -------------
Telephone & Fax No. -------
E-mail: ---------------
IFSC code
Note:
__________________________________________________________________________________
PROFORMA FOR CONTRACT CUM PERFORMANCE GUARANTEE BY SELLER/

CONTRACTOR.
B. G. No ........................
Date ...................
1. WHEREAS National Aluminium Company Limited (A Government of India Enterprise) having its
Unit/Office at .................. (UNIT/OFFICE ADDRESS WHERE THE WORK IS EXECUTED) (hereinafter
referred to as “The Company” which expressions shall unless repugnant to the subject or context
includes its legal representatives, successors and assigns) has entered into a contract with
M/s....................................... has placed a purchase order on M/s ...............................(hereinafter
referred to as “Contractor(s) / Sel|er(s)” which expression shall unless repugnant to the subject or
context includes their legal representatives, successors and assigns) for ..................................
(work/assignment description) on the terms and conditions as set out inter alia, in the Company’s
contract No./ P.O. No. ..............dated ............ and various documents forming part thereof hereinafter
referred to as the “said contract” which expression include all amendments, modifications and/ or
variations thereto and whereas the Contractor(s)/Seller(s) has agreed for due execution of the entire
contract and guarantees its performance including any parts executed through any other
agencies/subcontractors.
AND WHEREAS one of the conditions of the “said contract” is that contractor(s)/se||er(s) shall furnish to
the Company a Bank Guarantee from a bank for .... % (.......... percent) of the total value of the “said
contract” against due and faithful performance of the “said contract” including defect liability obligations
and the performance guarantee obligations of the contractor(s)/seller(s) for execution/ supplies made
under the “said contract.”
2. We .................................. Bank having its branch office at .................. do hereby agree and
undertake to pay the amount due and payable under this guarantee without any demur merely on a
demand from the Company stating that in the opinion of the Company, which is final & binding, the
amount claimed is due by reason of default made by the Contractor(s)/Se||er(s) in performing any of the
terms & conditions of the said Contract including defect liability obligations, in fulfilling the performance
guarantee obligation or loss or damage caused to or would be caused to or suffered by the Company
by reason of any breach by the said Contractor(s)/Seller(s) of any of the terms & conditions of the
contract. Any such demand made on the Bank by the Company shall be conclusive as regards the
amount due and payable by the Bank under this guarantee. However, our liability under this guarantee
shall be restricted to Rs. (Rupees ........................... only).
3. We undertake to pay to the Company any money so demanded not withstanding any dispute or disputes
raised by the contractor(s)/Se||er(s) in any suit or proceeding pending before any office, court or tribunal
relating thereto our liability under this present guarantee being absolute and unequivocal. The payment
so made by us under this bond shall be a valid discharge of our liability for payment there under. Our
liability to pay is not dependent or conditional on the Company proceeding against the
winding up, dissolution or change of constitution or insolvency of the said Contractor(s)/Seller(s) but
shall in all respect and for all purposes be binding and operative until payment of all money due or
liabilities under the said contract(s)/Order(s) are fulfilled.
effect during the period that would be taken for the performance of the said Contract(s)/Order(s) and
that it shall continue to be enforceable till all the dues of the company under or by virtue of the said
Contract(s)/Order(s) have been fully paid and its claims satisfied or discharged or till a duly authorised
officer of the Company certifies that the terms and conditions of the said Contract(s)/Order(s) have been
fully and properly carried out by the said contractor(s) and accordingly discharges the guarantee.
6. We ............... Bank further agree with the Company that the company shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Contract(s)/Order(s) or to extend the time of performance by the said
Contractor(s)/Seller(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Company against the said Contractor(s)/Seller(s) and to forbear or enforce
any of the terms and conditions relating to the said Contract(s)/Order(s) and we shall not be relieved
from our liability by reason of any such variation, or extension being granted to the said
Contractor(s)/Seller(s) or for any forbearance, act or omission on the part of the Company or any
indulgence by the Company to the said Contractor(s)/Seller(s) or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have affect of so relieving us.
7. Notwithstanding anything contained herein before, our liability shall not exceed Rs ................ (Rupees
............ only) and shall remain in force till..........Unless a demand or claim under this Guarantee is
made on us within three months from the date of expiry, we shall be discharged from all the liabilities
under this guarantee.
from time to time at the request of Contractor(s)/Sellers(s).
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bank

Name-----------------------
E-mail: ---------------
IFSC code
Note:
__________________________________________________________________________________
BANK GUARANTEE FOR ADVANCE PAYMENT

B. G. No.
Date:
1. In consideration of National Aluminium Company Limited (A Government of India Enterprise), having its
Unit/Office at (UNIT/OFFICE ADDRESS WHERE THE WORK IS EXECUTED) (hereinafter called “The
Company” which expression shall unless repugnant to the subject or context includes its legal
representatives, successors and assigns) having agreed to make an advance payment of Rs............
(Rupees .......................only) to M/s. ......................... (hereinafter called “the said
Contractor(s)/Seller(s)” which expression shall unless repugnant to the subject or context includes their
legal representatives, successors and assigns) from the demand, terms and conditions of
Contract/Order No........ dated for ........................ (work/assignment description) on production of a
bank guarantee equivalent to 110% of the advance payment indicated above.
2. We ................................... Bank having its branch office at ........do hereby agree and undertake to
pay the amount due and payable under this guarantee without any demur, merely on a demand from
the Company stating that in the opinion of the Company which is final and binding, the amount claimed
is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason
of non-payment/adjustment of any part of the said advance or any clues to the company or any breach
by the said Contractor(s)/se|ler(s) of any of the terms and conditions contained in the said
contract(s)/orders(s) or by reasons of the Contractor(s)/Seller(s) failure to perform the said
Contract(s)/Order(s). Any such demand made on the Bank by the Company shall be conclusive as
regards the amount due and payable by the Bank under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding Rs (Rupees .................... only).
3. We undertake to pay to the Company any money so demanded not withstanding any claim dispute or
disputes raised by the contractor(s)/Seller(s) in any suit or proceeding pending before any office, court
or tribunal relating thereto our liability under this present guarantee being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for payment there
under. Our liability to pay is not dependable or conditional on the Company proceeding against the
winding up, dissolution or change of constitution or insolvency of the said tenderer(s) but shall in all
respect and for all purposes be binding and operative until payment of all money due or liabilities under
the said contract(s)/order(s) are fulfilled.
effect during the period that would be taken for the performance of the said Contract(s)/Order(s) and
that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said
Contract(s)/Order(s) have been fully paid and its claims satisfied or discharged or till a duly authorized
officer of the Company certifies that the terms and conditions of the said Contract(s)/Order(s) have been
fully and properly carried out by the said Contractor(s)/Seller(s) and accordingly discharges this
guarantee.
6. That the Company/Company will have fully liberty without reference to us and without affecting this
guarantee to postpone for any time or from time to time the exercise of any of the power of the Company
under the Contract(s)/Order(s).
7. Notwithstanding anything contained herein before, our liability shall not exceed Rs ......................
(Rupees .............................. only) and shall remain in force till.................Unless a demand or claim
from time to time on the request of the Contractor(s)/Seller(s).
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bank

Details of Persons issuing the BG:

Name-----------------------
E-mail: ---------------
IFSC code
Note:
__________________________________________________________________________________
BANK GUARANTEE AGAINST FREE ISSUE OF MATERIALS
GUARANTEE NO DATE
WHEREAS National Aluminium Company Limited (hereinafter referred to as "the Company") which
expression shall unless repugnant to the context includes their legal representatives, successors and
assigns having their registered office at NALCO BHAWAN, P/1, NAYAPALLI, BHUBANESWAR-751061,
Odisha, and their Branch Unit/office at _______________________ (UNIT/OFFICE ADDRESS), has
entered into a Contract with M/s ______________________ (hereinafter referred to as the Contractor
which expression shall unless repugnant to the context include their legal representatives, successors
and assigns for the work of ______________________________________ on the terms and conditions
as set out, inter-alias, in the Company’s Contract No._________________________ dated:
____________________ and various documents forming part thereof hereinafter collectively referred
to as the "said contract" which expression shall include all amendments, modifications and/or variations
thereto.
AND WHEREAS one of the conditions of the said contract is that the Company has agreed to supply to
the contractor raw-materials (hereinafter referred to as the "said materials") for the purpose of execution
by the contractor of the said contract and pending execution by the contractor of the said contract
incorporating the said materials, the said materials shall be under the custody and charge of the
contractor and shall be kept, stored, altered, worked upon and/or fabricated at the sole risk and expense
of the Contractor.
AND WHEREAS the Company has asked the contractor for adequate security for the said materials to
be supplied to the contractor under the contract.
AND WHEREAS at the request of the contractor the Company has agreed to accept a bank guarantee
from _____________________ with Registered Office at ___________________________________
(hereinafter referred to as "the surety").
NOW THIS GUARANTEE WITNESSETH that in consideration of the Company having at the request of
contractor agreed to accept a Bank Guarantee of the Surety amounting to Rs. _________________
(Rupees __________________________________ only) in respect of the said materials against any
and all loss, damage, destruction (inclusive of but not limited to any and all loss or damage or
destruction to or of the said materials or any item or part thereof by theft, pilferage, fire, explosion,
storage, chemical or physical action or reaction, bending, wrapping exposure, rusting, faulty
workmanship, faulty methods or technique of fabrication, or other act of omission or commission
whatsoever within the control of the contractor, misuse or misappropriation by the contractor and the
contractor's servant and/or agents whatsoever to or of in the said materials or any part of items thereof
from the date the said materials was supplied to the contractor up to and until the date of return to the
Company of the said materials or relative part of item thereof or completed fabricated work(s)
incorporating the said materials, the surety shall indemnify and pay, without protest or demur and
without recourse to the contractor, the Company up to and not exceeding altogether a sum of
Rs.______________________ (Rupees __________________________________________ only) on
demand by the Company. The decision of the Company as to any loss, damage, destruction, misuse
and misappropriation under the terms and conditions of this guarantee shall be final and binding on the
Surety.
THIS GUARANTEE is irrevocable and will remain in force and effect up to and until the said materials
have been returned to the Company as per terms of the said contract and intimation thereof being given
by the Company to the surety on the aggregate amount payable hereunder has been paid by the surety
to the Company, whichever is earlier.
Notwithstanding anything stated above, the liability of the surety under the guarantee is restricted to Rs.
_________________________ (Rupees ___________________________ only) and this guarantee will
remain in force up to _____________________ in the first instance. However, if the contractor's
obligations under this guarantee is not completed or fully performed within this period, the surety hereby
agrees to further extend the guarantee till such time as is required to fulfill such obligations.
We have the power to issue this guarantee in your favour under memorandum and Articles of
Association and the undersigned has full power to do so under the power of Attorney dated
_____________ granted to him by the Bank.
Unless a claim made on us within three months from the date of expiry, i.e., _____________, all our
rights under the said guarantee shall be forfeited and we shall be relieved, and discharged from
all liabilities there under.
Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bank


Name-----------------------
E-mail: ---------------
IFSC code
Note:
……………………………………………………………………………………………………………
Declaration Form for availing Purchase Preference
Sr. Parameter Declaration

no.
1 We confirm that our offer is achieving the minimum Yes / No
local content target as per clause 4 & 5 of Revised
Procedure to Provide Preference to “Make in
India” In Public Procurement (enclosed with the
Bidding Documents). The requisite Undertaking
along with supporting certificate (if required) is
submitted is enclosed.
Based on the above clause, we certify that we are

classified as:
a) Class I Supplier (Having minimum 50% Yes / No

local Content)
b) Class II Supplier (Having minimum 20% Yes / No

but less than 50% local Content)
2 Whether bidder wants to avail purchase Yes/ No

preference under Public Procurement Policy-
2012? (PPP-2012)
Note:
The bidder claiming the PP-LC benefit shall furnish following undertaking on bidder’s
letterhead.
The LC content shall be self-assessed and certified by the authorized signatory of the
bidder, signing the bid.
In line with Clause 7.b of the above policy, the said certificate shall be also signed by
statutory auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant, wherever required.
Bidder’s signature: __________________________________ (With Seal/ Stamp)

UNDERTAKING (to be submitted on Company’s Letterhead)
(Where the total quoted value is less than INR 10 Crore)
Certification by the bidder
I__________, Son/ Daughter of ____________, do solemnly affirm and state as under:
1. I am the ______________________<<Designation of the authorized signatory>>of

_______________and I am duly authorized to furnish this undertaking declaration on
behalf of_____________.
2. That__________ has submitted its bid No _______________ against RFQ

No.___________ for ________ (item) for 5th Stream Alumina Refinery expansion Project
of NALCO.
3. That the Company is fully aware of the provisions of Purchase Preference (Linked with
Local Content) (PPLC-2020) Policy, enclosed with the above RFQ/Addendum.
4. We hereby confirm that our offer is achieving the local content (LC) of
a. minimum 50% local Content
b. minimum 20% but less than 50% local Content
c. Less than 20% local Content
(tick whichever is applicable.)
5. I confirm that I am aware of the implication of the above undertaking and our liability on
account of wrong declaration.
(Authorized signatory of Supplier)

Note: This undertaking shall be certified by the authorized signatory of the bidder, signing
the bid.
UNDERTAKING (to be submitted on Company’s Letterhead)
(Where the total quoted value is INR 10 Crore or above)
Certification by the bidder
I__________, Son/ Daughter of ____________, do solemnly affirm and state as under:
1. I am the ______________________<<Designation of the authorized signatory>>of

_______________and I am duly authorized to furnish this undertaking declaration on
behalf of_____________.
2. That__________ has submitted its bid No _______________ against RFQ

No.___________ for ________ (item) for 5th Stream Alumina Refinery expansion Project
of NALCO.
3. That the Company is fully aware of the provisions of Purchase Preference (Linked with
Local Content) (PPLC-2020) Policy, enclosed with the above RFQ/Addendum.
4. We hereby confirm that our offer is achieving the local content (LC) of
5. I confirm that I am aware of the implication of the above undertaking and our liability on
account of wrong declaration.
(Authorized signatory of Supplier)
Certification by the statutory auditor / Chartered Accountant of the bidder

We, _________________________________, a CA firm having our registered office address
_____________________________ and certificate number ________________ certify that
we are statutory auditor of the Company M/s ____________________________, having its
registered office at ______________________________.
OR
We, _________________________________, a CA firm having our registered office address
_____________________________ and certificate number ________________ certify that
statutory auditor is not mandatory for the company M/s ____________________________,
having its registered office at ______________________________ as per prevailing law and
we are practicing Chartered Accountant, not being an employee / Director and not having any
interest in the company.
We have understood the provisions of Purchase Preference (Linked with Local Content)
(PPLC-2020) Policy, enclosed in the above bidding document.
We hereby confirm that our offer is achieving the local content (LC) of
(Statutory auditor / Chartered Accountant of the bidder)
Note: The LC content shall be self-assessed and certified by the authorized signatory of the
bidder, signing the bid.
In line with Clause 7.b of the above policy, the said certificate shall be also signed by statutory
auditor or cost auditor of the company (in the case of companies) or from a practicing cost
accountant or practicing chartered accountant, wherever required.
PROPOSAL FORMS

INDEX OF PROPOSAL FORMS
FORM-A FORM OF BID INCLUDING ANNEXURE OF INFORMATION ABOUT

BIDDER
FORM-B DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT
FORM-C DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENT
FORM-D METHODOLOGY OF EXECUTION
FORM-E DETAILS OF PROPOSED ORGANISATION
FORM-F DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL AND
CONSTRUCTION WORKERS
FORM-G DECLARATION OF BIDDER’S INDIAN INCOME TAX LIABILITY
FORM-H DELETED
FORM-I LITIGATION / ARBITRATION DETAILS
FORM-J EXCEPTIONS & DEVIATIONS
FORM-K PROFORMA OF CERTIFICATE OF NON INVOLVEMENT OF AGENT
FORM-L FORMAT OF LETTER OF WAIVER OF CONDITIONS / DEVIATIONS
FORM-M FORMAT FOR BIDDER’S QUERIES FOR PRE BID DISCUSSION
FORM N CONCURRENT COMMITMENTS
FORM O SOCIAL ACCOUNTABILITY 8000 COMPLIANCE FORMAT
FORM P DETAILS OF SAFETY STATISTIC OF PAST 3 YEARS
********************
FORM-A
Bidding Document No : 6695-CMG-G00-CA-0028( Fire Detection and Protection System
Package)
FORM OF BID
(To be filled by the Bidder)
Serial No. Date:
From
To
National Aluminium Co. Ltd.
Bhubaneswar
Orissa.
Dear Sirs,
Having examined the Bidding Documents consisting of the Invitation for Bid, Instructions to
Bidders, General Conditions of Contract, Special Conditions of Contract, Specifications,
Technical requirements, Time Schedule, Form of Contract, Form of Bid, Price Schedule and
Amendment(s) (if any) to the Bidding Document, and having understood the provisions of the
said Bidding Documents and having thoroughly studied the requirements of National
Aluminium Co. Ltd. relative to the work for in connection with the Alumina Refinery Stream-5
Project at Damanjodi, Odisha, India and having conducted a thorough study of the job site(s)
involved, the site conditions, soil conditions, the climatic conditions, labour, power, water,
material and equipment availability, the transport, communication facilities and access to site,
the availability and suitability of borrowed earth areas, the availability of land and/or
premises for temporary office and accommodation quarters and all other factors and facilities
and things whatsoever necessary or relevant to the formulation of the Bid and the performance
of Work, I/we hereby submit our bid/offer for the performance of the proposed services and
supplies in accordance with the terms and conditions and within the time mentioned in the
Bidding Document at the lumpsum price quoted by me/us in the Price Schedule(s) included
within the Bidding Document. If the Work is awarded to me/us, I/we undertake to perform the
Work and make the supplies in accordance with the Contract Documents forming part of the
Bidding Document and accept the terms and conditions of Contract as laid down therein and
undertake within 21 (Twenty one ) days of receipt of the Brief Order of of Acceptance to
deposit with NALCO, Bhubhaneswar a sum equivalent to 3% (Three percent) of the Lumpsum
price as specified in BOA ( plus applicable GST) by way of Bank Guarantee from any of the
Banks mentioned in the Bidding Document and to commence work at the job site(s) involved
within the period specified in the Bidding Document and to sign the formal Contract in terms
of the Form of Contract forming part of the Bidding Documents within the period specified by
NALCO Ltd., failing which NALCO Ltd. shall be at liberty, without further reference to me/us
and without prejudice to any of its other rights or remedies, to terminate the Contract.
I/ We further undertake to keep my/our this Bid/offer open for a period of not less than 6
(six) months from the date of specified in the Instruction to Bidders forming part of the
Bidding Document.
I/We hereby further state that I/We/None of us (in the case of partnership firm) was/were
employed as Directors of NALCO Ltd. during the period of 2 (Two) years immediately
preceding the date hereof OR I/We hereby declare that I Shri………………. one of our
partners (in the case of partnership firm) was employed as a director in NALCO Ltd., during
the period of 2 (Two) years immediately preceding the date hereof and that Shri
……………………. OR I/We has/have obtained previous permission of NALCO Ltd. to make
this Bid. I/We hereby declare that Shri ……………… one of directors was employed as a
director of NALCO Ltd. during a period of 2 (Two) years immediately preceding the date
hereof and that Shri ……………. /I/We has / have obtained previous permission of NALCO
Ltd. to make this Bid.
I/We have annexed to this Bid the following documents:
(i) Original Power of Attorney or other proof of authority of the person who has signed
the Bid or Copy of Power of Attorney or other authority duly certified by a Notary
Public in proof of authority of the person who has signed the Bid:
(ii) Audited Balance sheet of the bidder for the last 3 (Three) years.
(iii) Information Regarding Bidder in the form enclosed with the Bidding Document.
(iv) Information regarding construction organization and equipment in the form enclosed
with the Bidding Document.
(v) Table of Contents (Master Index) of the Bidding documents, as issued duly signed
as a token of receipt of the complete set of the Bidding Document.
(vi) Additional documents as listed below:
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
………………
I/We hereby undertake that the statements made herein and the information given in the
Annexures referred to above are true in all respects and that in the event of any such
statement or information being found to be incorrect in any particular, the same may be
construed to be a misrepresentation entitling NALCO Ltd. to avoid or terminate any resultant
Contract.
I/We further undertake as and when called upon by NALCO Ltd. to produce for its inspection,
original(s) of the documents(s) of which copies have been annexed hereto.
Yours faithfully,
(Signature(s) of the Bidders(s))
Name & Designation of authorised person signing the Bid on behalf of the Bidder(s) Full
Name and address of the Bidder(s)
ANNEXURE TO FORM-A
INFORMATION ABOUT BIDDER
Name of Work:
Tender No.:
Name of the Bidder:
1. Name and Address of the Company
2. Amount of paid-up Capital
3. Name of Director(s)
4. Date of Registration of Company
5. Copies of the Audited Balance Sheet and Profit & Loss Account of the Company for the Last
three years
6. Copies of:
a) Memorandum of Association /Article of Association/Certificate of Incorporation.

b) Certificate of Commencement of Business:
c) Joint Venture Agreement as amended up to (if any):
d) Date of Subsidiary Agreement, if any:
7. Bidders shall furnish a Declaration giving the names of other firms / agencies /
partnership firm/wholly owned or partly owned subsidiary etc., where they are
having financial /professional stakes and also give a certificate, if any, such firm /
agency are participating in this Tender.
8. Whether any of the Directors of the company is a Director or is related to any Director of
NALCO, present or within the past 2 years (as per format attached).
9. Details regarding Home Office / Back Office of the Bidder

Current strength of technical manpower
Date of start of operation
DECLARATION OF RELATIONSHIP WITH DIRECTORS OF NALCO
The Tenderer shall declare the following information in exhaustive details:-
Sl.
Description (PLEASE SPECIFY)
No.
i) Whether proprietor is a Director or is related to any

Director of NALCO present or retired within the past
2 years.
ii) Whether any partner or member of the firm is

a Director or is related to any Director of NALCO
present or retired within the last two years.
iii) Whether any of the Directors of the Company is

a Director or is related to any Director of NALCO
present or retired within past two years.
(Signature of the Bidder)

Name and address of the Bidder
FORM-B
DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT
We (Name of the Bidder) hereby represent that we

have gone through and understood the Bidding Document (including but not limited to) the
Commercial & Technical Requirements/ Specifications in the entire Bidding Document and that
our Bid has been prepared accordingly in compliance with the requirements stipulated in the
said documents.
We are submitting one set of the Master Index and Addendum / amendments, if any, as part
of our Bid, duly signed and stamped on each page in token of our acceptance. We undertake
that said Bidding Documents (including all Addendum / Amendments, if any) shall be deemed
to form part of our bid and in the event of award of work to us, all the parts shall be
considered for constitution of Contract Agreement in the event of award of Contract to us.
SIGNED FOR AND ON BEHALF OF
(NAME OF BIDDER)
PLACE:
DATE:
NOTE: This declaration should be signed by the Bidder’s representative who

is signing the Bid.
FORM-C
DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENT
SL. DESCRIPTION CAPA DEPLOYMENT
NO. - SCHEDULE (MONTHS)
CITY 18 19 20 - - -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 - - - - -
TOTAL
1 CRANES
1.1 Greater than 1200 MT
1.2 1000 MT
1.3 750 MT
1.4 500 MT
1.5 350 MT
1.6 250 MT
1.7 150 MT
1.8 75 MT
1.9 50 MT
1.10 30 MT
2 DIESEL
GENERATORS
2.1 500 KVA

2.2 300 KVA/250KV
SL. DESCRIPTION CAPA DEPLOYMENT

NO. - SCHEDULE (MONTHS)
CITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17
18 19 20 - - -
- - - - -
TOTAL
250 KVA/150KV/125KVA
2.3
COMPRESSORS
3
600 CFT
3.1
350 CFT
3.2
WELDING M/CS
4
4.1 DIESEL WELDING M/C

WELDING
4.2 RECTIFIERS
4.3 TIG WELDING SETS

4.4 BAKING OVENS
GRIT BLASTING
5 M/CS
SPRAY PAINTING
6 M/CS
7 STRESS RELIEVING
M/CS
8 RADIOGRAPHY M/CS
9 HYDROTEST PUMPS
10 WATER PUMPS
DEPLOYMENT SCHEDULE (MONTHS)
SL. DESCRIPTION CAPA
NO. -
CITY - - TOTAL
11 TRANSPORTATION
EQUIPMENT
11.1 TRACTOR - TRAILOR
11.2 TRUCKS
11.3 BUS
12 JACKS
12.1 MECHANICAL
12.2 HYDRAULIC
13 CIVIL
13.1 EXCAVATORS
13.2 DUMPERS
13.3 BATCHING PLANTS

13.4 CONCRETE PUMP CAR
13.5 TRANSIT MIXER
13.6 MIXER
13.7 VIBRATORS
13.8
COMPACTORS
DEPLOYMENT SCHEDULE (MONTHS)
SL. DESCRIPTION CAPA
NO. -
CITY - - TOTAL
13.9 THEODOLITES
14.0 OTHERS
14.1 INSULATION
TESTING
EQUIPMENT
14.2 SECONDARY
INJECTION
TESTING KIT
14.3 METERS, TOOLS
& TACKLES ETC.
14.4 CALIBRATION
EQUIPMENT
14.5 OTHER TOOLS &
TACKLES
14.6 MULTI-METERS
CALIBERATORS ETC.
Note: Bidder agrees to augment the above list with additional numbers/category/type/capacity, if required as per Contract or/and as directed by
OWNER/tkIS-INDIA to complete the work within the completion schedule and contract price. Bidder may add project specific equipment in the above list.
FORM-D
BIDDING DOCUMENT NO. 6695-CMG-G00-CA-0028
SUBJECT: METHODOLOGY OF EXECUTION
Name of the Bidder :
Bidder shall detail out Methodology of Execution of work, as applicable for the following:
Bidder shall furnish the following:
1. Methodology of execution of residual basic design and detailed
engineering considering/ furnishing
- Availability of 3D modelling with PDMS software along with details such as
number of work stations, available experienced manpower etc.
- Availability of latest IT communication system and Engineering Documentation
- Management & control & Transfer of deliverables
- Exposure of engineering company for above software
- Month wise deployment of Key and other personnel by the main bidder at Bidder's
design office for review, approval and monitoring in the form of Histogram.
2. Complete Methodology of Construction Execution covering, inter alia, the following:
A) Peak construction key quantities to be executed in a month
- Excavation Hard Rock (M3)

- Piles ( Nos.)
- RCC ( M3)
- Structural fabrication (MT)
- Structural erection (MT)
- Piping welding in shop (Inch dia)
- Piping welding in field (Inch dia)
- Electrical & Instrumentation Cable Erection (KM)
B) Distribution matrix of month wise major key quantities to be executed for the entire
construction duration
Item Unit Total Month wise quantities

description qty 1 2 3 4 5 6 7…..
Hard Rock M3
Excavation
RCC M3
Piles Nos
Structural MT
fabrication
Structural MT
erection
Piping ID
welding
(Shop)
Pipe RM
Laying
Pipe ID
Welding
(Field)
Electrical Km
Cable
Laying
Instrument Km
Cable
Laying
C) Mobilisation of resources for blasting / chiselling of hard rock

D) Mobilization of heavy duty crane for installation of heavy lifts
E) Labour productivity/day considered
- Welder ( Shop Inch dia)

- Welder ( Field Inch dia)
- Carpenter ( Sqm)
- Bar bender ( Kg)
F) Efficiency considered during monsoon working
- % of normal efficiency
- Period of such efficiency in a year
G) Extent of mechanization considered for construction processes/equipment
- Excavation
- Concrete works
- Modular structure/extent of modularization
- Auto welding
H) Expediting of material/equipment
- Methodology considered for expediting including fall back arrangement for any delay
I) Philosophy of fabrication of Pipe Spools, Structural Steel, Site Fabricated Tank components
etc. (Example – Pipe fabrication at site or at different shop located outside, Supply of
prefabricated structural steel from shop outside site location etc).
J) Execution methodology to highlight the protection measures to be taken in view of

continuous refinery operation i.e. no unsafe situation occurs during construction execution.
K) All other details mentioned in the document titled “Project Execution Plan” or other
documents enclosed with the Technical portion of the Bidding Document.
DATE:
FORM-E
DETAILS OF PROPOSED ORGANISATION
The Bidder shall submit herein details of Head Office and Project/Site Organisation proposed to be
deployed for execution of work. Bidder shall also furnish the bio-data of Site-in-Charge and key
personnel to be deployed meeting the minimum criteria specified in the SCC.
Bidder understand that the said proposal represents the minimum deployment and the Bidder
acknowledges that the said deployment may have to be augmented with additional number
and/or categories, if required if directed by Engineer-in-Charge in order to compete the work
within the completion schedule and quoted lump sum price.
SIGNATURE OF BIDDER :
NAME OF BIDDER :
Bidding Document No : 6695-CMG-G00-CA-0028 DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL FORM-F
SL. DESCRITPION DEPLOYMENT SCHEDULE (MONTHS)

NO.
19 20 - - - TOTAL MAN-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - - - - MONTHS
PROJECT
1 MANAGEMENT
PROJECT
1.1 MANAGER
PLANNING
1.2 MANAGER
PLANNING
1.3 ENGINEERS
RESIDUAL
2 DESIGN AND
DETAILED
ENGINEERING
PROJECT
2.1 ENGINEERING
MANAGER
ENGINEERING
2.2 COORDINATOR
ENGG. PERSONNEL
2.3 FOR VARIOUS
DISCIPLINE
CIVIL
2.3.1 STRUCTURAL
(i) ENGINEERS

NO.
19 20 - - TOTAL MAN-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - - - - -
MONTHS
PRESSURE
2.3.2 VESSELS
MECHANICAL
2.3.3
EQPT/ ROTARY
EQPT.
PIPING
2.3.4
(i) ENGINEERS
2.3.5 ELECTRICAL
(i) ENGINEERS
2.3.6 INSTRUMENTAT-
ION
(i) ENGINEERS
2.3.7 MISCELLANE-
OUS
3 PROCUREMENT
3.1 PURCHASE
3.1.1 PURCHASE
MANAGER
3.1.2 PURCHASE
COORDINATOR
3.1.3 PURCHASE
OFFICER
3.2 INSPECTION

NO.
19 20 - -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - - - TOTAL MAN-
MONTHS
3.2.1 INSPECTION
MANAGER
3.2.2 INSPECTORS
3.3 EXPEDITING
3.3.1 EXPEDITING
COORDINATOR
3.3.2 EXPEDITORS
3.4 CUSTOM
CLEARANCE,
IMPORT
LICENCE, TRANS-
PORTATION
PERSONNEL
4 SITE
CONSTRUCTION
4.1 PROJECT
MANAGER
/ SITE
MANAGER
4.2 CONSTRUCTION
MANAGER
4.3 CIVIL
STRUCTURAL
4.3.I LEAD ENGINEER
4.3.2 SITE ENGINEER
4.3.3 SUPERVISORS
NO.
19 20 - -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - TOTAL MAN-
MONTHS
4.4 MECHANICAL
WORKS
4.4.I LEAD ENGINEER
4.4.2 SITE ENGINEER
4.4.3 SUPERVISORS
4.5 PIPING WORK
4.5.1 LEAD ENGINEER
4.5.2 SITE ENGINEER
4.5.3 SUPERVISORS
4.6 ELECTRICAL
WORK
4.6.1 LEAD ENGINEER
4.6.2 SITE ENGINEER
4.6.3 SUPERVISORS
4.7 INSTRUMENTATI ON
WORK
4.7.1 LEAD ENGINEER
4.7.2 SITE ENGINEER
4.7.3 SUPERVISORS
NO.
19 20
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - - TOTAL MAN-
MONTHS
4.8 QUALITY
ASSURANCE/
QUALITY
CONTROL
4.8.1 QC/QA MANAGER

4.8.2 INSPECTOR (CIVIL)
4.8.3 INSPECTOR (PIPING)
4.8.4 INSPECTOR
(MECH EQPT)
4.9 SAFETY ENGINEER

4.10 SITE ENGINEERING
WORKS
4.10.1 ENGINEERS
4.10.2 SUPERVISORS
4.11 COMPUTER
ENGINEER
4.12 ADMINISTRAT-
ION MANAGER
4.13 MISCELLANE-
OUS
4.14 WAREHOUSE
PERSONNEL
4.15 MATERIAL
MANAGER
4.16 COMMISSION-
ING
SL. DESCRIPTION DEPLOYMENT SCHEDULE (MONTHS)

NO. 20 -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - - TOTAL MAN-
MONTHS
i) COMMISSION- ING
COORDINATOR
ii) COMM
ENGINEER
(SHIFT- IN-
CHARGE)
iii) CONTROL ROOM

COORDINATOR
iv) FIELD
SUPERVISOR
v) TECHNICIAN
4.17 OTHERS
Note: Bidder agrees to augment the above list with additional numbers/category/type/qualification / specialization etc, if required as per Contract or/and as
directed by OWNER/TKIS-INDIA to complete the work within the completion schedule and contract price.
Bidding Document No : 6695-CMG-G00-CA-0028 DEPLOYMENT SCHEDULE OF CONSTRUCTION WORKERS
FORM-F
NO. 19 20 - -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - -- - - - TOTAL MAN-
MONTHS
1 BAR BINDER
2 CARPENTER
3 MASON
4 PLUMBER
5 UNSKILLED
WORKERS
6 STRUCTURAL
FITTER
6 PIPE FITTER
7 FABRICATOR
8 MILL WRIGHT
FITTER
9 ARC WELDER
10 TIG WELDER
11 TACK WELDER
12 RIGGER
13 GRINDER
14 GASCUTTER
SL. DESCRIPTION DEPLOYMENT SCHEDULE (MONTHS)

NO. 19 20 - -
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - - - - - TOTAL MAN-
MONTHS
15 SCAFFOLDER
16 HELPER
17 DG OPERATOR
COMPRESSOR
18 OPERATOR
SORT BLASTER
19
20 PAINTER
21 ELECTRICIAN
22 ELCTRICAL
ECHNICIAN
23 INSTRUMENT
TECHNICIAN
24 INSULATION
FITTER
25 INSULATION LAGGER
26 INSULATION CLADDER
Note: Bidder agrees to augment the above list with additional numbers/category/type/qualification / specialization etc, if required as per Contract or/and as
directed by OWNER/tkIS-INDIA to complete the work within the completion schedule and contract price.
FORM-G
DECLAR ATION OF BIDDER’S INDIAN INCOME TAX LIABI LITY
(TO BE GIVEN ON BIDDER’S LETTERHEAD)
We, , hereby declare that we have no outstanding Indian Income Tax

liability
OR
We, , hereby declare that we have an outstanding Indian Income Tax

liability of Rs. (Rupees only) made up as follows:
Assessment Year Amount
Total:
The said amount(s) is/are outstanding for the following reasons: (State Reasons).
We have furnished the following securities to secure payment(s) of the said outstanding: (State
securities (if any) and amounts secured)
SIGNATURE OF THE BIDDER :
NAME OF THE BIDDER :
DATE:
FORM-H
DELETED
FORM-I
SUBJECT: LITIGATION/ARBITRATION DETAILS
In this Exhibit, Bidder shall furnish details of litigation/arbitration cases of the Bidder during
the last 5 years.
NAME OF BIDDER :
DATE:
FORM – J
Bidding Document No : 6695-CMG-G00-CA-0028( Fire Detection & Protection System Package)
EXCEPTIONS AND DEVIATIONS
BIDDING DOCUMENT
REFERENCE
SL.
PART NO./ PAGE CLAUSE SUBJECT DEVIATION
NO
VOLUME NO. NO.
NOTE : 1.
If unavoidable, Bidder may stipulate deviations to the requirements of the Bidding
Document only in this format.
2.
Bidder to furnish such Technical and Commercial deviations, if any, separately BUT
ONLY IN THIS FORMAT. Also, Technical deviations, if any, are to l be furnished
separately for each discipline i.e. Process, General Civil, Structural, Architectural,
Piping, Mechanical Equipment, Pressure Vessels, Rotating Equipment, HMTD,
Electrical, Instrumentation, Construction etc.
3.
Any deviations stated elsewhere in the bid shall not be taken into account and
may render the bid non-responsive and liable to be rejected.
STAMP & SIGNATURE OF BIDDER :
NAME OF BIDDER :
DATE:
FORM-K
PROFORMA OF CERTIFICATE OF NON-INVOLVEMENT OF AGENT
Where Agent/Consultant/Representative/Retainer/Associates is not involved, the bidder shall certify in the

proforma given below on its letterhead.
This is to Certify that we have not engaged/involved any Agent/Representative/ Consultant/Retainer/Associates

who is not our employee for the purposes of accompanying bid or any resultant Contract and therefore, no
Agent’s/Retainer’s/ Representative’s/Consultant’s/Associate’s commission is payable in India or abroad
against or in connection with any resultant Contract.
SIGNATURE OF THE BIDDER :
NAME OF THE BIDDER :
DATE:
FORM- L
NAME OF PACKAGE : FIRE DETECTION AND PROTECTION SYSTEM PACKAGE
FORMAT OF LETTER OF WAIVER OF CONDITIONS / DEVIATIONS
(ON COMPANY’S LETTERHEAD)
Bidding Document No. 6695-CMG-G00-CA-0028
We * hereby agree to fully comply with, abide by and accept without variation, deviation
or reservation all technical, commercial and other conditions whatsoever of the a b o v e
r e f e r r e d Bidding Document and all Addenda / Corrigenda issued by NALCO / tkIS-INDIA.
We further hereby waive, withdraw and abandon any and all deviations, variations, objections or reservations
whatsoever hereto set out, given or indicated in our offer, clarifications, correspondence, communications, or
otherwise with a view that the priced bid ( along with price implication, if any ) or the revised priced bid (if
any) submitted, shall be treated to conform in all respects, with the terms and conditions of the said Bidding
Document including all Addenda / Corrigenda/Amendments.
**
For & on behalf of
Authorised signatory
* Here fill in the name of bidder.

** The Letter of Waiver must be signed by the person (s) authorised to sign.
FORMAT FOR BIDDER'S QUERIES FOR PRE BID DISCUSSION FORM-M
SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S QUERY OWNER'S REPLY

NO.
PART / Page No. Clause Subject
VOL. No.
NOTE: The Pre-Bid Queries may be sent by e-mail to: sulesh.pradhan @thyssenkrupp.com /
Girish.masurkar @thyssenkrupp.com / tkISIndia.nalcotf@thyssenkrupp.com
NAME OF BIDDER :
DATE:
FORM – N
.
DETAILS OF CONCURRENT COMMITMENTS AS ON DATE OF BID SUBMISSION
Postal address / email ID, Date of Schedule % age

Sl. Description Value of Expected date of
Phone no of client and commencement completion completion Remarks
no. of work contract completion
name of Officer In charge of work period as on date
NAME OF BIDDER : ______________________________
COMPANY SEAL :
Note: Bidder confirms the following : (a) The above details are correct and represent all the concurrent commitments of the Bidder as on date of Bid
submission; (b) Notwithstanding the above commitments, they have the capacity to execute the Package Unit covered in this Bidding Document, if
awarded to them by NALCO, and they shall deploy adequate and appropriate resources in line with the requirements of this Bidding Document, for
timely completion of the job.
FORM – O
Social Accountability 8000 Compliance Format

A. Basic information
Name of the organization
Address
Telephone No
Name of the Proprietor
Nature of Business
License Number and date

of expiry
Employees Staff (Total Number) Workmen (Total Number)
 Permanent
 Casual
 Badli
 Temporary
 Contracted
B. Information regarding Social Accountability
 What is the minimum age required to join ___________ Years

your organization?
 What types of certificates (Like mark sheet, Original Copy / Xerox
birth certificate) you keep with you?
 Do you require to keep any kind of deposit Yes/No

inform of cash at the time of employment?
 Do you provide safe & healthy work environment Yes/No

as per statutory requirement?
 If directly not provided by you, do you get Yes/No

health & safety benefits from NALCO?
Are you certified for SA 8000? Yes/No
If Yes, please submit a copy of SA8000 Certificate along with this
filled up questionnaire
Have you undergone Code of Conduct Audit (COC Audit) Yes/No
in last 2 years ?
If yes, please submit a copy of Code of Conduct Audit Report
along with this filled up questionnaire
Have your sub-suppliers been certified for SA 8000? Yes/No
Have your sub-suppliers undergone Code of Conduct Audit Yes/No
(COC Audit) in last 2 years?
 Do you provide personal protective equipment(s) Yes/No

to your employees free of cost?
 Do you provide safety training to your employees? Yes/No

 Do you ensure canteen facility for your employees? Yes/No
 If not, do you get the facilities from NALCO Yes/No
 What types of medical benefits you provide to your employees?
 Do you allow trade union and collective bargaining in

your organization? Yes/No
If no, how do you ensure freedom of expression?
 Incase of non-performance of any employee, how do you deal with such situations?
 What are the procedures of hiring/promotion/ remuneration in your organization?
 Do you provide appointment letter to your employees? Yes/No
 Do you maintain a documented terms and conditions Yes/No

of employment?
 Do you maintain a disciplinary procedure? Yes/No
 If no, how do you terminate your employee?
 How do you ensure that your employees are not discrimination on the basis of cast creed, gender, religion, age and dieses?
 How many shift you have? _______ shifts
 What is the official working time? _______ hours
 Which day is off day in your organization? ____________
 In case, a person works in off day or holiday, how is he/she compensated?
 Do you pay overtime to your employees as per law? Yes/No
 What is the lowest amount (salary/wage) you pay to Rs._______/-

your employees?
 Is there any case of deduction in wage? Yes/No

 In case, it is yes, what are the general reasons for such deduction?
 Is there any apprentice period in your organization? Yes/No
 If yes, what is the apprentice period in your organization? ___________
 Do you have any international certification Yes/No
 If yes, please specify
 Do you receive, handle or promote goods and/or services Yes/No

from supplier/subcontractors or sub-suppliers
 Do you receive, handle or promote goods and/or services Yes/No

from supplier/subcontractors or sub-suppliers who are
classified as home worker?
 If yes, what steps you have taken to ensure that they get similar level of protection as afforded to directly employed employees?
 Have you taken care to look into issues related to child labor Yes/No
Forced labor, health & safety, working hours and remuneration
of your suppliers
We do hereby declare that our organization is committed to social accountability. We will promptly implement remedial/corrective
actions identified against the requirement and promptly inform your organization. We also declare that the sub contractors/sub
supplier’s performances are monitored by us. Moreover, we declare that if invited, we shall participate in awareness program as
well as monitoring program organized by you.
We declare that the above-mentioned information is correct.
Signature:
Designation:
Date Seal of the organization

FORM – P
DETAILS OF SAFETY STATISTIC OF PAST 3 YEARS
Bidder to furnish details / relevant document:
Name of Bidder :
Cum. Lost Time
Man-hours Injury
FINANCIAL YEAR Worked Fatalities Cases
without
LTI
2017 – 2018
2016-2017
2015-2016
SIGNATURE OF BIDDER WITH SEAL
***************
SPECIAL CONDITIONS (PART A) OF LSTK CONTRACT

Fire Detection And Protection System Package
Rev 00 Page 1 of 28
SPECIAL CONDITIONS
(PART A)
OF LSTK CONTRACT
Bid Document No. : 6695-CMG-G00-CA-0028


Rev 00 Page 2 of 28
Table Of Contents
1 GENERAL
2 TIME SCHEDULE
3 DELETED
4 GUARANTEES AND WARRANTEES
5 SUB-CONTRACTING (FOR CONSTRUCTION WORK)
6 QUALIFICATION AND EXPERIENCE OF KEY PERSONNEL
7 ELECTRICAL CONTRACTOR’S LICENCE
8 INDIRECT OR CONSEQUENTIAL LOSS
9 CHANGE ORDER CLAUSE
10 RESPONSIBILITY FOR SAFE TRANSPORTATION OF THE PACKAGE UNIT
11 DEFINITIONS OF MECHANICAL COMPLETION, COMMISSIONING
12 HANDING OVER OF SURPLUS / SCRAP MATERIAL AFTER THE COMPLETION OF WORK
13 SUPPLY OF STEEL, CEMENT AND TMT BARS
14 MEASUREMENT OF WORK
15 INSPECTION
16 EMPLOYMENT OF LOCAL LABOUR
17 FIRM PRICES
18 ENTRY PASSES, GATE PASSES, WORK PERMITS
19 LOCAL ROADS & HAUL ROADS
20 SURVEY AND LEVEL/SETTING OUT OF WORK
21 CONTRACTOR’S SUB-ORDINATE STAFF AND THEIR CONDUCT
22 CONTRACTOR’S RESPONSIBILITY WITH OTHER AGENCIES
23 LIENS
24 EXECUTION OF WORKS
25 WORKS IN MONSOON AND DEWATERING
26 WORK ON SUNDAYS AND HOLIDAYS
27 LIGHTING, WATCH & WARD
28 ARTICLES OF VALUE FOUND
29 DEFECTS PRIOR TO TAKING OVER
30 TERMINATION DUE TO CONTRACTOR’S DEFAULT

Rev 00 Page 3 of 28
APPENDICES :
APPENDIX-1 TO SCC : TIME SCHEDULE ( COMPLETION SCHEDULE)

APPENDIX-2 TO SCC : DELETED
APPENDIX-3 TO SCC : FORMAT FOR CONSTRUCTION SUB-CONTRACTOR’S APPROVAL
APPENDIX-4 TO SCC : QUALIFICATION AND EXPERIENCE OF KEY PERSONNEL

Rev 00 Page 4 of 28
1 GENERAL
1.1 These Special Conditions (Part A) of LSTK Contract (SCC-Part A) shall be read in conjunction
with the Special Conditions (Part B) of LSTK Contract (SCC-Part B), General Conditions of
Contract, and any other documents forming part of this Contract wherever the context so
requires.
1.2 The term “GCC” means General Conditions of Contract of NALCO, enclosed with the Bidding
Document.
1.3 "OWNER/CLIENT" means M/s National Aluminium Company Limited (NALCO) having its
Registered office at NALCO BHAWAN, P-1 Nayapalli, Bhubaneshwar-751 013, Odisha.
1.4 "CONSULTANT" means thyssenkrupp Industrial Solutions (India) Pvt. Ltd., (hereinafter referred
to as tkIS India or EPCM Consultant or Consultant) the agency engaged by Owner as Consultant
for their Project.
1.5 The ‘Engineer-in-Charge’ shall mean the person nominated by the Owner / Consultant from time
to time and shall include those who are expressly authorised by the Owner / Consultant to act
for and on their behalf for all functions pertaining to operation of this Contract. All functions
pertaining to the operation of Contract means all acts necessary for execution of the Contract
coordinating between the different agencies and final closing of the Contract.
1.6 "CONTRACTOR" means any person, company, firm or body who is engaged by Owner for works
and services connected with construction, installation, erection and commissioning of the
facilities for the Project with or without supply of equipment/material.
1.7 “Project” means Expansion of Alumina Refinery at Damanjodi for implementation of 5th Stream
with an annual production capacity of 1 Million Tonnes with related expansion of Port Facility at
Visakhapatnam.
1.8 The term “UNIT” means the entire “Fire Detection And Protection System Package ” along
with associated facilities and spares. The terms “UNIT”, “PLANT”, “LSTK PACKAGE”, “Package
Unit”, are synonymous.
1.9 The blasting is prohibited in the running plant. The excavation in rock shall be done through
alternate method like Rock breaker, Chiseling, Hydraulic splitting, Mechanical cutters, Rock
breaking by using chemical or any other suitable method without blasting.
1.10 The Contractor at his own cost shall make provisions for temporary works, materials and
plant, lighting in and around the work area along with all labour, stores and services required
for their efficient working.
1.11 The Contractor shall ensure that all the vehicles carrying equipment, consumables, cement,
reinforcement, structural steel, prefabricated structures and other construction materials are
duly recorded with all relevant details with the CISF authorities posted at the plant entrance gate/
material gate or any other designated security gate at site.
1.12 The Contractor shall ensure that all the vehicles carrying prefabricated structures, cement,
reinforcement steel, structural steel and other bulk materials are weighed in the weigh bridge
located inside the plant premises to record both the Tare & laden weight.

Rev 00 Page 5 of 28
1.13 The Contractor shall maintain all necessary formats / documents like MRIV & IMIR in which
all the relevant details relating to the procurement of the material and the supporting
documents like material test certificate, proforma invoice etc. shall be indicated.
1.14 Along with every RA bill/ Invoice submitted to Owner / Consultant, the Contractor shall submit
an intermediate material reconciliation statement along with supporting documents as a
back up document against the quantities certified for payment (as applicable). This statement
will be certified by the consultant & recommended to client along with the invoice.
1.15 Along with the final bill / invoice of a Package, the Contractor shall prepare & submit a final
material reconciliation statement for all the relevant materials incorporated in the project /
package execution. This statement after necessary review by the consultant shall be
forwarded to client for further processing & release of payment.
1.16 Wherever it is mentioned in the specifications that the Contractor shall perform certain work
or provide certain facilities it is understood that the Contractor shall do so at his cost.
1.17 The materials, design and workmanship shall satisfy the relevant Indian Standard, the job
specifications contained herein and codes referred to. Where the job specifications stipulate
the requirements in addition to those contained in the standard codes and specification,
these additional requirements shall also be satisfied.
2 TIME SCHEDULE
2.1 The entire Work ( including Final Handing Over ) shall be executed within the Time Schedule
mentioned in Appendix -1 to these Special Conditions (Part A) of LSTK Contract.
2.2 Delay, if any, by OWNER / CONSULTANT in providing Utilities and Feedstock will not be
reason for waiver of price reduction clause (PRS), if concurrently CONTRACTOR has delayed
the completion of the Scheduled Progress.
2.3 The CONTRACTOR will submit Monthly, Weekly, Daily Reports as required by the OWNER/
CONSULTANT. The CONTRACTOR will also be required to give catch-up plans in case of
delays.
3 DELETED
4 GUARANTEES AND WARRANTIES
In addition to any other Clause mentioned in this Bidding Document related to Guarantees
and Warranties , the above Fire Detection And Protection System Package shall be
guaranteed by the Contractor against all defects in design, raw materials, manufacture,
assembly, workmanship and performance for the guarantee period of 12 months from the
date of successful Commissioning of the above Fire Detection And Protection System Package
Unit or 24 months from the date of completion of Erection, whichever is earlier. The
guarantees shall also cover mechanical warrantees and performance guarantees for related
equipment efficiencies and their performance as laid down in the Bidding Document. The
guarantees shall also cover performance of the measurement and control systems as a whole.
Failure to meet the mechanical warranties and/or performance guarantees, including under-
performance of any equipment /system shall, in line with the provisions of the Bidding
Document, be made good by the CONTRACTOR by alteration, replacement or repair (including
hook-up, testing and commissioning) as necessary at no extra cost to the OWNER.

Rev 00 Page 6 of 28
The complete Package Unit designed, supplied and installed and/or erected by the
CONTRACTOR shall, on operation under local conditions, when operated under the specified
operating and design conditions, operate to the desired capacity.
5 SUB-CONTRACTING (For Construction Work)
5.1 If the CONTRACTOR is required to engage Sub-Contractor(s) for Construction work, then
such Sub-Contractor(s) shall have prior proven experience of similar work and shall require
specific approval by OWNER / CONSULTANT. However, such approval shall not absolve the
CONTRACTOR of its responsibility to execute the Contract as per the requirements of the Bid
Document. Moreover, delay, if any, by OWNER / CONSULTANT in approving any Sub-
Contractor(s) proposed by the CONTRACTOR, or, rejection if any, by the OWNER /
CONSULTANT of any Sub-Contractor(s) proposed by the CONTRACTOR, shall not entitle the
CONTRACTOR for any claims for additional compensation or any claim for an extension in the
Contractual Date of Completion.
5.2 CONTRACTOR shall submit credentials of proposed sub-contractors to the OWNER /
CONSULTANT for approval (after the award of job to CONTRACTOR), the details of Sub-
Contractor(s) as per Appendix -3 to these Special Conditions (Part A) of LSTK Contract.
CONTRACTOR shall ensure that competent and resourceful agencies with proven track
record should be proposed for the work to be sub-contracted.
5.3 If any sub-contractor engaged upon the works at the site executes any work which in the
opinion of the Engineer-in-Charge is not in accordance with the contract documents, the
Owner may by written notice to the Contractor request him to terminate such sub-contract.
The Contractor upon the receipt of such notice shall terminate and dismiss the sub-contract
and the sub-contractor. The Owner shall have the right to remove such sub-contractor from
the site if Contractor fails to vacate the sub-contractor immediately.
5.4 The action taken by the Owner under the above Clause No. 5.3 shall not relieve the Contractor
of any of his liabilities under the Contract or give rise to any right or compensation, extension of
time or otherwise.
6 QUALIFICATION AND EXPERIENCE OF KEY PERSONNEL
Qualification and Experience of Key Personnel to be deployed for this work shall be as per
Appendix-4 to these Special Conditions (Part A) of LSTK Contract. CONTRACTOR shall
submit the bio-data of Key Personnel meeting the requirement of this Appendix, which will
be reviewed and approved by Engineer-in-Charge, after award.
7 ELECTRICAL CONTRACTOR’S LICENCE
7.1 The CONTRACTOR or its nominated Sub-Contractor(s), as the case may be, shall have a valid
electrical CONTRACTOR’s license, applicable for the voltage levels involved for working in the
State in which the job site is located. The CONTRACTOR shall furnish a copy of the same to
Engineer-in-Charge and take prior permission from the Engineer-in-charge at site before
commencement of any electrical Work or Work pertaining to Electrical Systems.
7.2 No electrical Work or Work pertaining to electrical system(s) shall be permitted to be executed
without a valid Electrical Contractor’s License being produced by the CONTRACTOR or sub-
Contractor, as the case may be, intending to execute the Work.

Rev 00 Page 7 of 28
8 INDIRECT OR CONSEQUENTIAL LOSS
Neither party shall be liable to the other for any and all consequential, special, speculative,
indirect and incidental damages including but not limited to loss of use, loss of profits or
product, for extra cost of producing product, for extra cost of capital, or for failure to achieve
or delay in achieving anticipated profits or products.
9 CHANGE ORDER CLAUSE
No alterations, amendments, omissions, suspensions or variations of the Works (hereinafter

referred to as ‘Variation’ under the Contract as detailed in the Contract Documents), shall be
made by the Contractor except as directed in writing by the Consultant / Owner, but the
Consultant / Owner shall have full power, subject to the provision hereinafter contained from
time to time during the execution of the Contract, by notice in writing, to instruct the
Contractor to make such variation without prejudice to the Contract. The Contractor shall
carry out such Variations occurred in the Contract Documents. If any suggested Variation
would, in the opinion of the Contractor, if carried out, prevent him from fulfilling any of his
obligations or guarantees under the contract he shall notify the Consultant / Owner thereof
in writing and the Consultant / Owner shall decide forthwith whether or not, the same shall
be carried out and if the Consultant / Owners confirms his instructions, Contractors,
obligations and guarantees shall be modified to such an extent as may be mutually agreed.
Any agreed difference in cost occasioned by any such variation shall be added to or deducted
from the Contract Price as the case may be.
In the event of the Consultant / Owner requiring any Variation, such reasonable and proper
notice shall be given to the Contractor to enable him to work his arrangements accordingly,
and in cases where goods or materials are already prepared or any design, drawings or
pattern made or work done requires to be altered, a reasonable and agreed sum in respect
thereof shall be paid to the Contractor.
In any case in which the Contractor has received instructions from the Consultant / Owner as
to the requirement of carrying out the altered or additional substituted work which either then
or later on, will in the opinion of the Contractor, involve a claim for additional payment, the
Contractor shall immediately and in no case later than 30 (thirty) days, after receipt of the
instructions, advise the Consultant / Owner to that effect. But the Owner shall not become
liable for the payment of any charges in respect of any such Variations, unless the
instructions for the performance of the same are confirmed in writing, by the Consultant /
Owner.
If any Variation in the Works, results in reduction of Contract price, the parties shall agree in
writing, as to the extent of any change in the price, before the Contractor proceeds with the
change.
In all the above cases, in the event of a disagreement as to the reasonableness of the said
sum, the decision of the Consultant / Owner shall prevail.
10 RESPONSIBILITY FOR SAFE TRANSPORTATION OF THE PACKAGE UNIT
In addition to the Contractor’s responsibility for safe transportation and Unloading of all
materials for the above Package Unit at the Owner’s site(s), the Contractor’s responsibility
also includes performing all other acts, deeds, matters and things whatsoever ancillary,
auxiliary or incidental to the above including but not limited to carrying out route surveys as

Rev 00 Page 8 of 28
may be required to ensure safe and unhindered movement of all consignment, taking all
steps and measures for proper and safe handling of all consignments including ODC
consignments, the grading of the site and/or creation of temporary approaches and ramps
etc. as may be required. The CONTRACTOR shall carry out Route Survey up to work
installation area inside refinery premises through any reputed & experienced Route
Survey Agencies in India and submit the Route Survey Report, along with the list of identified
ODC items and their transportation plan to the OWNER/CONSULTANT within 2 months from
the date of FOA, for their comments, if any. The CONTRACTOR shall adhere to the comments
if any, of the OWNER/CONSULTANT. However, the OWNER/CONSULTANT’s comments if any
shall not relieve or absolve the CONTRACTOR of his obligations and liabilities under the
Contract nor shall such comments entitle the CONTRACTOR to any claim for time extension
or any cost implication. Contractor’s scope also includes carrying out all the enabling jobs
identified both outside and inside the refinery premises based on the above referred route
survey. All applicable taxes and duties on the route survey and the enabling jobs shall be
borne by the Bidder. The CONTRACTOR shall also, at his own cost, build all necessary
temporary roads and shall also strengthen the roads, bridges, to ensure safe and unhindered
delivery of the materials at OWNER’s site. Contractor shall also strictly adhere to all the E-
Way Bills required under the GST. Contractor shall arrange all the E-Way Bills. NALCO will
furnish the necessary information to the Contractor for obtaining the E-Way Bill from the
concerned authorities.
11 DEFINITIONS OF MECHANICAL COMPLETION, COMMISSIONING
11.1 Mechanical Completion – The term “Mechanical Completion” shall be as defined in Cl. No. 3
of the enclosed Document titled “Commissioning and Performance Test Run” (Refer
Document No. 6695-PRC-G00-BG-0002). This definition shall supersede the definition of
Mechanical Completion mentioned anywhere else in the Bidding Document. The word
“Successful Erection” mentioned elsewhere in the Bid document shall mean “Mechanical
Completion”.
11.2 Commissioning – The term “Commissioning” shall be as defined in Cl. No. 4 of the enclosed
Document titled “Commissioning and Performance Test Run” (Refer Document No. 6695-
PRC-G00-BG-0002). This definition shall supersede the definition of Commissioning
mentioned anywhere else in the Bidding Document.
12 HANDING OVER OF SURPLUS / SCRAP MATERIAL AFTER THE COMPLETION OF WORK
12.1 An inventory shall be made by the CONTRACTOR of all surplus construction materials, supply
materials and empties including but not limited to scrap, wastages and unserviceable
material supplied and/or remaining in the hands of the CONTRACTOR upon completion of
the contract for whatsoever reason, and the CONTRACTOR shall forthwith, upon being
required to do so, place the OWNER in undisputed possession of and transport the said
material to the OWNER’s stores or otherwise as reasonably directed by the Engineer-in-
Charge. The Contractor shall hand over all the above materials to the Owner. Contractor
shall adhere to the requirements of Solid Waste Management Act. Contractor shall be liable
for non-adherence to the above Act.

Rev 00 Page 9 of 28
12.2 Items which cannot fetch any value should be disposed of or should be destroyed with prior
approval of OWNER, due to their holding being uneconomical.
12.3 CONTRACTOR shall identify items categorized as accountable/serviceable surplus

materials and unserviceable stores, spares & capital items which are unserviceable or
beyond economic repairs. The CONTRACTOR shall assess book value of these items on
the basis of invoice rate and submit the same for review & approval of NALCO which
shall be final and binding on the CONTRACTOR.
12.4 The CONTRACTOR shall carry out all necessary activities for book keeping in ERP system
identified material pursuant to clause 12.3 above.
13 SUPPLY OF STEEL, CEMENT AND TMT BARS
The CONTRACTOR shall purchase Steel, Cement & TMT Bars in line with following Clauses:-
13.1 STRUCTURAL STEEL:-
All Structural Steel being supplied by the CONTRACTOR shall be as per the Technical
Specifications enclosed with the Bidding Document.
For the approved manufacturers of Structural Steel, please refer the Vendor List attached
with the Bidding Document.
CONTRACTOR shall procure bulk Structural Steel material only from above mentioned
manufacturers unless the above manufacturers do not manufacture such Structural Steel
Material.
Structural steel not being manufactured by any of above manufacturers shall be allowed
to be procured, subject to prior approval of OWNER/CONSULTANT, from any
manufacturer(s) having valid BIS license.
Structural Steel material shall be subject to establishment of correlation with manufacturer’s

MTC for conformance to the applicable code. In addition, one sample from every 50 Tons
or part there of shall be drawn and tested for each category / size of steel procured. In
case of assorted lot, sample shall be drawn from each lot, irrespective of lot size.
However, in the event any of the above approved manufacturers do not quote for the above
steel material due to quantity limitations but recommend procurement of such steel from
their Authorized Stockists, then the CONTRACTOR may, with the prior approval of
OWNER/CONSULTANT, procure such items from the Authorized Stockist subject to fulfilment
of the conditions related to furnishing of Mill Test Certificate and Sample Testing as
mentioned above.
However, delay if any, by OWNER/CONSULTANT in approving any Manufacturers /

Authorized Stockist proposed by CONTRACTOR, or rejection, if any, of Manufacturers /
Authorized Stockist, by OWNER/CONSULTANT, shall not entitle the CONTRACTOR for any
claim for time extension or any cost implication.
13.2 CEMENT:

Rev 00 Page 10 of 28
13.2.1 All Cement supplied by the CONTRACTOR shall be as per the Technical Specifications
enclosed with the Bidding Document.
For the approved manufacturers of Cement, please refer the Vendor List attached with the
Bidding Document.
In the event of non-avaliability of cement from the approved vendors, the CONTRACTOR shall
propose additional vendor(s) to OWNER/CONSULTANT for their prior approval, on case to
case basis, before procurement of Cement. However, delay if any, by OWNER/CONSULTANT
in approving any vendors proposed by CONTRACTOR, or rejection if any vendors(s), by
OWNER/CONSULTANT, shall not entitle the CONTRACTOR for any claim for time extension
or any cost implication.
13.2.2 WHITE CEMENT

All White Cement supplied by the CONTRACTOR shall be as per the requirements of the
Bidding Document.
For the approved manufacturers of White Cement, please refer the Vendor List attached with
the Bidding Documents.
In the event of non-avaliability of cement from the approved vendors, the CONTRACTOR shall
propose additional vendor(s) to OWNER/CONSULTANT for their prior approval, on case to
case basis, before procurement of White Cement. However, delay if any, by
OWNER/CONSULTANT in approving any vendors proposed by CONTRACTOR, or rejection if
any vendors(s), by OWNER/CONSULTANT, shall not entitle the CONTRACTOR for any claim
for time extension or any cost implication.
13.3 TMT REINFORCEMENT BARS (OF MIN 415 GRADE) :
All TMT Reinforcement Bars supplied by the CONTRACTOR shall be as per the Technical
Specifications enclosed with the Bidding Document.
For the approved manufacturers of TMT Reinforcement Bars, please refer the Vendor List
attached with the Bidding Documents.
CONTRACTOR shall procure bulk TMT Reinforcement Bars only from above mentioned
manufacturers unless the above manufacturers do not manufacture such TMT
Reinforcement Bars.
In case, specific size TMT Bars are not manufactured by any of above manufacturers,
CONTRACTOR shall be allowed to procure such specific size TMT Bar from manufacturers
having valid BIS license, and only in such case, CONTRACTOR shall propose additional
vendor(s) to OWNER/CONSULTANT for their prior approval before procurement. TMT
Reinforcement Bars shall be subject to establishment of correlation with manufacturer’s
MTC for conformance to the applicable code.

In addition, one sample from every 50 Tons or part there of shall be drawn and tested.
In case of assorted lot, sample shall be drawn from each lot, irrespective of lot size.
However, in the event any of the above approved manufacturers do not quote for the
above TMT Reinforcement Bars due to quantity limitations but recommend procurement
of such TMT Reinforcement Bars from their Authorized Stockists, then the CONTRACTOR
may, with the prior approval of OWNER/CONSULTANT, procure such items from the
Authorized Stockist subject to fulfilment of the conditions related to furnishing of Mill Test
Certificate and Sample Testing as mentioned above.
However, delay if any, by OWNER / CONSULTANT in approving any Manufacturers /

Authorized Stockist proposed by CONTRACTOR, or rejection, if any, of Manufacturers /
Authorized Stockist, by OWNER / CONSULTANT, shall not entitle the CONTRACTOR for any
claim for time extension or any cost implication.
14 MEASUREMENT OF WORK
14.1 This being a lumpsum Contract, mode of measurement of Work appearing anywhere in the
GCC or elsewhere in the Bidding Documents shall not be applicable. The CONTRACTOR shall
submit the Bill of Materials and/or Billing Schedule to OWNER/CONSULTANT with in 56 days
from the date of OWNER’s BOA, for their approval. Progress payment will be governed by
approved Bill of Materials and/or Billing Schedule for supplies and works which shall be
approved by the OWNER/CONSULTANT .
15 INSPECTION:
a) The Contractor shall strictly adhere to all inspection and testing requirements stipulated in
the Bidding Document and shall carry out all inspection & testing accordingly. All items
forming part of the above Package Unit shall be inspected and tested by any of the following
inspection agencies - approved by the OWNER / CONSULTANT :
1. Lloyds Register
2. M/s Bureau Veritas
3. M/s DNV
4. M/S.TUV India Private Limited / TUV Nord
The quoted prices shall be inclusive of third party inspection charges of NALCO’s Approved
TPI Agency and the charges for all inspection and all testing requirements specified in the
Bidding Document.
Contractor may select any of the above mentioned TPI Agencies.
However, in the event any of the above agencies or their parent /subsidiary company is
awarded the above LSTK Contract covered in this Bidding Document, then that agency shall not
function as TPI agency for this Project.
The TPIA shall be engaged and paid by Contractor. Bidder’s quoted prices shall be inclusive
of TPI charges and the charges for all inspection and all testing requirements specified in
the Bidding Document.

In case any bidder quotes extra for TPI charges or charges for all inspection and testing
specified in Bidding Document, his offer is liable to be rejected.
However, any inspection, testing or clearance by the Owner or by the Owner’s approved
TPI agency shall not absolve the Contractor of their responsibility to supply and install the above
Package Unit in total conformity to the Bidding Document.
b) In addition, OWNER / CONSULTANT reserves the right to carry out stage inspection / final
inspection / Documentation review as per approved Project Inspection Test Plan and Categorisation
Plan.
16 EMPLOYMENT OF LOCAL LABOUR
The Contractor shall ensure that local labours, skilled or unskilled to the extent available, are employed.
If suitable skilled persons are not available, labour from outside may be recruited. The Contractor shall
not deploy personnel of any category from among those who are already employed by the other
agencies working at site but shall make maximum use of local labour available.
17 FIRM PRICES
The prices quoted by the bidder shall remain firm and fixed and shall be valid until
completion of the Contract and shall not be subject to variation/escalation on any account.
18 ENTRY PASSES, GATE PASSES, WORK PERMITS
18.1 The works under this Contract are to be carried out in areas declared as plant limits, adjacent
/ adjoining to the existing operating plant. As such, Contractor is required to abide by safety
and security regulations of the Owner enforced from time to time.
18.2 Entry Passes
18.2.1 The Contractor has to apply for photo entry passes for his workers & staff in a prescribed
proforma available with Owner for persons requiring entry into plant/ash pond premises as
required.
18.2.2 Unutilised/Expired entry passes shall have to be submitted immediately to Owner.
18.2.3 Identity card issued by the Security Section should always be carried/ displayed by the
Contractor's employee or person while working inside the Plant.
18.3 Gate Passes

To bring materials / equipment / tools / tackles etc., to construction site , the
Contractor has to produce challan / proper documents to the Owner's personnel at
gate. The materials shall be checked thoroughly by the Owner's personnel at Gate

and recorded in their register before allowing any materials to bring to site by
Contractor. It is Contractor's responsibility to see that the recorded entry number,
date, signature of Owner's authorised representative with stamp are there on the
challan/supporting documents before taking any materials to work site. In addition to
above, entry of the material wiil be permitted only during the stipulated working hour,
and more so, if consignee is available to receive the said material.
To take Contractor's materials out of the site, the Contractor has to apply with specific
purpose / reasons to the Engineer-in-Charge, attaching challan/supporting
documents signed by Company's personnel at gate during entry.
18.4 Vehicle Permit

Permits are to be obtained separately for entry / use of vehicles / trailers, etc at work
site. The following requirements are to be met to obtain vehicle permit:
i) Vehicle / Equipment etc., should be brought to site in good condition.
ii) Valid Road tax certificate, fitness certificate and insurance policy from
competent authority.
iii) Valid operating/driving license of drive / operator.
18.5 Validity of the Permit

i) No permit is valid if it is not renewed by authorized personnel after its expiry.
ii) No permit is valid on holidays/odd working hours, unless special permission is
obtained from the competent authority
19.0 LOCAL ROADS & HAUL ROADS
19.1 Contractor shall make all temporary roads/approaches/ ramps necessary for his work at
site at his own cost. Contractor shall also maintain already established roads/approaches,
which are used by him.
19.2 The contractor shall plan transportation of construction materials/equipment to work site
in such a way that road accident are avoided & no damage is done to the existing roads.
19.3 The contractor shall construct and maintain at his own cost all suitable temporary haul
roads to the work site as may be found necessary by him for the execution of works.
Before construction of all such haul roads and any subsequent modifications, the
contractor has to get approval for the same from Engineer In Charge.
19.4 Separate payment will not be made for the construction and maintenance of the
temporary haul roads including any necessary special protections or strengthening
required and all cost of such works shall be deemed to have been included in the cost of
the item.

19.5 No heavy equipment/Trucks should run over the Dyke. Only crossing of the dykes will be
allowed at specified locations as directed by the Engineer In charge
19.6 Water sprinkling in the road used by the agency to move heavy trucks inside the pond and
outside has to be carried out so as to avoid any ash blowing.
20.0 SURVEY AND LEVEL/SETTING OUT OF WORK
20.1 The Engineer-in-Charge shall furnish the relevant existing grid point with benchmark on
the land. It shall be Contractor's responsibility to set out the necessary control points in
and to set out the alignment of the various works. The Contractor shall have to employ
efficient survey team for accuracy of such setting out works.
20.2 The various works shall be done true to line, level and grade. The periodical
checking of these by NALCO staff not absolve the Contractor of his responsibility
regarding their accuracy. In case of any discrepancy in line, level or grade at the
meeting face or elsewhere, the Contractor shall make good the same.
20.3 The Contractor shall give the Engineer-in-Charge not less than 24 (twenty four)
hours’ notice in writing of his intention to set out or give levels for any part of the
work so that arrangements may be made for checking the same.
20.4 Work shall be suspended for such time as necessary for checking lines and levels
on any part of the works.
20.5 The Contractor shall at his own expense provide all assistance, which the
Engineer-in Charge requires, for checking the setting out of works.
21.0 Contractor’s Sub-ordinate Staff and their conduct
21.1 The Contractor, on award of the work, shall name and depute a qualified engineer
having sufficient experience in carrying out work of similar nature to whom the
equipment, materials if any, shall be issued and instruction for works given. The
contractor shall also provide to the satisfaction of the Engineer-in-charge sufficient
and qualified staff to supervise the execution of the works, competent sub-agents,
foremen and leading hands including those specially qualified by previous
experience to supervise the types works comprised in the contract in such manner
as will ensure the best quality and expeditious working. At any time of in the opinion
of the Engineer-in-Charge any additional, qualified experienced staff is considered
necessary, they shall be employed by the contractor without additional charge. The
Contractor shall ensure to the satisfaction of the Engineer-in-Charge that

subcontractors, if any, shall provide competent and efficient supervision over the
work entrusted to them.
21.2 If any of the Contractor’s sub-contractor’s, agents, sub-agents, assistants, foremen

or any employee in the opinion of Engineer-in-Charge be guilty of any misconduct
or be incompetent or insufficiently qualified or negligent in the performance of their
duties or that in the opinion of the Owner Engineer-in- Charge, undesirable for
administrative or any other reasons, for such or person (s) to be employed on the
works, then at the directions of Engineer-in-Charge the Contractor shall at once
remove such person (s) from employment with the works without the written
permission of the Engineer –in-Charge. Vacancy so created shall be immediately
filled at the expenses of the contractor by a qualified and competent substitute.
Should the Contractor be requested to repatriate any person removed from the
works he shall do so and shall bear all costs in connection therewith.
21.3 The Contractor shall be responsible for the proper behaviour of all the staff,
foremen, workmen and others, shall exercise proper degree of control over them
and in particular without prejudice to the said generality the contractor shall be
bound to prohibit/ prevent any employees from trespassing or acting in any way
detrimental or prejudicial to the interest of the community or the properties or the
occupiers of land or properties in the neighborhood. In the event of such
trespassing, the Contractor shall be responsible for all consequent claims or
actions for damages or injury or any other grounds whatsoever. The decision of
the Engineer-in-Charge upon any matter arising under this clause shall be final.
21.4 If and when required by the Owner, all Contractor’s personnel entering upon the
owner’s premises shall be properly identified by badges of a type acceptable to the
owner which must be worn at all times on Owner’s premises.
22.0 Contractor’s Responsibility with other Agencies
22.1 Without repugnance to any other condition, it shall be the responsibility of the
Contractor executing the work in close cooperation and to coordinate with other
contractors and other agencies or their authorised representatives, in providing the
necessary details, work front etc. The Contractor shall have to execute the work in
such place and condition where other agencies will also be engaged for other
works such as site grading, filling and leveling, etc. No claim shall be entertained
on account of the above.
22.2 The Contractor shall conform in all respects with the provisions any statutory
regulation, ordinance or bye-laws of any local or duly constituted authorities or

public bodies which may be applicable from time to time to the works or any
temporary works. The Contractor shall keep the Owner indemnified against all
penalties and liabilities of every kind, arising out of non-adherence to such statutes,
ordinances, laws, rules, regulations, etc.
23.0 Liens
23.1 If at any time there should be evidence or any lien, claim for which the Owner might
have become liable, which is chargeable to the Contractor, then the Owner may
pay and discharge the same and deduct the amount so paid from any amount
which may be or may become due and payable to the Contractor, if any lien or
claim remain unsettled after all payments are made, the contractor shall refund or
pay to the Owner the cost such lien or claim including all payment and reasonable
expenses. Owner reserves the right to the same.
24.0 Execution of Works
All the work shall be executed in strict conformity with the provisions of the contract
documents explanatory detailed drawings, specifications and instructions by the
Engineer-in-Charge whether mentioned in the Contract or not. The Contractor shall
be responsible for ensuring that works are executed in the most substantial, proper
and workman like manner using the quality materials and labour, through out the
job Completion in strict accordance with the specifications and to the entire
satisfaction of the Engineer-in-Charge.
25.0 Works in Monsoon and Dewatering
The execution of work may entail working in the monsoon also. The Contractor
must maintain a minimum labour force as may be required for the job and plan,
execute the construction and erection according to the prescribed schedule. No
extra will be considered for such work in monsoon. During monsoon and other
period, it shall be the responsibility of the Contractor to keep the construction work
site free from water at his own cost.
26.0 Work on Sundays and Holidays
For carrying out works on Sundays and holidays, the Contractor will inform
Engineer-in-Charge or his representative at least two days in advance and obtain
permission in writing. The Contractor shall observe all labour laws and other
statutory rules and regulations in force. In case of any violation of such laws, rules
and regulations, consequence if any, including the cost thereto shall be exclusively

borne by the Contractor and the Owner shall have no liability whatsoever on his
account.
27.0 Lighting, Watch & Ward
The Contractor shall, in connection with works, provide and maintain at his own
cost all lightings, guards, fencing and watch and ward and the security of the entire
work in progress including all the machineries, materials, manpower. This shall be
the responsibility of the contractor till the Plant is taken over by the Owner by way
of the written taking over certificate.
28.0 Articles of Value Found
All gold silver and other materials of any descriptions, precious stones, coins,
treasures, relics, antiques and other similar things which shall be found, in, under
or upon the site, shall be property of the Owner, and the Contractor shall duly
preserve the same to the satisfaction of the Engineer-in-Charge and shall from
time to time delivery the same to such person or persons indicated by the Owner.
29.0 Defects Prior to Taking Over
If at any time before the work is taken over, the Engineer-in-Charge shall:
(a) Decide that any work done or materials used by the Contractor or any
subcontractor is defective or not in accordance with the Contract, or that the works
or any portion therof are defective, or do not fulfil the requirements of contract
(allsuch matter, being hereinafter, called ‘Defects’ in this clause) and (b) as soon
as reasonably practicable gives to the Contractor notice in writing of the said
decision specifying particulars of the defects claimed to exist or to have occurred
then the Contractor shall at his own expenses and with all speed make good the
defects so specified.
In case Contractor shall fail to do so, the Owner may take, at the cost of Contractor,
such steps as may in all circumstances be reasonable to make good such defects.
The expenditure so incurred by the Owner be recovered from the amount due to
the Contractor. The decision of the Engineer-in-Charge with regard to the amount
to be recovered from the Contractor will be final and binding on the Contractor.
30.0 TERMINATION DUE TO CONTRACTOR’S DEFAULT:
30.1 Notwithstanding anything elsewhere herein provided and in addition to any other right
or remedy of the OWNER under the CONTRACT or otherwise (including the right of
the OWNER for price reduction under the provisions of the Contract hereof and

associated Clauses thereunder), the OWNER shall be entitled to terminate the

CONTRACT by written notice at any time during its currency on or after occurrence of
any one of the following events/contingencies, namely:
(i) Breach or failure by the CONTRACTOR of any of the obligations of the

CONTRACTOR under the Contract, including:
(a) Failure to start the work after issue of the Acceptance of Bid by the
OWNER, notwithstanding the OWNER having made available to the
CONTRACTOR the work front necessary for the commencement of work.
(b) Failure to commence work at site or commence supply of material as per

the contractual schedule.
(c) Failure to carry out or carry on the works or any of them to meet the
Progress Schedule resulting in a delay of 28 (Twenty Eight) days or more
in the actual performance of the work, or failure to complete any supplies
to meet the Delivery Schedule resulting in a delay of 28 (Twenty Eight)
days or more in the scheduled deliveries of materials.
(d) Failure to provide at the job site, within 21 (twenty one) days of being
required to do so by the Engineer-in-Charge, sufficient labour, material,
equipment, machinery, temporary works and/or facilities required for the
proper and/or due execution of the work or any part thereof.
(e) Failure to execute the works or any of them in accordance with the
Contract or disobedience of any order or instruction of the Engineer-in-
Charge or negligence or lack of expertise in the performance of the work,
or failure to supply materials of quality conforming to the requirements of
the Contract.
(f) Abandonment of the works or any part thereof.
(g) Substantial suspension of the works or any part thereof for a period of 14
(Fourteen) days or more without the authority of the Engineer-in-Charge.
(h) Failure to execute the Contract within such period as may be specified by
the OWNER in this behalf:
(i) Failure to furnish the Contract Performance Bank Guarantee (s) required
to be furnished by the CONTRACTOR.
(j) Any other event which is an event of termination under the Contract or
which in the opinion of the OWNER, reasonably impinges on the
CONTRACTOR’s capability to fulfil its contractual commitments.
(ii) Dissolution of the CONTRACTOR (if a firm), or commencement of liquidation or

winding up (whether voluntary or compulsory) of the CONTRACTOR (if a
company) or of any member (if the CONTRACTOR is a consortium), or
insolvency of the CONTRACTOR or of any partner (if a firm), or appointment of a

receiver or manager of the CONTRACTOR’s assets or of any partner/member of

the CONTRACTOR (if a firm or consortium) by a Court;
(iii) Distress, execution, or other legal process being levied on or upon any of the
CONTRACTOR’s goods and/or assets involved in or relative to the performance
of the work or supply;
(iv) Death of a CONTRACTOR (if an individual);
(v) If upon any voluntary change in the partnership/constitution of CONTRACTOR’s

organisation (if a partnership or Company) the OWNER refuses in its sole
discretion to continue the Contract with the re-constituted firm or Company;
(vi) If the CONTRACTOR shall assign or attempt to assign his interest or any part
thereof in or under the Contract.
30.2 The decision of the Owner as to whether any of the events or Contingencies mentioned
above entitling the OWNER to terminate the Contract has occurred or not shall be final and binding
upon the CONTRACTOR.
30.3 The notice of termination shall set forth, in addition to statement of the reason or reasons for
terminating the Contract, the time(s) and place(s) for conducting a survey and
inspection/measurement of the work performed and materials supplied under the Contract upto the
date of termination for the purpose of determining the final amount(s) due to the CONTRACTOR
therefor. The reasons for the termination stated in the notice of termination shall be final and binding
upon the CONTRACTOR.
30.4 Forthwith upon receipt of notice of termination, the CONTRACTOR shall at his own risks and
costs within the scope of relative work, do and perform to the satisfaction of the Engineer-in-Charge
all and whatsoever is necessary, in the opinion of the Engineer-in-Charge (which shall be final and
binding upon the CONTRACTOR) to secure and protect all complete and incomplete works
performed by the CONTRACTOR upto termination, and should it fail to do so, the OWNER shall be
entitled by itself or through an independent Contractor(s) or partly by itself and partly through an
independent Contractor(s), to do and perform at the risks and costs of the CONTRACTOR all such
work(s) not done by the CONTRACTOR.
30.5 Only completed items of work and materials shall be reckoned for the purpose of
measurements and the decision of the Engineerin-Charge as to whether or not any works have or
supply has been completed for the purpose of measurement shall be final and binding upon the
CONTRACTOR. Incomplete items or works shall be measured and paid for only on the basis of
materials (if any) supplied by the CONTRACTOR, and the decision of the Engineer-in-Charge in this
matter shall be final and binding upon the CONTRACTOR.
30.6 Within the time limit stipulated by the Owner in this regard, the CONTRACTOR shall clear
the job site(s) made available by the OWNER to the CONTRACTOR of all surplus materials,
CONTRACTOR’s labour, equipment and machinery and shall demolish, dismantle and remove such
temporary works, structure and construction and other items and things brought upon or erected at
the job site(s) and not incorporated in the permanent works and shall remove all rubbish from the job
site(s) and shall clear, dress and restore the job site(s) to the satisfaction of the Engineer-in-Charge
and shall put the OWNER in undisputed custody and possession thereof and the entire works.

30.7 Should the CONTRACTOR fail to comply with the above provisions in the manner and within
the time specified therein, the OWNER shall have the right at the risk and costs of the
CONTRACTOR in all respects to clear the job site(s) of all surplus materials, CONTRACTOR’s
labour, equipment and machinery and other materials and things and/or demolish/dismantle and
remove any temporary works, structures and/or construction and other items and things brought
upon or erected at the job site(s) and to remove all rubbish from the job site(s) and the land allotted
to the CONTRACTOR and clear, dress and restore the said land to the satisfaction of the Engineer-
in-Charge and take undisputed possession and custody thereof and of the works and
CONTRACTOR’s stores thereon and dispose of and/or otherwise deal with any and all equipment
and machinery etc., stores and other items and things aforesaid and recoveries of any
demolition/dismantling as the OWNER shall in its absolute discretion deem fit and the
CONTRACTOR shall forth with on demand pay the OWNER the entire costs/expenses of the
OWNER for the above, with right in the OWNER (without prejudice to any other mode or recovery)
to recover the same from the proceeds of any sale or disposal as aforesaid or from any monies
whatsoever of the CONTRACTOR held by the OWNER or dues of the CONTRACTOR.
30.8 Upon termination of the Contract, the OWNER shall be entitled at the risk and expenses of
the CONTRACTOR in all respects to either engage one or more contractors to complete the work
and/or supplies and/or to redesign, reperform and/or redo and/or to alter, modify and/or replace the
materials supplied by the CONTRACTOR and/or supply other materials or substitutes to the extent
necessary to set up, install, erect, establish and operate the Unit and tools and spares in
accordance with the Contract and/or to complete the works in accordance with the Contract,
notwithstanding that the contractor(s) so engaged shall adopt design and/or processes or methods
or materials different from those proposed or projected and/or adopted by the CONTRACTOR for
any purpose.
30.9 Notwithstanding anything provided above, the OWNER shall have the right at any time prior
to the removal of the same from the job site, to take possession of such of the CONTRACTOR’s
goods or equipment at any and all jobs sites as the OWNER shall deem fit, and the CONTRACTOR
shall be entitled to compensation for any such goods or equipment taken over at cost thereof to the
CONTRACTOR or depreciated value thereof in the case of equipment, whichever shall be less,
such cost or value not to include the cost of transport, carriage or handling or storage, but to include
the cost of freight to India on imported goods. The cost of goods and/or depreciated value of
equipment taken over as determined by the Engineer-in-Charge shall be final and binding upon the
CONTRACTOR.
30.10 No amount shall be due and payable to the CONTRACTOR upon or in the event of
termination of the Contract unless and until the entirety of the works as contemplated in the scope of
services and the entirety of the supplies as contemplated in the scope of supplies shall have been
completed in all respects and all payments finally due on any account to the OWNER and/or other
contractor(s) in respect of the balance works and supplies have been finally settled and the OWNER
has been discharged from all liabilities in respect thereof.
30.11 In the event of Termination, the CPBG shall be forfeited by the Owner without reference to the
Contractor and if the same is insufficient to meet the dues of the OWNER as aforesaid, the
CONTRACTOR shall forthwith on demand by the OWNER pay the OWNER the shortfall.

****************
APPENDIX – 1 TO SCC
TIME SCHEDULE ( COMPLETION SCHEDULE )


DESCRIPTION OF WORK TIME OF COMPLETION

The scope of work includes Detailed Engineering, Project Management, The Contractual Completion Period
(including Commissioning and
Total Procurement, Fabrication, Manufacturing, Quality Assurance, Handing Over of the System ) of
the Fire Detection And Protection
Inspection & Expediting, Third Party Inspection, Supplies, System Package is 20 (Twenty )
months from the date of issuance of
Transportation, Handling & Storage of all Equipment, Materials, items Brief Order of Acceptance (BOA).
This period is the overall completion
and other Construction Materials, Construction Management & period for the above Package Unit.
Supervision, Assembly & Erection, Construction and Installation,
However, the Contractor shall note
Tapping from the existing fire water network wherever applicable, Civil and adhere to the following points
also :
Structural and Architecture works, Installation of Piping,
Instrumentation, Electrical, Testing, Painting, Obtaining all Statutory Supply of items shall commence
Approvals including approvals from Statutory Authority/TAC Accredited progressively from 10th month onwards and
Agency (except Environment Clearance which has been obtained by shall be completed within 14 months from the
NALCO), Pre-commissioning & Mechanical Completion, Start-up,date of BOA, aligning with the execution of
Commissioning, Training of Fire Fighting and Fire alarm system other LSTK packages.
for Owner’s Personnel, and handing over the entire Fire Detection and
Integration with the individual LSTK
Protection System Package including spares with Final and “As Built”
packages shall be completed progressively
documentation to NALCO on single point responsibility basis (Lump
up to 20 months from the date of BOA,
Sum Turn Key –LSTK- Basis), based on Bidding Document provided
aligning with the execution of other LSTK
by tkIS India for 1.0 MTPA ALUMINA REFINERY of M/s. National
packages.
Aluminium Company Limited (NALCO) at Damanjodi, Odisha, India.
The Bidder shall be the single point responsible Contractor for the entire
scope of Work. The detailed scope of work shall be as mentioned in the
various sections of the Bidding Document.
Note:
1. The time of completion shall be reckoned from the date of notification of award, i.e. date of
NALCO’s Brief Order of Acceptance (BOA).
2. The period mentioned above is for completing the works in all respects as per design,
drawings, specifications and shall also include the time required for testing and rectification
The Bidder shall be the single point responsible Contractor
etc., if any, as per the provisions of the Bidding Document , and to complete the works to
for the entire the
scope of Work.
satisfaction of The detailed scope of Work is
Engineer-in-Charge.
mentioned in the various sections of the Bidding Document.
SIGNATURE AND SEAL OF BIDDER

APPENDIX – 2 TO SCC (PART A)
DELETED
APPENDIX – 3 TO SCC ( PART A )

FORMAT FOR CONSTRUCTION SUBCONTRACTOR’S APPROVAL

(APPROVAL OF SUB-CONTRACTOR)
1) NAME OF MAIN CONTRACTOR :_
2) NAME OF WORK, LOCATION :
3) NAME OF PROPOSED
SUB-CONTRACTOR :
4) SCOPE OF WORK PROPOSED TO

BE SUB-CONTRACTED (BRIEF) :
5) ESTIMATED VALUE OF THE PROPOSED

WORK TO BE SUB-CONTRACTED (INR):
6) QUALIFYING CRITERIA FOR SUB-CONTRACTOR:
Similar Work experience: 1 similar completed work costing not less than 50% of estimated value
of proposed work to be sub-contracted.
Annual Turnover (to be annualized in case Time schedule is more than 12 months)
Not less than 60% of estimated value of proposed work to be sub- contracted
Reason for waiver/ relaxation if any for criteria mentioned above shall be furnished
7) EXPERIENCE AND FINANCIAL DETAILS OF PROPOSED SUB-CONTRACTOR:
i) Contract Value of similar work executed (as evidenced by work Order & Completion
Certificate): During the last 7 years ending last day of the month pervious to the one in
which applications are invited.
ii) Maximum Annual Turnover during last 3(three) years (as evidenced
by Balance Sheets) :
8) CRITERIA FOR QUALIFICATION OF SUB-CONTRACTOR:
i Sl.No. 7(i) > 6 (i) : YES / NO

i )
Sl.No. 7 (ii) > 6 (ii) YES / NO
i
)
9) Based on above information, we M/s (Name of
Main Contractor) propose M/s. (Name of
proposed sub-contractor) as our construction sub-contractor for the above mentioned
works. We understand that notwithstanding above approval, we shall remain fully
responsible for the performance of the said sub-contractor and any failure of the sub-

contractor shall not absolve/relieve us of our responsibility to complete the works as per
the terms and conditions of the Contract.
(STAMP & SIGNATURE OF CONTRACTOR)
10) QUALIFICATION STATUS (TO BE STAMPED BY OWNER):


QUALIFICATION AND EXPERIENCE OF KEY PERSONNEL

SL. CATEGORY QUALIFICATION & EXPERIENCE
NO.
1 RESIDENT CONSTRUCTION Degree in Engg. with minimum 15 years relevant experience

MANAGER in construction or diploma in engineering with 20 years
/ RESIDENT ENGINEER / relevant experience in construction.
SITE‐IN‐ CHARGE
2 LEAD DISCIPLINE ENGINEER Degree in relevant Engg. Discipline with minimum 10 years
experience in Construction or Diploma in relevant Engg.
Discipline with minimum 15 years experience in
Construction.
3 LEAD QA/QC ENGINEER Degree in Engg. With 10 years Construction Experience of
which 5 years should be as QA Manager or diploma in
engineering with 15 years Construction Experience of which
10 years should be as QA Manager.
4 QAQC / WELDING / NDT Degree in Mechanical Engg./Metallurgy with minimum 10
ENGINEER years experience in Q A Q C , Welding / NDT (Non‐
Destructive Testing) plus Level‐II in RT (Radiographic
Testing) or diploma in Mechanical Engg. / Metallurgy with
minimum 15 years experience in Welding / NDT plus Level–
II in RT.
5 LEAD PLANNING ENGINEER Degree in Engg. with 10 years experience in Planning &
Scheduling or diploma in engineering with 15 years
experience in Planning & Scheduling.
6 LEAD SAFETY OFFICER Degree / Diploma in Engg. and Diploma in Industrial Safety
with min. 10 years relevant experience in Construction
Safety or Graduate in Science and Diploma in Industrial
Safety with min.15 years relevant experience in
construction safety.
7 WAREHOUSE‐IN‐CHARGE Graduate in Science or Diploma in Engg. / Materials
/ MATERIALS MANAGER Management with 10 years experience in Warehousing /
Stores Management of similar nature.
8 DISCIPLINE SURVEYORS Degree in relevant Engineering Discipline with minimum 3
years experience in Construction or diploma in relevant
Engineering Discipline with minimum 6 years experience in
Construction.
9 QUANTITY SURVEYORS Degree in relevant Engineering Discipline with
minimum 3 years experience or diploma in relevant
Engineering Discipline with minimum 6 years experience in
quantity estimation, field measurement, rate analysis etc. in
construction field.
10 Any Other Category/ As mentioned in the related document.
Discipline as specified
elsewhere in the Bidding
Document

Home office engineering:- Contractor shall ensure deployment of suitably qualified, competent & experienced
engineering team. The key personnel / lead engineers for disciplines such as Projects, Process, Piping, Static
Equipment, Rotary Equipment, Civil & Structural, Electrical, Instrumentation and Material Handling shall be
graduate engineers in the relevant discipline and shall have adequate experience in the respective field.
Necessary backup documents shall be provided by Contractor as and when required by Owner/Consultant.
SPECIAL CONDITIONS (PART B) OF LSTK
CONTRACT
FIRE DETECTION AND PROTECTION SYSTEM
PACKAGE Rev 00 Page 1 of 26
SPECIAL CONDITIONS
(PART B)
OF LSTK CONTRACT

CONTRACT
TABLE OF CONTENTS
1. PREAMBLE TO SCHEDULE OF RATE & PRICE

2. FIRM PRICE
3. TAXES AND DUTIES
4. BUILDING AND OTHER CONSTRUCTION WORKER’S WELFARE CESS (BOCW)
5. PROVIDENT FUND
6. MOBILISATION ADVANCE & ON ACCOUNT PAYMENTS
7 INSURANCE
8. ROUNDING OFF
9. CONSTRUCTION WATER & POWER SUPPLY AND LAND
10. CONTRACTOR’S COMPUTERISED BILLING SYSTEM
11. PENALTIES FOR NON-OBSERVATION OF SAFETY NORMS
12. PRICE REDUCTION SCHEDULE
13. SHIPPING WEIGHT FOR PACKAGES
14. GUARANTEE –WARRANTEE PERIOD
15. CONTRACTOR TO COVER INSURANCE
16. LABOUR LAWS
17. ARBITRATION
18. JURISDICTION/ GOVERNING LAWS
19. ORDER OF PRECEDENCE
20. DEDUCTION WITH APPLICABLE GST
21. REGISTRATION OF THE CONTRACTOR WITH STATUTORY AUTHORITIES
22. STATUTORY APPROVAL
23. LIMITATION OF LIABILITY
ENCLOSED:
Annexure-I : List of Banks approved by NALCO
Annexure II – Declaration/Information regarding TDS
CONTRACT
1. PREAMBLE TO SCHEDULE OF RATE & PRICE
a. The price quoted shall be Lump sum Price on Turnkey basis. Total payments to be made to the
CONTRACTOR shall be limited to Lump sum price quoted in the Price Bid, irrespective of the
progressive payments made during execution based on the split up of price. The Bid price is to be filled
in the formats given in Price Schedule.
b. Obligation of the CONTRACTOR is not limited to the quantities that the CONTRACTOR may either
indicate in the Breakup of Lump sum Prices along with his bid or in further detailed breakup of lump
sum prices to be furnished after award of Work. CONTRACTOR shall carry out and complete entire
scope of work/supplies/services as detailed in various sections/volumes of the Bidding Document
within the quoted Lump sum Price.
c. Lump sum prices quoted by the CONTRACTOR shall include cost of any other
supplies/work(s)/services not specifically mentioned in the Bidding Document but necessary for the
efficient, trouble free operation of the Fire Detection And Protection System Package and to make
this package job complete.
d. CONTRACTOR to note that breakup of Lump sum price is for interim payment purpose only and total
price payable under the Contract shall be restricted to the Lump sum Price / Contract Price.
e. The Total Lump sum Price quoted by the bidder shall be for the complete Scope of Work as defined
in the Bidding Document. Any material / services required for completion of the work even though
not identified or specified in the Price Schedule Forms, or, even if identified but not quoted by
Bidder, shall be deemed to be included in the quoted Lump sum price.
f. All Spares for start-up & all commissioning and mandatory spares required as per the Bidding
Document are in CONTRACTOR's scope and deemed to be included in their quoted Lumpsum
Prices.
g. The CONTRACTOR shall furnish to the OWNER, in Form SP-3, a recommended list of Operation &
Maintenance spares (other than commissioning & Mandatory spares required during the Defect
Liability period) for the above Package Unit , as recommended by the manufacturers of various
Systems, for a period of One (1) year operation beyond the Defect Liability Period. The list shall be
supported by current Price Lists of the manufacturers of the recommended spares for information
purposes only. These prices shall not be reckoned in the quoted lump sum price, nor shall be added
in the evaluation of bids. These prices shall be valid for a period of 12 months from the date of
Opening of Technical Unpriced Bid. Imported O&M spares will attract EPCG benefit.
h. It shall be the duty of the CONTRACTOR to duly observe and strictly adhere to all laws, rules,
regulations, orders and formalities applicable to all laws including all taxation laws as well as all laws
related to the import, manufacture, sale and/or supply of any material to the OWNER and
performance of the Works under the Contract. The CONTRACTOR shall keep the OWNER indemnified
from and against any and all claims, demands, prosecutions, actions, proceedings, penalties,
damages, demurrages and/or other levies whatsoever made or levied by any Court, Tribunal or the
Customs or other Authorities with respect to any alleged breach, evasion or infraction of such
duties, taxes, charges or levies or any breach or infraction of any applicable laws, rules, regulations,
orders or formalities concerning the same and from the consequence thereof.
i. Counter trade proposals shall not be considered in the evaluation of Bids or otherwise.
j. DELETED
CONTRACT
k. The quoted prices shall be inclusive of third party inspection charges of OWNER approved Third
Party Inspection Agency(ies) and charges for all inspection & all testing specified in the Bidding
Document.
l. Bidder to note that this is not an item rate contract. All the Work which are deemed to be performed,
executed and supplied by the CONTRACTOR as stipulated in the Bidding Document and cost thereof
must be covered suitably and appropriately assigned to various available heads and categories.
Non-familiarity and/or non-identification of any supplies or works in the description of Lumpsum
Price as included in Schedule of Lumpsum Prices will not be considered a reason either for extra
claims or for not carrying out the work in strict conformity with drawings, specifications and
instructions of Engineer-in-charge.
m. The Bidder shall prepare his bid on the basis of design criteria and also considering the
requirements given in Technical specifications and Drawings as minimum requirements. It must be
clearly understood by the Bidders that job specifications and drawings are intended to give the
bidders an idea about the order of magnitude of the work and are in no way exhaustive and
guaranteed by the OWNER. It shall be the full responsibility of the CONTRACTOR to fully meet all the
requirements of the design criteria and if during detailed engineering any upward revision of
specifications, drawings and sizes given in the Bidding Document are to be made to meet the design
criteria, all such changes shall be carried out by the CONTRACTOR without any extra cost to
OWNER.
Obligation of the CONTRACTOR is not limited to the quantities that the CONTRACTOR may either
indicate in the Breakup of Lumpsum Prices along with his bid or in further detailed breakup of
lumpsum prices furnished after award of Work. CONTRACTOR shall carry out and complete entire
scope of work/supplies/Services as detailed in various sections/volumes of the Bidding Document
within the quoted Lumpsum Price.
“Notwithstanding the division of the Contract into separate parts, the lumpsum price as quoted shall
include the cost of supply of all materials and all items of work/services respectively as included in
the scope of supplies/services and site work as stipulated in the Bidding Documents and to
complete the subject Work on Turnkey basis irrespective of whether all the items for supply and
erection/services are categorically listed out/brought out elsewhere or not”.
n. The Lump sum Price shall be derived from the total of the price of materials (supply portion) quoted
in the Price Schedule Formats uploaded by the Owner in the CPP Portal and the price of site work
portion quoted in the Price Schedule Formats uploaded by the Owner in the CPP Portal .
2. FIRM PRICE
The prices quoted by the bidder shall remain firm and fixed and shall be valid until completion of the
Contract and shall not be subject to variation/escalation on any account.
3. TAXES AND DUTIES
The following provisions of GST shall be applicable:
3.1 Goods & Services Tax:
3.1.1 Rate variation in Taxes and any new promulgated taxes after last date of the submission of price bid
only on the goods and/or services applicable to invoices raised on NALCO within the contractual delivery
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date / contractual completion period (including extension approved if any) shall be on NALCO’s Account
against submission of documentary evidence.
3.1.2 Further, in case of delay in delivery of goods and/or services, any upward rate variation in Taxes and
any new promulgated taxes imposed after the contractual delivery date / contractual completion period
shall be to the Contractor’s Account.
3.1.3 It would be the responsibility of the Contractor to get the registration with the respective Tax authorities
under provision of GST. Any taxes being charged by the Contractors would be claimed by issuing proper
TAX Invoice in a GSTN (Goods & Services Tax Network) acceptable format indicating details elements of
all taxes charged and necessary requirements as prescribed under the respective tax laws and also to
mention his correct and valid GSTN number (GSTIN) along with NALCO’s GSTN number as applicable
for particular supply on all invoices raised on NALCO under GST Regime. The Contractor shall submit
GST compliant invoices as per the prevailing GST Rules and Regulations and as per the provisions of the
Bidding Document. The Contractor shall ensure that GSTR-1/Annexure-1 is filed before the due date.
The payment of GST shall be subject to reflection of the Contractor’s invoice in the GSTR-2A/Annexure 2
of NALCO.
3.1.4 The Contractor would be liable to reimburse or make good of any loss/claim by NALCO towards tax
credit rejected / disallowed by any tax authorities due to non deposit of taxes or non updation of the
data in GSTIN network or non filling of returns or non compliance of tax laws by the Contractor by
issuance of suitable credit note to NALCO. In case, Contractor does not issue credit note to NALCO,
NALCO would be constrained to recover the amount including interest payable along with Statutory
levy/Tax, if any, payable on such recovery.
3.1.5 Tax element on any Debit Note / Supplementary invoice, raised by the Contractor will be reimbursed by
NALCO as long as the same is within the permissible time limit as per the respective taxation laws and
also permissible under the Contract terms and conditions. Contractors to ensure that such debit Notes
are uploaded while filing the Statutory returns as may be prescribed from time to time.
3.1.6 The Contractor will be under obligation for quoting/charging correct rate of tax as prescribed under the
respective Tax Laws. Further the Contractor shall avail and pass on benefits of all
exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available under
the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or services or
understanding of law or rules or regulations or any other reasons of similar nature shall be entertained
by NALCO.
3.1.7 In case, NALCO’s Input Tax Credit (ITC) is rejected on account of wrong levy of tax i.e. payment of
Integrated Tax in place of Central Tax+ State/Union Territory Tax or vice versa, the Contractor is liable to
make good the loss suffered by NALCO by issuance of suitable credit note to NALCO. In case,
Contractor does not issue credit note to NALCO, NALCO would be constrained to recover the amount
including interest payable alongwith Statutory levy, if any, payable on such recovery.
3.1.8 NALCO shall reimburse GST levied as per invoice issued by the Contractor as prescribed under section
46 of the CGST Rules 2017 and respective states Act and Rules.
3.1.9 To enable NALCO to avail ITC, the Contractor shall furnish/submit any and all certificates, documents
and declarations as are required by NALCO to avail of the ITC with respect to GST reimbursed by NALCO
on materials sold to NALCO.
3.1.10 The HSN / SAC Code under which the goods/service will fall should be clearly mentioned along with the
Rate at the time of submission of invoice for releasing payment.
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3.1.11 In case, NALCO is not able to take Input Tax Credit due to any noncompliance/default/negligence of the
Contractor, the same shall be recovered from the Contractor including interest along with statutory levy,
if any, payable on such recovery. The recovery shall be made from pending bills/dues (including any
security available with NALCO) or by any other means by NALCO.
3.1.12 Contractor shall be responsible to indemnify NALCO for any loss, direct or implied, accrued to NALCO
on account of Contractor’s failure to discharge his statutory liabilities like paying taxes on time, filing
appropriate returns within the prescribed time etc.
3.1.13 Any benefit by way of reduction in rate of tax or increase in input tax credit arising due to introduction of
GST shall be passed on to NALCO through reduction in supply value by way of commensurate
reduction in Bill value.
3.1.14 The Contractor shall ensure that all the required documents as per the GST regulations are furnished to
NALCO with their invoices failing which NALCO shall not make any reimbursement of such GST.
3.1.15 E-Way Bill shall be the responsibility of the Contractor.
3.1.16 NALCO’S GST Numbers are as under :

Damanjodi Refinery: 21AAACN7449M1Z9
Vizag: 37AAACN7449M1ZW
3.2 DEDUCTION OF INCOME TAX AND TAX DEDUCTION AT SOURCE (TDS ) UNDER GST
3.2.1 The CONTRACTOR shall be exclusively responsible and liable to pay taxes on income comprised in
all or any payments arising out of the Contract, whether payable/paid in India or in any other
jurisdiction and quoted prices shall be inclusive of Income Tax.
3.2.2 Income Tax as applicable at the prevailing rate shall be deducted from the Contractor’s bills.
Nalco, being Buyer ( under Section 194Q inserted in the Income Tax Act, 1961,vide Finance
Act 2021 ), having total sales, gross receipts, or turnover from business above Rupees Ten
Crores during the last Financial Year, will deduct TDS under Section 194Q wef 01.07.2021
at the prescribed rate of 0.10% on the purchase value of any goods, aggregate of which is
exceeding the threshold limit of Rs.50 Lakhs in a financial year. For the purpose of
computing threshold limit of Rs.50 Lakh, all Invoices accounted for by Nalco from 01.04.21
will be considered. However, this is as per current provision of the Income Tax Act and is
subject to modification based on further notification on the subject by Government of India
under Income Tax Act. Accordingly, Contractor is advised not to take any action to collect tax at
source under section 206C(1H) of the Act w.e.f. 01.07.2021, in case provisions of section are
applicable to Contractor.
In case Contractor is categorised/ designated as “specified person” under Section 206AB of

Income Tax Act, 1961, TDS at higher rate as provided under the said section shall be deducted
by NALCO. So, Contractor is advised to submit self-certified copies of Income Tax Return (ITR)
for each of the two previous years for which due date for filing of ITR has expired, along with
the invoice/ bill so as to facilitate NALCO to verify the applicability of Section 206AB.
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The above is as per the current status and is subject to modification(s) based on amendments/
notifications under Income Tax Act, 1961, from time to time.
Bidder/Contractor shall submit to NALCO , the Declaration /Information for deduction of tax at
source under Section 194Q of the Income Tax Act, 1961. The format to be submitted to Nalco
is enclosed with this SCC.
3.2.3 As per section 51 of CGST Act 2017, NALCO shall deduct at source @ 1% CGST & @ 1%
SGST for intra state transactions and @2% IGST in the case of interstate transactions from
the payment made and credited to the supplier of taxable goods and/or services. However,
no deduction shall be made if the location of the supplier and the place of supply is in a
State or Union Territory which is different from the recepient’s registration State.
3.3 RENT & ROYALTIES
3.3.1 Unless otherwise specified, the CONTRACTOR shall pay all tonnage and other royalties, rents and
other payments or compensation (if any) for getting Stone, sand, grave, clay, bricks and other
materials required for the works or any temporary works and it shall be deemed to have been
included in the quoted prices.
3.3.2 Contractor to also note that as per Mines and Minerals Act of Govt. of Orissa the Contractor is required
to pay royalty for various types of construction materials (minor minerals) used in the work. The
royalty charges shall have to be deposited in the office of Tahsildar from whose jurisdiction the
minerals have been lifted. The party has to submit Mineral usage statement and Royalty Clearance
certificate from above Authority along with along with all their RA Bills. No bills will be processed for
payment without payment of all statutory dues by the Contractor.
3.4 NEW TAX AND STATUTORY VARIATION IN TAXES AND DUTIES
3.4.1 If any new taxes or duties (including any increase in rate of any existing taxes or duties) are levied
in India after the date of submission of bids/ revised price bids (whichever is later) and within the
Contractual completion period or any extension thereof by NALCO, on any payments due to the
CONTRACTOR under the Contract , other than tax on income, wealth or profits of the CONTRACTOR,
the OWNER shall reimburse the CONTRACTOR the amount of such taxes or duties lawfully paid and
borne by the CONTRACTOR against proof of payment.
3.4.2 If any existing taxes or duties are withdrawn or the rate is decreased after the date of submission
of the bids/ revised bids (whichever is later) on any payments due to the CONTRACTOR under the
Contract other than tax on income, wealth or profits of the CONTRACTOR, the OWNER shall be
entitled to discount in the amount payable to the CONTRACTOR of amount equivalent to the amount
of such taxes or duties withdrawn or decreased. During the execution of the Contract, any benefit
accrued to the Contractor by way of reduction in rate of tax or increase in input tax credit due to GST
shall be passed on to NALCO through reduction in supply value/ service value( as applicable) by
commensurate reduction in bill value.
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3.4.3 If there is any increase in taxes or duties or if any new taxes or duties are levied in India after the
contractual completion period, such increase in taxes or duties or such new taxes or duties shall be to
the Contractor’s account only
4. BUILDING AND OTHER CONSTRUCTION WORKER’S WELFARE CESS (BOCW)
BOCW, if applicable, shall be borne by the Contractor. The Owner shall not bear any liability in respect
of the same.
5. PROVIDENT FUND
a. The CONTRACTOR shall strictly comply with the provisions of Employees Provident Fund Act and register
the establishment with the concerned Regional Provident Fund commissioner before commencing the
work. The CONTRACTOR shall deposit “Employees” and “Employers” contributions in the designated
account with the designated Authority every month. The CONTRACTOR shall furnish along with each
running bill, the challan/receipt for the payment of provident fund made to the RPFC for the
precedingmonth(s). The CONTRACTOR shall adhere to all the rules and regulations of the PF Act.
b. In case the Provident Fund Authority's receipted challan referred to above is not furnished, the OWNER
shall deduct 5% (five percent) (or such amount as the OWNER may decide) of the payable amount from
the CONTRACTOR'S running bill and retain the same as a security for the payment of the Provident Fund.
Such retained amounts shall be refunded to the CONTRACTOR only on production of challan / receipt of
the Provident Fund Authority for the period covered by the related deduction. The Contractor shall also be
adhere to all the provisions of the Employees State Insurance Act , and shall be responsible for the
Provident Fund and ESIC Coverage of its personnel and its sub-contractor’s personnel.
6. MOBILISATION ADVANCE & ON ACCOUNT PAYMENTS
6.1 MOBILISATION ADVANCE
6.1.1 Interest bearing recoverable Mobilisation Advance, if requested by Contractor, shall be paid to the
Contractor up to 15% of Total Order Value i.e. 10% in 1st installment & 5% in 2nd installment. The rate
of interest on such advance shall be variable. For the Financial Year 2021-2022 , the interest rate is
8% which is worked out based on MCLR rate of State Bank of India as on April 2021 for one year
tenor plus 1% . For subsequent financial years, the interest rate for the balance amount of Mobilisation
advance will be MCLR ( 1 year tenor ) rate of State Bank of India declared in the month of April of that
financial year plus 1%. The mobilisation advance shall be paid to the Contractor after the following
conditions have been fulfilled:
6.1.1.1 The Formal Contract has been signed between the Owner and the Contractor.
6.1.1.2 The Contractor has submitted the Contract Performance Bank Guarantee as per Contractual Terms.
6.1.1.3 The Contractor has submitted the Advance Bank Guarantee(s) for an amount equivalent to 110% of
the advance amount valid up to the Contractual completion period plus one-month issued by any bank as per
the list approved by the Owner and in a format acceptable to the Owner. The amount of advance bank
guarantee submitted will be reduced to the extent of advance recovered from the bills submitted by the
Contractor. For this purpose, the Contractor may submit multiple Bank Guarantees totalling to the Advance
amount in one go to facilitate the release of Bank Guarantee to the extent of advance recovered provided that
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each Bank guarantee is submitted in multiples of 25% of the total Bank Guarantee furnished . Advance shall
be recovered pro-rata from the payment to be released as per the contractual payment terms.
6.1.2 Second installment of Mobilization advance shall be paid only after submission of utilization certificate
by the Contractor for the first installment paid for execution of this Contract only and satisfactory site
mobilisation by the Contractor, duly certified by the Engineer-In-Charge, and on submission of
Advance Bank Guarantee for an amount equivalent to 110% of the advance amount valid up to the
Contractual completion period plus one-month issued by any bank as per the list approved by the
Owner and in a format acceptable to the Owner. If it is found that the said advance has been utilized
by the Contractor in whole or part for any other purpose; the Owner may at its discretion forthwith
recall the entire advance and without prejudice to any other right or remedy available to the Owner,
recover the same by recourse to the Bank Guarantee(s).
6.1.3 The Contractor shall, at the request of the Owner, suitably extend the validity of the Bank Guarantee(s)
for such period as may be required.
6.1.4 A schedule of mobilisation shall be drawn after due discussion with Contractor. In the event of undue
delay in mobilisation, the Engineer In-Charge may initiate necessary action for recovery through
encashment of Bank Guarantee.
6.1.5 Recovery of mobilisation advance paid shall start when 15% of the work is executed or from 1 st
Running Account (RA) Bill, whichever is later.
6.1.6 Depending upon the percentage of Mobilisation Advance opted by the Contractor, the recovery shall
be made in such a manner that the total Mobilisation Advance is recovered when 80% of the Total
Order Value gets paid. The percentage of recovery from RA Bills for Mobilisation Advance shall be
decided as per given formula:
% Recovery = (% Advance/80) X100
6.2 ON ACCOUNT PAYMENTS
i) Supply Portion :
100% payment along with taxes & duties shall be payable as per following break up:-
a) 75% payment on pro-rata basis on supply order value shall be made against dispatch
documents (along with Inspection Release Order certifying the clearance of goods for
despatch ) received through bank, along with 100% GST. The documents to be submitted
with the invoices shall be as mentioned in the BOA. These will include LR, Delivery Challan,
Packing List, Inspection Release Order etc.
b) 5% against submission of all final technical documents / drawings in the required number of
copies, as per vendor data requirement specified in the Order.
c) 10% shall be paid after completion of successful Erection of the above Package Unit at Site,
duly certified by the Engineer-In-Charge.
d) Balance 10% shall be paid within 30 days of Final Handing over of the above entire Package
Unit to the Owner at Site( after completion of successful commissioning as certified by
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Engineer-In-Charge) , submission of As Built drawings, and on fulfilment of all Contractual

obligations.
Nalco (Buyer) w.e.f. 01.07.21, will deduct TDS under Section 194Q at the rate of 0.10% on
Purchase value exceeding Rs.50 Lakhs. For the purpose of computing threshold limit of Rs.50
Lakhs, all Invoices accounted for by Nalco from 01.04.21 will be considered. However, this is as
per current provision of the income Tax Act and is subject to modification based on further
notification on the subject by Government of India under Income Tax Act.
ii) Site Work

a) 90% pro-rata along with GST thereon against monthly progressive bills duly certified by Site
In-Charge.
b) 10% along with GST thereon within 30 days of final Handing over of the above entire
Package Unit to Owner at site ( after completion of successful commissioning as certified
by Engineer-In-Charge) , submission of As Built drawings , and on fulfilment of all
Contractual obligations.
ii) Training Services :
90% along with applicable GST shall be paid on completion of training and on submission of
invoice duly certified by the Engineer-In-Charge.
Balance 10% shall be paid after handing over of the entire Package to the Owner.
Notes:
1. Goods & Services Tax (GST) as applicable shall be paid extra as per the provisions of the
Bidding Document. The Contractor will have to raise GST Compliant invoices for the
applicable GST amount as per approved format for claiming the GST paid.
2. Final Handing Over shall mean completion of successful Commissioning , as certified by

the Engineer-In-Charge.
3. All reimbursement / payment of GST shall be subject to availability of taxes paying

document / invoice against which the Owner shall be eligible to take ITC (Input tax credit)
in terms of GST provision. E-way Bill shall be the responsibility of the Contractor. The
Contractor should ensure that the GSTR-1 / Annexure-1 is filed before the due date.
The payment of GST shall be subject to reflection of party’s invoice in the GSTR-2A /
Annexure 2 of NALCO.
4. The above payment terms are broader payment terms and actual payment shall be made
as per billing break-up to be approved by the Complex Head of Nalco. Contractor shall
submit Billing Break-up to tkIs India / Nalco, for approval, within two months from the
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date of NALCO’s BOA.
5. Total Order Value is the sum of price for both Supply and Services (including Site Work
Portion ) excluding Taxes and Duties.
The Contractor shall furnish a Contract Performance Bank Guarantee(CPBG) , for 3% of

the Total Order Value plus applicable GST, as per NALCO’s format, executed by any of the
banks listed in the Appendix enclosed with the Special Conditions of Contract. The
Contractor shall submit the CPBG within 21 days of issue of BOA by NALCO. This CPBG
shall be valid for a period of three months beyond the expiry of the Guarantee Period of 12
months from the date of Successful Commissioning of the above Package Unit or 24
months from the date of completion of Erection, whichever is earlier. Each page of the
Bank Guarantee must be stamped & signed by the authorized signatory(ies) of the Bank.
Corrections, if any, must also be initialled by the authorized signatory(ies) of the Bank.
The Bank is required to send the original Bank Guarantee(s) in confirmation directly to the
beneficiary. For reasons of non-fulfilment of any contractual obligation, if CPBG is invoked,
the same shall be inclusive of applicable GST.
In case, CPBG gets reduced / deducted for reasons of non-fulfilment of any contractual
obligation then the reduction / deduction shall be done with applicable GST at the time of
settlement. The CPBG shall remain valid uptotest three months beyond the defect liability
period ( Guarantee –Warranty Period ) or closure of Contract complete in all respects,
whichever is later. The Contractor is required to extend the validity of the Bank Guarantee
as required and the charges shall be borne by the Contractor.
7. INSURANCE
7.1.1 NALCO has taken insurance policy on ware-house to ware-house basis .
All the materials to be supplied by the Contractor to NALCO against the Contract and which will be
handed over to NALCO upon completion of the Package Unit will be covered under the MCE policy
taken by NALCO.
Any loss or damage to the materials or any of them during ocean / air transportation, port / custom
clearance, during inland and port handling, inland transportation, storage, erection, final test and
commissioning, shall be to the account of CONTRACTOR, and the CONTRACTOR shall be exclusively
responsible within the scope of supplies in respect of materials and within the scope of services in
respect of works to make good any damage or loss to the materials and works by way of repairs
and/or replacement, as the case may be, pending insurance claim, and no delay shall be made by
the CONTRACTOR in repair/replacement pending such claim. OWNER shall raise the insurance claim
in case of damage to the materials and/or works, and all supporting documents for such claims shall
be handed over by the CONTRACTOR to the OWNER immediately. CONTRACTOR shall provide all
assistance for such a claim.
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7.1.2 The CONTRACTOR shall bear the entire cost of arranging all documents/ information, facilitating
inspection/ discussions by the officials/surveyors deputed by the Insurer. The CONTRACTOR shall
make all efforts to get settlement of claim at the earliest, and no time extension for completion of
work will be given for delay on this account.
7.1.3 Transit Insurance shall be arranged and borne by NALCO . The Contractor shall intimate M/s. NALCO
and the insurance the despatch details of each shipment within maximum five days from the date of
despatch enabling NALCO and the insurance company to cover the required insurance. Contractor
shall be fully responsible in the event of any delay in furnishing the required despatch details to
NALCO and the insurance company. For the materials to be supplied to Nalco under Nalco’s
insurance policy, the Contractor has to give a prior intimation to the insurance company to the e-mail
id : amaresh.rout@orientalinsurance.co.in with a copy to storesref_osrd@nalcoindia.co.in. The
Contractor should also furnish the LR Number, vehicle details and copy of their invoice to the above
e-mail ids.
7.1.4 CONTRACTOR shall be solely liable to adhere to the requirements of the insurer for settlement of
claims without prejudice to the rights of OWNER/ Insured. During claim, following steps which are
not exhaustive are required to be taken care by CONTRACTOR:
 Timely information of occurrence of risk event i.e. Within 24 hours, for conducting survey.
 Protecting the rights of Insured while issuing acknowledgements.
 Lodging of monetary claims in time and furnishing of requisite documents to surveyors/Insurer.
 Taking necessary precautions so that the loss/damage is not aggravated further.
 Damaged goods to be protected fully.
 Clear the site by dismantling & removing the damaged material to designated location after
verification & survey by Insurer.
Any money received by the OWNER under any policy or policies of insurance shall be held by the
OWNER for proportionate payment to the CONTRACTOR in respect of any appropriate repairs
undertaken and/or replacement(s) made by the CONTRACTOR. Should the CONTRACTOR fail to
undertake in whole or in part such repairs and/or replacement(s) and other works necessary
consequent upon the occurrence of any contingency covered by such insurance, OWNER shall be
entitled to get the work done in whole or in part for such repair/replacement through any other agency
(ies), without prejudice to any other rights or remedies available to the OWNER, at the sole risk & cost
of the CONTRACTOR.
7.1.5 Separate insurance policy to the extent of deductibles on accourt of excess may be arranged by
Contractor at his own cost.
7.1.6 CONTRACTOR shall at his own cost and expense cover all insurance required under the prevailing
statutes for his personnel and his sub-contractors. This shall include but not be limited to individual
personal accident insurance / coverage under Workmen Compensation Act etc.
7.1.7 CONTRACTOR shall at his own cost and expense also obtain suitable insurance policies to cover
all third party liabilities, vehicles, and all his tools, tackles, matierials, construction
equipment, personnel etc.
7.1.8 CONTRACTOR shall also comply with all other indemnity and insurance as stipulated in the General
Conditions of Contract.
7.1.9 CONTRACTOR shall at his own cost and expense cover all insurance required for all items,
equipment / spares kept under their custody.
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8. ROUNDING OFF
All payments to and recoveries from the bill of CONTRACTOR shall be rounded off to the nearest
Rupee. Wherever the amount to be paid/ recovered consists of a fraction of a Rupee (Paise), the
amount shall be rounded off to the next higher rupee if the fraction consists of 50 (fifty) paise or more
and if the fraction of a Rupee is less then 50 (fifty) paise, the same shall be ignored.
9. CONSTRUCTION WATER & POWER SUPPLY AND LAND
9.1 CONSTRUCTION POWER SUPPLY
9.1.1 Subject to availability, Owner will supply power at 400/440 V at only one point at the nearest
substation, from where the contractor will make his own arrangement for temporary distribution. The
point of supply will not be more than 500 Metres away from the Contractor’s premises. All the works
will be done as per IEA regulations and passed by the Engineer-in-Charge. The temporary line will be
removed forthwith after the completion of work or if there is any hindrance caused to the other works
due to the alignment of these lines, the contractor will re-route or remove the temporary lines at his
own cost. The Contractor at his cost will also provide suitable electric metres, fuses, switches, etc. for
purposes of payment to the Owner which should be in the custody and control of the Owner. The cost
of power supply shall be payable to the Owner every month @ Rs.4.30P per kWh for power, which will
be deducted from the running bills. The Owner shall not, however, guarantee the supply of electricity
and no compensation for any failure or short supply of electricity will be entertained and this does not
relieve the contractor of his responsibility for timely completion of this works as stipulated in the
Contract.
9.1.2 It shall be the responsibility of the Contractor to provide and maintain the complete installation of the
load side of the supply with due regard to safety requirement at site. All cabling, equipment,
installations etc. shall comply in all respects with the latest statutory requirements and safety
provisions i.e. as per and the Central/ State Electricity Acts and Rules etc. The Contractor will ensure
that his equipment and Electrical wiring etc. are installed modified, maintained by a licensed Electrician
/ Supervisor. A rest certificate is to be produced to the Engineer-in-Charge for his approval, before
power is made available.
9.1.3 At all times, IEA regulations shall be followed failing which the Owner has a right to disconnect the
power supply without any reference to the contractor. No claim shall be entertained for such
disconnection by the Engineer-in-Charge. Power supply will be reconnected only after production of
fresh certificate from authorised electrical supervisors.
9.1.4 The Owner is not liable for any loss or damage to the Contractor’s equipment as a result of variation in
voltage or frequency or interruption in power supply or other loss to the Contractor arising there from.
9.1.5 The Contractor shall ensure that the Electrical equipment installed by him are such that average power
factor does not fall below 0.90 at his premises. In case power factor falls below 0.90 in any month, he
will reimburse to the Owner at the penal rate determined by the Owner for all units consumed during
the month.
9.1.6 The Power supply required for Contractor’s colony near the plant site will be determined by the Owner
and shall as per state Electricity Board’s Rules and other Statutory provisions applicable for such
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installations from time to time. In case of power supply to Contractor’s colony, the power will be made
available at a single point on chargable basis (as per Clause No 9.1.1) and the Contractor shall make
his own arrangement at his own cost for distribution to the occupants of the colony as per Electricity
Rules & Acts. The site area and colony shall be sufficiently illuminated to avoid accidents.
9.1.7 The Contractor will have to provide and install his own light and power meters, which will be governed
as per Central/ State Government Electricity Rules. The meters shall be sealed by the Owner.
9.1.8 In case of damage to any of the Owner’s equipment on account of fault, intentional or unintentional on
the part of the Contractor the Owner reserves the right to recover the cost of such damage from the
contractor’s bill. Cost of HRC Fuses replaced at the Owner’s terminals due to any fault in the
Contractor’s installation shall be to contractor’s account at the rates decided by the Engineer-in-
Charge.
9.1.9 Only motors upto 3 HP will be allowed to be started direct on line. For motors above 3 HP and up to
100 HP a suitable starting devices approved by the Engineer-in-Charge shall be provided by the
Contractor For Motors above 100 HP slipping induction motors will suitable starting devices as
approved by the Engineer-in-Charge shall be provided by the Contractor.
9.1.10 The Contractor shall ensure at his cost that all electric lines and equipment and all installations are
approved by the State Electricity Inspector before power can be supplied by the Owner.
9.1.11 The total requirement of power shall be indicated by the Bidder in his Bid.
9.1.12 The Contractor shall also abide by all the provisions of the Bidding
9.2 CONSTRUCTION WATER SUPPLY
9.2.1. Unless other wise provided in the Contract, the Contractor shall be responsible for the arrangements to
obtain supply of water necessary for the works, his labour colony, his workshops, his offices etc. All
pumping installations, pipe network, storage and distribution system will have to be carried out by the
Contractor at his own cost.
9.2.2. The Owner may agree to supply water to the Contractor for use in the Owner’s works on specified
terms and conditions as shall be determined by the Owner, which shall be binding on the Contractors.
The tenderer is however required to exercise his option to receive such water supply from Owner’s
main at the time of submission of his tender.
9.2.3. When the water is supplied by the Owner, the Owner’s main will be within 500 metres form the site of
work. The Contractor shall provide at his own cost, all necessary ferrules, pipes, fitting, couplings,
water purifiers, tanks and temporary works required and he shall maintain all such works in
satisfactory condition. The Contractor shall remove all such works and shall re-instate and make good
any work disturbed, to the satisfaction of the Engineer-in-Charge.
9.2.4. DELETED
9.2.5. In the event of the Contractor’s drawing water from the Owner’s main/source, he shall not claim any
compensation for interruption or failure of Owner’s water supply caused due to any reasons beyond
the control of the owner.
9.2.6. The water so supplied by the Owner shall be free of cost for the Constructional work only.
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9.3 LAND USE FOR CONSTRUCTION SITE OFFICES AND RESIDENTIAL ACCOMMODATION
9.3.1 Land for Contractor’s Field Office, Godown and Workshop :
9.3.1.1 The Owner may at his discretion and convenience and for the duration ofthe execution of the work
provide the land for construction of Contractor’s field office, godown, workshops and assembly yard
required for the execution of the contract nearer to the site. The Contractor shall at his cost construct
all these temporary buildings structures and provide suitable water supply and sanitary arrangement
as approved by the Engineer-in-Charge and other inspectorates.
9.3.1.2 On completion of the works undertaken by the Contractor, he shall remove all temporary works
erected by him and have the site cleared as directed by Engineer-in-Charge. If the Contractor fails to
comply with these requirements, the Engineer-in-Charge has the right to remove any structure, such
surplus, rubbish materials and depose off the same as he deems fit and get the site cleared and the
contractor shall forthwith pay the amount of all expenses so incurred and shall have no claim in
respect of any such surplus materials disposed as aforesaid. The Owner reserves theright to ask the
Contractor at any time during the pendancy of the contract, to vacate the land by giving 7 (seven) days
notice on security reasons or on national interest or otherwise. A token rent of Rs. 100/- (Rupees One
hundred only) per hectare or part thereof per annum or part thereof shall be charged for the land so
made available. Land provided shall be solely on licence basis which is terminable by at any time
without notice or without assigning any reasons. In the event of any such termination or the
termination of the contract/completion thereof, the contractor shall forthwith vacate the premises.
9.3.2 Land for Residential Accommodation:
Land for residential accommodation for labour may be made available at the discretion of the
Engineer-in-Charge and rent for the same will be as decided by the Engineer-in-Charge according to
location and the area occupied by the Contractor.
10. CONTRACTOR’S COMPUTERISED BILLING SYSTEM
10.1 Without prejudice to stipulation in General Conditions of Contract, CONTRACTOR hould follow
following billing system:
The bills will be prepared by the CONTRACTOR on their PCs as per the standard formats and
codification scheme proposed by OWNER / CONSULTANT. The CONTRACTOR will arrange for
necessary software (if the Consultant / Owner does not provide any specific software) for data entry to
capture the relevant billing data for subsequent processing.
The CONTRACTOR will submit these data to OWNER/CONSULTANT in an electronic media along with
the hard copy of the bill, necessary enclosures and documents. The CONTRACTOR will also ensure
the correctness and consistency of data so entered with the hard copy of the bill submitted for
payment.
OWNER / CONSULTANT will utilise these data for processing and verification of bill of the
CONTRACTOR.
11. PENALTIES FOR NON-OBSERVATION OF SAFETY NORMS
In addition to the penalties, if any, specified in the HSE enclosed with the Bidding Document,
the following penalties shall also be applicable with a view to improve the safety aspects of execution
of the job based on the job requirements:
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(i) Penalties
a) Violation of applicable Safety, Health and Environment related norm a penalty of

Rs.5000/ per occasion.
b) Violation as above resulting in -
Any reportable physical injury, as per Indian Factory Act 1948, a penalty of 0.5% of
the contract value (maximum of Rs.2,00,000) per injury in addition to Rs.5000/per
occasion as in item (a).
Fatal accident, a penalty of 1% of the contract value (maximum of Rs.10,00,000/-) per

injury in addition to Rs.5000/per occasion as in item (a).
(ii) The Contractor should be advised to take appropriate insurance policy for the effective
implementation of the above penalty provision
(iii) In case of accidents depending on the seriousness of injury etc. in addition to the
hospitalization/ Treatment charges and Group insurance amount, compensation shall be paid by
the Contractor to the affected person/ his family members in presence of Engineer-in-charge as
per Workmen Compensation Act.
In case of any conflict between the penalties mentioned in the HSE section enclosed with the Bidding
Documents, and this clause, the more stringent clause shall be followed.
Levy of Penalty shall be with GST at applicable rate.
12. PRICE REDUCTION SCHEDULE (PRS) FOR DELAY IN COMPLETION :
Time is of the essence of the Contract. Price Reduction Schedule for delay in completion of the above
Package Unit shall be ½% (half percentage ) of the Total Order Value, per week of delay or part thereof,
subject to a maximum of 5% (Five percentage ) of the Total Order Value. The date of successful
commissioning of the system shall be considered for the purpose of Price Reduction Schedule (PRS).
The PRS, liabilities or any penalties will be recovered along with applicable GST.
13. SHIPPING WEIGHT FOR PACKAGES:
Actual weight / volume shall not exceed the estimated weight/ volume quoted by the Bidder in the
offer. In case actual weight/ volume exceeds the quoted figures, the additional cost of shipping on this
account shall be borne by the Bidder. Freight quoted by Bidder shall be firm without any escalation.
14. GUARANTEE–WARRANTY PERIOD FOR THE ABOVE PACKAGE UNIT:
The Guarantee – Warranty Period for the above Package Unit shall be 12 (twelve) months from the
date of successful commissioning of the above Package Unit or 24 (twenty four) months from the
date of completion of Erection, whichever is earlier.
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15. CONTRACTOR TO COVER INSURANCE:
Contractor shall at his own expense carry and maintain insurance with reputed insurance companies
to the satisfaction of the Owner as follows:
15.1 Employees State Insurance Act:
The Contractor agrees to and does hereby accept full and exclusive liability for compliance with all
obligations imposed by the Employees State Insurance Act., 1948, and the Contractor further agrees
to defend, indemnify and hold Owner harmless form any liability of penalty which may be imposed by
the Central, State or Local authority by the reason of any violation or asserted violation by Contractor
or Sub-contractor of the Employee’s State Insurance Act, 1948 and also from all claims, suits or
proceeding that may be brought against the Owner arising under, growing out of or by reasons of the
work provided for by this Contract whether brought by employees of the Contractor or sub-contractor ,
by third parties or by Central or State Government authority or any political sub-division thereof.
The Contractor agrees to fill in with the Employees State Insurance Corporation, the Declaration Forms
and all forms which may be required in respect of the Contractor’s or Sub-contractor’s employees who
have to be covered under ESIC as per applicable laws and who are employed in the work provided for
or those covered by ESI from time to time under the Agreement. The Contractor shall deduct and
secure the agreement of the subcontractor to deduct the employee’s contribution as per the relevant
schedule of the Employee’s State Insurance Act from wages and affix the employee’s contribution
cards at wages payments intervals. The Contractor shall remit and secure the agreement of the sub-
contractor to remit to the State Bank of India, Employees State Insurance Corporation Account, the
employee’s contribution as required by the Act. The Contractor agrees to maintain all cards and
records as required under the Act in respect of employees and payments and the Contractor shall
secure the agreement of the sub-contractor to maintain such records. Any expenses incurred for the
contributions, making contributions or maintaining records shall be to the Contractor’s or sub-
contractor’s account. The Contractor shall adhere to, and also ensure that his sub-contractors adhere
to all the rules and regulations of the ESIC Act.
The Owner shall retain such sum as may be necessary from the Total Order Value until the Contractor
furnishes satisfactory proof that all contribution as required by the Employees State Insurance Act,
1984, have been paid. This will be pending on the Contractor when the Employees State Insurance
Act is extended to the place of of work. The Contractor shall also adhere to all the provisions of the
General Conditions of Contract.
15.2 Workmen Compensation and Employees Liability Insurance:
The Contractor shall cover Insurance at his own cost for all the Contractor’s employees and personnel
engaged in the performance of this Contract. If any of the work is sub-contracted, the Contractor shall
ensure that the sub-contractor shall provide Workmen’s Compensation and Employer’s liability
insurance for the latter’s employees if such employees are not covered under the Contractor’s
insurance.
15.3 Any other insurance required under Law or Regulations or by Owner:
Contractor shall also carry and maintain any and all other insurance, which he may be required under
any law or regulation from time to time. He shall also carry and maintain any other insurance, which
may be required by the Owner.
15.4 Accident or Injury to workmen:

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The Owner shall not be liable for or in respect of any damages or compensation payable at law in
respect or in consequence of any accident or injury to any workman or other person in the
Employment of the contractor or any sub-contractor save and except an accident or injury resulting
from any act or default of the Owner, his agents or servants, and the Contractor shall indemnify and
keep indemnified the Owner against all such damages and compensation (save and except as
aforesaid) and against all claims, demands, proceeding, costs, charges and expenses, whatsoever in
respect thereof or in relation thereto. The Contractor shall also adhere to all the provisons of the
General Conditions of Contract.
16. LABOUR LAWS:
Contractor shall comply with any and all laws, ordinances, regulations and decision of courts (which
shall be deemed to be a part of this Agreement) concerning the health, sanitary arrangements, wages,
welfare, safety , employment and all labour related matters of any and all of his workers and personnel
( including his sub-contractor’s workers & personnel) and shall exclusively bear the consequences of
failure to comply therewith. Contractor shall Indemnify and hold the Engineer-In-Charge and Owner
harmless from any actions, proceedings, claims, demands, costs , expenses, fines or penalties which
may be made against Engineer-In-Charge or Owner as result of Contractor’s failure to fulfil these
obligations or Contractor’s failure to adhere to all labour laws, rules and regulations. Without limiting
the generality of the foregoing, Contractor shall fully comply with all applicable labour laws,rules and
regualtions . The Contractor shall obtain clearance from the Labour Department regarding the
compliance of the labour laws on 6 monthly basis ( or within such time as may be fixed by the Owner
in this regard) and submit to the Owner for record. The Contractor shall also adhere to the following :
(i) No labour below the age of 18 (eighteen) years shall be employed on the work.
(ii) The Contractor shall not pay less than what is provided under law to labourers engaged by him
on the work.
(iii) The Contractor shall at his expense comply with all applicable labour laws, rules and
regulations and shall keep the Owner & Engineer-In-Charge indemnified in respect thereof.
(iv) The Contractor shall pay equal wages for men and women in accordance with applicable
labour laws.
(v) If the Contractor is covered under theContract Labour (Regulation and Abolition) Act, he shall
obtain a licence from licensing authority (i.e. office of the labour commissioner) by payment of
necessary prescribed fee and the deposit, if any, before starting the work under the contract.
(vi) The Contractor shall employ labour in sufficient numbers either directly or through sub-
contractors to maintain the required rate of progress and of quality to ensure workmanship of
the degree specified in the Contract and to satisfaction of the Engineer-in-Charge. The
contractor shall not employ in connection with the works any person who has not completed
his 18 (eighteen) years of age.
(vii) The Contractor shall furnish to the Owner the distribution return of the number and
description, by trades of the work people employed on the works. The Contractor shall also
submit on the 4th and 19th of every month( or on such dates as may be fixed in this regard by
the Owner) to the Owner a true statement showing in respect of the second half of the
preceding month and the first half of the current month (1) the accidents that occurred during
the said fortnight showing the circumstance-under which they happened and the extent of
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damage and injury caused by them and (2) the number of female workers who have been
allowed Maternity benefit as provided in the Maternity Benefit Act 1961 or Rules made
thereunder and the amount paid to them.
(viii) The Contractor shall comply all applicable labour laws, rules & regulations, including the
provisions of the payment of Wages Act 1936, Minimum Wages Act 1948, Employees Liability
Act 1928. Workmen’s Compensation Act, 1923, The Industrial Disputes Act 1947, the
Maternity Benefit Act 1961, Employees Provident Fund Act, 1952 and Contract Labour
Regulation and Abolition Act 1937, Payment of Bonus Act 1965, The Employees
Compensation Act 1923, The Factories Act 1948, , Employment of Children Act 1938 or any
modifications thereof or any other law relating thereto and rules made thereunder from time to
time.
(ix) The Owner shall on a report having been made by an Inspecting Officer as defined in Contract
Labour (Regulation and Abolition) Act 1970 have the power to deduct from the moneys due to
the Contractor any sum required or estimated to be required for making good the loss suffered
by a worker or Workers by reason of nonfulfillment of the Conditions of the Contractor for the
benefit of workers, non-payment of wages or of deductions made from his or their wages
which are not justified by the terms of the Contract or nonobservance of the said regulations.
(x) The Contractor shall indemnify the Owner against any payments to be made under and for the
observance of the provisions of the aforesaid Acts without prejudice to his right to obtain
indemnity from his subcontractors. In the event of the Contractor committing a default or
breach of any of the provisions of the aforesaid Acts and all labour laws, rules and regulations,
as amended from time to time, or furnishing any information or submitting or filling any
Form/Register/Slip under the provisions of these Acts which is materially incorrect then on the
report of the inspecting Officers the Contractor shall without prejudice to any other liability pay
to the Owner a sum as may be fixed by the Owner for every default, breach of furnishing,
making submitting, filling materially incorrect statement and in the event of the Contractor's
default continuing in this respect the liquidated damages may be enhanced by the Owner or
the Owner may take such action as the Owner deems fit. The Owner shall deduct such
amount from bills or security deposit of the Contractor and credit the same to the welfare fund
constituted under these acts. The decision of the Owner in this respect shall be final and
binding on the Contractor. The Contractor shall also adhere to all the provisions of the General
Conditions of Contract.
17. ARBITRATION:
17.1 SETTLEMENT OF DISPUTES & ARBITRATION
17.1.1 In the event of any question, dispute and/or difference whatsoever arising under this assignment in
connection therewith including any question relating to existence, meaning and interpretation of this
assignment or any alleged breach thereof, the same will be settled as far as possible by mutual
discussions of the parties.
17.1.2 Notwithstanding any such claim under arbitration, the CONTRACTOR shall continue to perform the
services unless it is the subject matter of the dispute of referred to arbitration.
17.1.3 All disputes or differences whatsoever which shall at any time arise between the parties hereto
touching or concerning this contract or the execution or maintenance thereof of the contract or the
rights touching or concerning the works or the execution or maintenance thereof of this contract or the
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construction meaning operation or effect thereof or to the rights or liabilities of the parties or arising
out of or in relation thereto whether during or after completion of the contract or whether before or
after determination, before closure or breach of the contract (other than those in respect of which the
decision of any person is by the contract expressed to be final and binding) shall after written notice by
either party to the contract to the other of them and to the Appointing Authority hereinafter mentioned
be referred for adjudication to a sole Arbitrator to be appointed as hereinafter provided.
For the purpose of appointing the sole Arbitrator referred to above, the Appointing Authority i.e.
Chairman cum Managing Director, NALCO, will send within thirty days of receipt of the notice, to the
seller a panel of three names of persons.
The seller shall on receipt of the names as referred select any one of the person names to be
appointed as a sole Arbitrator and communicate his name to the Appointing Authority within thirty
days of receipt of the names. The appointing Authority shall there upon without any delay appoint the
said person as the sole Arbitrator. If the seller fails to communicate such selection as provided above
within the period specified, the Appointing Authority shall make the selection and appoint the selected
person as the sole Arbitrator.
If the Arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacate his
office due to any reason whatsoever sole Arbitrators shall be appointed as aforesaid. The work under
the contract shall, however continue during the arbitration proceedings.
The Arbitrator shall be deemed to have entered on the reference on the date he issues notices to both
the parties fixing the date of the first hearing.
The Arbitrator shall give a separate award in respect of each dispute or difference and shall give a
reasoned and speaking award/ awards.
The seat of arbitration shall be at Bhubaneswar. However, if the situation so warrants venue of
arbitration may be at as and where required basis, and may be held at the place where the site of
work is situated.
The fees, if any, of the Arbitrator shall, if required to be paid before the award is made and published
be paid half and half by each of the parties. The costs of the reference and of the award including the
fees, if any of the Arbitrator shall be in the discretion of the Arbitrator who may direct to and by whom
and in what manner, such costs or any part thereof shall be paid may fix or settle the amount of costs
to be so paid.
The award of the arbitrator shall be final and binding on both the parties.
Subject to aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 as amended by the
Arbitration and Conciliation (Amendment) Act, 2015 or any statutory modification or re-enactment
thereof and the rules made there under, and for the time being in force shall apply to the arbitration
proceeding under this clause.
In the event of disputes or differences arising between one public sector enterprise and a Govt.
Department or between two public sector enterprises the above stipulations shall not apply, the
provisions DPE office memorandum No.4(1)/2013-DPE(PMA)/FTS-1835 dated 11th April, 2017 or its
amendments for arbitration shall be applicable.
18. JURISDICTION / GOVERNING LAWS:

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(a) Jurisdiction:
For all disputes arising of this contract, the jurisdiction shall be lie under the jurisdiction of direct
courts in the respective areas in the State of ODISHA (India) only.
(b) Governing Laws:
The contract shall be governed by and construed according to the laws in force in INDIA.
19. ORDER OF PRECEDENCE:
The several Contract documents forming the Contract are to read together as a whole and are to be
taken as mutually explanatory.
Notwithstanding the sub-division of the Contract into these separate documents and/or volumes
and/or heads, every part of each separate section/volume/head shall be deemed to be supplementary
of every other part and shall be read with and into the Contract so far as it may be practicable to do so.
If conflicts between the documents comprising the Contract arise, the following shall prevail in the
order stipulated below:
i) Contract Agreement
ii) Brief Order of Acceptance ( BOA)
iii) Statement of Agreed Variations (Addenda / Corrigenda)
iv) Job specifications / Scope of Work
v) Technical Specifications
vi) Applicable Codes & Standards
vii) Quality Assurance Procedures
viii) Special Conditions of LSTK Contract
ix) Price Schedule Formats
x) Instructions to Bidders
xi) General Conditions of Contract
xii) Other documents
Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide
certain facilities it is understood that the Contractor shall do so at his own cost.
Should there be any doubt or ambiguity in the interpretation of the Contract documents or
contradiction therein or should there be any discernable error or omission in any Contract documents,
the CONTRACTOR shall, prior to commencing the relative work or supply, as the case may be, apply in
writing to the Engineer-in-Charge for his decision for resolution of the doubt, ambiguity or
contradiction or correction of the error or making good the omission, as the case may be. Should the
CONTRACTOR fail to apply to the Engineer-in-Charge for his decision as aforesaid prior to
commencing the relative work or supply, the CONTRACTOR shall perform the said work or make the
said supply, as the case may be, at his own cost and risk.
20. DEDUCTION WITH APPLICABLE GST:
Any forfeiture / deduction / recovery / reduction from Contract Price under the Contract by invoking
Contract-cum-Performance Bank Guarantee or otherwise shall be done with applicable GST at the time
of such transaction.
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21. REGISTRATION OF THE CONTRACTOR WITH STATUTORY AUTHORITIES:
Within 30 days of execution of the Contract Agreement, the CONTRACTOR shall, if required by the
applicable statutes, register itself and the Contract at its own cost with the Reserve Bank of India,
Income Tax, GST and other statutory authorities as required under the rules and regulations governing
in India. A copy of all documents related to all such registrations shall be submitted to the OWNER for
record.
Immediately after notification of the Letter of Acceptance / BOA, the CONTRACTOR shall, if required by
the applicable statutes, obtain permission for opening of office(s) in India, from the Reserve Bank of
India.
22. STATUTORY APPROVALS:
22.1 Unless otherwise specified, it shall be the CONTRACTOR's responsibility to obtain all
approvals from any authority (except for environment clearance) required under any statute,
rule or regulation of the Central or State Government concerned with the performance of the
Contract and/or the contractual Work. The application on behalf of the OWNER for submission
to relevant authorities alongwith copies of required certificates complete in all respects shall be
prepared and submitted by the CONTRACTOR well ahead of time so that the actual
construction/commissioning of the works is not delayed for want of the approval/inspection by
the concerned authorities. The CONTRACTOR shall arrange for the inspection of the works by
the authorities and will undertake necessary coordination and liaisoning required and shall not
be entitled to any extension of time for any delay in obtaining such approvals.
22.2 Any deficiency(ies) as pointed out by any such authority shall be rectified by the
CONTRACTOR within the scope of relative supply and/or Work at no extra cost to the
OWNER. The inspection and acceptance of the Works by such authorities shall, however, not
absolve the CONTRACTOR from any of its responsibilities under this Contract.
22.3 No extension of time shall be granted for meeting the requirement and/or obtaining approval of
statutory authorities.
23. LIMITATION OF LIABILITY :
The maximum liability of the Contractor shall be 100% ( One Hundred Percentage) of the Total Order
Value. The total maximum liability shall be exclusive of patent infringement & indemnity. The PRS,
Liabilities or any penalty will be recovered with the applicable GST.
……………………………………………………………………………………………………………….
CONTRACT
ANNEXURE-I
LIST OF APPROVED BANKS
1. LIST OF PSU BANKS
Sl. No Name of the Bank

1 Allahabad Bank
2 Andhra Bank
3 Bank of Baroda
4 Bank of India
5 Bank of Maharashtra
6 Canara Bank
7 Central Bank of India
8 Corporation Bank
9 Dena Bank
10 lOBI Bank
11 Indian Bank
12 Oriental Bank of Commerce
13 Punjab & Sind Bank
14 Punjab National Bank
15 State Bank of India
16 Syndicate Bank
17 UCO Bank
18 Union Bank of India
19 Vijaya Bank
2. LIST OF PRIVATE BANKS
Sl. No Name of the Bank

1 HDFC Bank Ltd.
2 ICICI Bank Ltd.
3 Axis Bank Ltd.
4 Kotak Mahindra Bank Ltd.
' 5 YES Bank
6 lnduslnd Bank Ltd.
7. The Federal Bank Ltd.
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8 The Jammu & Kashmir Bank Ltd.

9 The South Indian Bank Ltd.
10 The Karur Vysya Bank Ltd.
11 The Karnataka Bank Ltd.
12 IDFC Bank
13 RBL Bank
14 The Lakshmi Vilas Bank Ltd.
15 Tamilnad Mercantile Bank Ltd.
16 City Union Bank Ltd.
3. LIST OF FOREIGN BANKS
Sl.No. Name of the Bank BIC

1 Abu Dhabi Commercial Bank Limited ADCB AE AA
2 Australia & New Zealand Banking Group Limited ANZB AU 3M
3 Bank of America NA SOFA US 3N
4 Bank of Bahrain and Kuwait B.S.C. BBKU BH BM
5 Bank of Ceylon BCEY LK LX
6 Barclays Bank PLC BARC GB 22
7 BNP Paribas BNPA FR PP
8 Citibank N.A. CITI US 33
9 Commonwealth Bank of Australia CTBAAU 2S
10 Credit Agricole Corporate & Investment Bank BSUI FR PP
11 Credit Suisse AG CRES CH ZZ
12 DBS Bank Ltd. DBSS SG SG
13 Deutsche Bank AG DEUT DE FF
14 Doha Bank DOHB QA QA
15 FirstRand Bank Ltd. FIRN ZA JJ
16 Industrial Bank of Korea IBKO KR SE
17 Industrial & Commercial Bank of China Limited ICBK CN BJ
18 JP Morgan Chase Bank CHAS US 33
19 KEB Hana Bank KOEX KR SE
20 Krung Thai Bank Public Company Ltd. KRTH TH BK
21 Mashreqbank PSC BOMLAEAD
22 Mizuho Bank Ltd. MHCBJPJT
23 National Australia Bank Ltd. NATA AU 33
24 Sberbank SABR RU MM
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25 Shinhan Bank SHBK KR SE

26 Societe Generale SOGE FR PP
27 Sonali Bank Ltd. BSON BD DH
28 Standard Chartered Bank SCBL GB 2L
29 Sumitomo Mitsui Banking Corporation SMBC JP JT
30 The Bank of Nova Scotia NOSCCA IT
31 The Bank of Tokyo-Mitsubishi UFJ, Ltd. BOTKJPJT
32 The Hongkong and Shanghai Banking Corp.Ltd. HSBC HK HH
33 The Royal Bank of Scotland PLC RBOS GB 2L
34 United Overseas Bank Ltd. UOVB SG SG
35 Westpac Banking Corporation WPACAU 2F
Note: 36 Woori Bank HVBK KR SE The
Contractor shall ensure adherence to the following point also while submitting any Bank Guarantee to
Nalco :
Further, any domestic Guarantee issued by PSU Bank (or) Private Bank (or) Foreign Bank operating
in India must be operational and invocable in Bhubaneswar only. For Guarantee to be operational in
Bhubaneswar, the issuing Bank must designate a specified Bank Branch in Bhubaneswar.
Accordingly, the following clause has to be inserted in the existing BG Format for EMD / SD / Contract
/ Advance Payment in the following style :
State Bank of India.”
……………………………………………………………………………………………………………………
CONTRACT
ANNEXURE II
Format for declaration
On the letter head of Vender / seller / Contractor
To
National Aluminium Company Limited,
Unit Address :
<>
<>
Sub: Declaration / information for deduction of tax at source u/s 194Q of Income Tax Act, 1961
NALCO Vendor Code or Purchase/Service Order No : < >

Dear Sir,
This is with reference to NALCO’s communication dated 19.06.2021, requiring our declaration / information in
regard to deduction of tax at source u/s 194Q of the Act. The information is being provided hereunder:
1. Since your company is liable to deduct tax u/s 194Q of the Act, you may deduct the tax in terms of
Section 194Q on the consideration paid /credited by your company to us on the amounts aggregate of
which is exceeding Rs.50 lacs during the current financial year. We also confirm that we will not take
any action to collect tax at source under section 206C(1H) of the Act w.e.f. 01.07.2021.
2. Permanent Account Number of our company is ________. Further, we have duly filed our returns of
income for Assessment Years 2019-20 and 2020-21 is confirmed as under:
A.Y. [F.Y.] Date of Filing return Acknowledgement No.
2019-20 [FY 2018-19]
2020-21 [FY 2019-20]
3. The total amount/aggregate of tax deducted at source and tax collected at source (TDS/TCS) in previous
years relevant to Assessment Years 2019-20 and 2020-21 is confirmed as under :
(Mention Yes or No)

Total TDS/TCS
A.Y. [F.Y.] Amount is Rs50,000 Total TDS/TCS Amount is less than
or more Rs50,000
2019-20 [2018-19]
2020-21 [2019-20]
Please take note of the above information and confirmation and collect tax at the appropriate rate taking
cognizance of above information.
I hereby declare that I am duly authorised, on behalf of < Name of Company/Firm > to give this declaration
and the information stated above is true to the best of my knowledge and records available with us. If there is
any wrong declaration, I undertake to indemnify National Aluminium Company Limited, for any interest and/or
any penal consequences.
Name :
Designation :
Date of declaration :
For < Name of Company/Firm >

ANNEXURE - IV
TENDER DOCUMENTS
COMMERCIAL (INDIGENOUS)
NATIONAL ALUMINIUM COMPANY LIMITED

(A GOVT. OF INDIA ENTERPRISE)
REGISTERED OFFICE: NALCO BHAVAN,
P/1, NAYAPALLI,
BHUBANESWAR - 751 013
CONTENTS
INSTRUCTIONS TO BIDDERS
Sl. No. Page No.
1.0 GENERAL INSTRUCTIONS 3

2.0 SCOPE OF THE PROPOSAL 4
3.0 TIME SCHEDULE 4
4.0 BRAND NAMES 4
5.0 SUBMISSION OF BIDS 5
6.0 LANGUAGE OF THE BIDS 6
7.0 SIGNATURE OF BIDS 6
8.0 INFORMATION REQUIRED WITH THE BID 6
9.0 UNDERSTANDING AND CLARIFICATIONS ON 7
DOCUMENTS AND SPECIFICATIONS
10.0 LOCAL CONDITIONS 7
11.0 PRICE SCOPE 7
12.0 ESCALATION AND CURRENCY CHARGES 8
13.0 CUSTOMS DUTIES AND TAXES 9
14.0 EFFECT AND VALIDITY OF BID 9
15.0 AWARD OF CONTRACT 10
16.0 IMPORT OF EQUIPMENT REQUIRED FOR ERECTION, 10
TESTING AND COMMISSIONING
17.0 CONTRACT PERFORMANCE GUARANTEE 10
18.0 MAINTENANCE TOOLS & TACKLES 10
19.0 DEVIATION TO BID DOCUMENT 11
20.0 CHECK LIST 11
2
1.0 GENERAL INSTRUCTIONS
1.1 The National Aluminium Company Limited, Bhubaneswar hereinafter called `NALCO/OWNER’ will
receive bids in respect of the work, items and equipment to be furnished and erected as set forth in
the accompanying documents. All bids shall be prepared and submitted in accordance with the se
instructions.
1.2 Bids submitted after the time and date fixed for receipt of bids as set out in the Invitation to Bid are
liable to be rejected.
1.3 The terms “Works” referred herein shall cover the entire scope of the proposal which includes
supply and erection of items, equipments, labor and services including the successful completion
of Performance and Guarantee Tests.
1.4 The intention of the buyer is to have this contract executed as divisible contract. It may be clearly
understood by the tender that the Contract for supply, erection and commissioning under this
tender are independent and separate and NALCO reserves the right to award separate contract for
supply and for erection and commissioning to separate tenderers. In the event the contract is
awarded to a single agency for supply and also for erection and commissioning. It may be clearly
understood that the contract has to be executed as a divisible contract even in such a case.
1.5 NALCO prefers to have maximum indigenous content in the supplies and services covered in the
scope of this tender. However, it must be noted that in case the technology/supplies are to come
from imported sources, the foreign bidder may have a tie up arrangements with the Indian sub
contractor for the activities/supplies to be made from India. However, it must be understood that
the unit responsibility for the performance of the contract including supplies from foreign and Indian
sources shall be that of the foreign bidder or the bidder who supplies basic design and technology.
1.6 The break up of the complete scope envisaged in this enquiry is attached at Annexure-I. All bidders
are requested to indicate positively the division of work (a) to be directly undertaken by the Bidder,
(b) envisaged to be undertaken by Bidder’s Indian sub-contractor with Bidder’s unit responsibility,
and (c) to be excluded from Bidder’s scope of responsibility.
1.7 Bids either from foreign or Indian Bidders shall be made on the basis of Indigenization of scope to
the maximum extent possible subject to quality, performance and timely Delivery.
1.8 Foreign Bidders may indicate whether the supply and services under scope of this contract are
eligible for any export financing / Govt. Assistance. If so, terms and conditions indic ating interest,
fees, installments, repayment period of deferred payments etc. shall be clarify spelt out.
1.9 Bidders should clearly give the complete list of goods with item wised FOB and C&F prices for
imported items indicating the currencies and country of origin.
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2.0 SCOPE OF THE PROPOSAL
2.1 The scope of the proposal shall be on the basis of a single bidder’s responsibility, completely
covering all the equipments, materials & services specified under the accompanying documents. It
will include the following:
a) Complete system design and layout.
b) Detailed design of the equipment.
c) Complete manufacture including shop testing.
d) Providing engineering drawings, data, and operation manuals to the Owner.
e) Packing, forwarding and transportation/shipment from manufacturer’s works to the Project

Site.
f) Receipt, storage, preservation and conservation of all equipments and materials at site.
g) Pre-assembly, if any, erection, testing and commissioning of the complete works.
h) Reliability tests and performance and guarantee tests on completion of commissioning.
i) Furnishing of spares.
2.2 Bids not covering complete scope are liable for rejection.
2.3 In principle, the party who is responsible for the process technology and, hence, the total system
guarantee, shall undertake total responsibility for successful execution of the job/contract.
In case of a joint bid, the division of work between the foreign bidder and Indian bidder shall be
indicated specially indicating the bidder who will assume complete responsibility.
3.0 TIME SCHEDULE
3.1 One of the main considerations for award of the Contract shall be demonstrated capability of the
bidder to maintain the time schedule for performing the specified works at all stages of activities.
Bidder who have not executed in time similar job in the past may not be considered.
4.0 BRAND NAMES
The specific reference in these specifications and documents to any material by trade name, make
or catalogue number shall be construed to as establishing standards of quality and performance
and not as limiting condition. However, bidders may offer other similar materials and equipments
provided they meet the specified standards, design and performance requirements.
4
5.1 All bids shall be prepared by typing or printing with indelible ink and submitted separately in two
parts:
Part - I: Original 1 + 4 sets of UNPRICED BID containing full technical drawings, data sheets,
catalogues/literatures, etc. and commercial details including price schedules, BUT WITHOUT
PRICE FIGURES.
Part - II : 3 (Three) sets of PIRCED BID containing full details as above and including PRICE
FIGURES.
EXCEPT FOR THE PRICE FIGURES PART - I AND PART - II SHALL BE IDENTICAL.
5.2 Bids shall be addressed and sent to:
General Manager (Materials),

National Aluminium Company Ltd.,
NALCO BHAVAN,
P/1,
Nayapalli,
Bhubaneswar - 751 013
5.3 Envelopes containing Part - I and Part - II of Bids shall be separately SUPERSCRIBED with:
PROJECT NAME :
MR NO. :
DUE DATE :
PIRCED BID/UNPRICED BID : (whichever is applicable)
5.4 Foreign bidder may submit bids either directly or in association with their Indian Collaborator, if
any. In case no Indian Collaborator is envisaged, Foreign bidders should indicate in their bids the
indigenous supplies/services they intend to provide. However, the total responsibility to comply with
contractual obligations shall read on the Foreign bidder. Foreign bidders should avoid sending the
bids through their Indian agents. Where appointment of Indian agents of foreign bidders is
unavoidable, the circumstances for this must be clearly explained and the commission/charges
payable in India Rupees to such agents shall be specified in the bids. Such agents shall comply
with all rules, regulations, procedures, etc. prescribed by the Govt. of India.
5.5 Indian bidders shall clearly indicate in the bids participation of their Foreign Collaborator, if any. In
such case, the total responsibility to comply with all contractual obligations, including provision of
back to back guarantee from Foreign collaborator, shall rest with Indian Bidder.
5
6.0 LANGUAGE OF THE BIDS
All information in the bids shall be in English. Information in any other language shall be
accompanied by its translation in English. Failure to comply with this may disqualify a bid. In the
event of any discrepancy in meaning, the English language copy of all documents shall govern.
7.0 SIGNATURE OF BID
7.1 The bid must contain the name, residence and place of business of the person or persons making
the bid and must be signed and sealed by the bidder with his usual signature. The names of all
persons signing should also be typed or printed below the signature.
7.2 Bid by a partnership firm must be furnished with full names of all partners and be signed with the
partnership name, followed by the signature(s) and designation(s) of the authorized partner(s) or
other authorized representative(s)
7.3 Bids by Corporation/Company must be signed with the legal name of the Corporation/Company by
the President/Managing Director or by the Secretary or other person or persons authorized to bid
on behalf of such Corporation/Company in the matter.
7.4 A bid by a person who affixes to his signature the word `President’, `Managing Director’,
`Secretary’, Àgent’, or other designation without disclosing his principal will be rejected.
7.5 Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished
with the Bid.
7.6 The Bidder’s name stated on the proposal shall be the exact legal name of the firm.
7.7 Erasers or other changes in the bid documents shall be over the initials of the persons signing the
bid.
8.0 INFORMATION REQUIRED WITH THE BIDS
8.1 The bids must clearly indicate the name of the manufacturer, the type or model of each principal
item of equipment proposed to be furnished and erected. The bid should also contain drawings and
descriptive materials indicating general Dimensions, material from which the parts are
manufactured, principles of operation, the extent of pre-assembly involved, major construction
equipment proposed to be deployed, method of erection and the proposed erection organizational
structure.
8.2 The above information shall be provided by the Bidder in the form of separate sheets, drawing,
catalogues etc., in all copies of the bid.
8.3 Any bid not containing sufficient descriptive material to describe accurately the equipment
proposed may be treated as incomplete and hence rejected. Such descriptive materials and
drawings submitted by the Bidder will be retained by the Owner. Any major departure from these
6
drawings and descriptive materials submitted will not be permitted during the execution of the
Contract without specific written permission of the Owner.
8.4 Oral statements made by the Bidder at any time regarding quality, quantity or arrangement of the
equipment or any other matter will not be considered.
8.5 Standard catalogue pages and other documents of the Bidder may be used in the bid to provide
additional information and data as deemed necessary by the Bidder.
9.0 UNDERSTANDING AND CLARIFICATION ON DOCUMENTS & SPECIFICATIONS
9.1 The Bidder is required to carefully examine the specifications and documents and fully inform
himself as to the conditions and matters which may in any way affect the works or the cost thereof.
If any Bidder finds discrepancies or omissions in the specifications and documents or is in doubt as
to the true meaning of any part, he shall at once request in writing for an interpretation/clarification
to the Owner, in triplicate. The Owner, then will issue interpretations and clarifications as he may
think fit in writing. After receipt of such interpretations and clarifications, the Bidder may submit his
bid but within the time and date as specified in the Invitation to Bid. All such interpretations and
clarifications shall form a part of the specifications and documents, and accompany the Bidder’s
proposal.
9.2 Verbal clarifications and information given by the Owner or his employee(s) or his representative(s)
shall not in any way be binding on the Owner.
10.0 LOCAL CONDITIONS
10.1 It will be imperative on each Bidder to fully inform himself of all local conditions and factors which
may have any effect on the execution of the Works covered under these documents and
specifications. In their own interest, the Foreign Bidders are requested to familiarize themselves
with the Income Tax Act, 1961, the Companies Act, 1956, Customs Act, 1962, Orissa Sales Tax
Act and other related acts and laws prevalent in India. The Owner shall not entertain any request
for clarifications from the Bidders regarding such local conditions.
10.2 It must be understood and agreed that such factors have properly been investigated and
considered while submitting the bids. No claim for financial adjustment to the Contract awarded
under these specifications and documents will be entertained by Owner. Neither any change in the
time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by
the Owner which are based on the lack of such clear information or its effect on the cost of the
Works to the Bids.
11.0 PRICE SCOPE
11.1 The bidders shall quote in their proposal prices for the entire scope of work on divisible contract
basis and indicate the following break up schedule:
a) Design and Engineering charges for the complete works, including Civil works, including
Indian income tax if any.
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b) Unit price on FOB shipment basis, Ocean Freight and Insurance, quantity & total C&F
value separately for each IMPORTED equipment and materials included in the quoted
scope.
c) Unit price on FOR/FOT site delivery basis including packing, forwarding, transportation,
sales tax, excise duties, etc. separately for each INDIAN equipment and material included
in the quoted scope.
d) Lump sum charges towards port and customs clearance at Indian port of entry, handling,
forwarding, inland transportation and transit insurance for all the IMPORTED equipments,
materials and spares.
e) Lump sum charges towards clearance and handling, transportation, storage, preservation
and conservation of all equipments, materials and spares at project site.
f) Lump sum charges towards pre-assembly, if any, erection testing and commissioning of
the complete system. foreign supervision charges are to be separately shown.
g) LIST OF GUARANTEED SPARES for two years normal operation indicating parts name,
catalogue no., quantity and unit prices on project site delivery basis. If any shortfall is
noticed during 2 years from date of commissioning, the same shall be supplied free of cost
by the bidder.
h) List of components with item wised Unit Rate for all individual equipments and materials to
enable price ADJUSTMENT, if required during detailed engineering and execution of the
work.
12.0 ESCALATION AND CURRENCY CHANGES
12.1 The price quoted for the entire scope of work shall remain firm and fixed till complete execution of
the work.
12.2 In case any item, quoted as of Indian origin in the bid, but is subsequently transferred to the
imported category, the total cost (including custom duty, etc) on project site delivery basis for such
item will be payable by Owner at actual but maximum limited to the value quoted originally for that
of Indian origin.
12.3 In case any item, quoted as imported in the bid, but in subsequently transferred to the Indian
Category, the total cost on Project site delivery basis for such item will be payable by Owner at
actuals but maximum limited to the CIF value quoted originally for that of Imported origin.
12.4 Foreign Bidder shall indicate bid prices only in US Dollar and only in Indian Rupees for that
component of his price which the bidder expects to spend in India.
Indian Bidder shall indicate bid prices in Indian Rupees only separately for imported and Indian
components.
8
12.5 The Payment shall be paid in the currency or currencies in which the prices have been stated by
the successful bidder.
13.0 CUSTOMS DUTIES AND TAXES
13.1 Foreign Bidders shall have the option, if they would like that the Customs duties or levies levied on
the imported equipments by the Government of India or any State Governments be paid by the
Owner directly to the Government of India or concerned State Government. In the event the
Contractor is required by law to pay such levies in India, the same shall be reimbursed by the
Owner to the Contractor i.e. the bidder awarded the Contract, in Indian Rupees upon presentation
of Documentary evidence and subject to Owner’s satisfaction that the bidder has taken sufficient
action to reduce the tax liability to the maximum and within the legal provision. Bids must be
specific on this point.
13.2 In case of domestic bids, all such custom duties and levies payable on components, sub-
assemblies and raw materials by the local Bidders shall be included in their prices and no claim on
this behalf will be entertained by the Owner.
13.3 The Contractor shall include all taxes, duties, royalty of whatever nature, octroi, other local taxes
etc. if any, in the quoted price.
Sales tax or any other tax on material required for the work or also tax on works contract shall be
payable by the Contractor and Owner will not entertain any claim whatsoever. Notwithstanding
anything contain elsewhere in the contract the Owner shall deduct at source from the payment due
to the Contractor the taxes as required under 13A (A) of Orissa Sales Tax Act or amended from
time to time or under any other statute. The amount so deducted shall be paid by the Owner to the
Sales Tax authority as per law. This is for the Contractor to deal with the Sales Tax authority
directly in respect of any claim or refund relating to the above tax and Owner shall not be liable or
responsible for any type of payment for reimbursement in this regard.
All benefits of taxes, duties by way of credit under CENVAT shall be passed on to the
Owner/Purchaser.
13.4 As regards the INCOME TAX, surcharge on Income Tax and other corporate taxes, the bidder
shall be responsible for such payment to the authorities concerned.
Bidder may note that if any tax is deductible at source as per Indian Income Tax Law, the same will
be so deducted before releasing any payment to the bidder. Accordingly, bidder shall have the
responsibility to check and include such provisions of taxes in their prices and shall clearly spell out
inclusions of taxes, if any, in their quoted prices.
14.0 EFFECT AND VALIDITY OF BID
14.1 The submission of any bid connected with these documents and specifications shall constitute an
agreement that the Bidder shall have no cause for action or claim, against the Owner for rejection
of his bid. The Owner shall always be at liberty to reject or accept any bid or bids at his sole
discretion and any such action will not be called into question and the Bidder shall have no claim in
that regard against the Owner.
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14.2 The bid should be kept valid for acceptance for a period 4 (four) months from the bid due date.
15.0 AWARD OF CONTRACT
15.1 Notification of Award of Contract will be made in writing to the successful Bidder by the Owner
initially in the form of Letter/Telex of Intent which will be formalized by a Contract to be signed by
both Owner and Bidder. All contractual obligations including delivery shall commence from the date
of letter/Telex of Intent.
15.2 Owner reserves the rig ht to award one or more separate contracts in line with the terms and
conditions specified in the accompanying technical specifications.
16.0 IMPORT OF EQUIPMENT REQUIRED FOR ERECTION, TESTING AND COMMISSIONING
Indian Customs Act, 1962 permits import of erection equipment required by foreign contractor to
perform his work in India under the Contract. The bidders may study these provisions and submit
their quotation taking into account such facilities provided by the Government.
17.0 CONTRACT PERFORMANCE GUARANTEE
17.1 As a Contract security, the successful Bidder, to whom the work is awarded, shall be required to
furnish Performance Bank Guarantee in the Proforma attached herewith in favor of the Owner
within 30 days from the date of Letter/Telex of Intent. Failure to submit the performance bank
guarantee within the above time shall be treated as breach of contract and shall entitle the Owner
to place the order on others at the risk and cost of successful bidder, in addition to forfeiture of
Earnest money deposit. The guarantee amount shall be equal to ten percent (10%) of the total
Contract Price and it shall guarantee the faithful performance of the contract in accordance with the
terms and conditions specified in the documents and specifications. The guarantee shall be valid
for the entire period of the Contract, namely till the end of Guarantee period. The guarantee
amount shall be payable without demur on demand to the Owner either in US Dollars in the case of
foreign bidders and in Rupees, in the case of Indian Bidders without any condition whatsoever. In
the case of Joint bidding by foreign party along with Indian party, the performance bank guarantee
shall be submitted by the Party having unit responsibility from an Indian Nationalized Bank.
17.2 If the Bank Guarantee stated in clause 17.1 above gets reduced/ deducted for reasons of non
fulfillment of any contractual obligation before commencement of guarantee period, the Contractor
shall immediately take action to increase the value of Bank Guarantee to ten percent (10%) of the
contract price, to cover his warranties as stated in 17.0.
17.3 The Performance Guarantee will be returned to the Contractor without any interest at the end of
the warranty period subject to fulfillment of all contractual obligations by the Contractor.
18.0 MAINTENANCE TOOLS AND TACKLES
The bid shall include all special tools and tackles required for the operation and maintenance of the
equipment in each equipment package. The Bidders shall indicate all the above items in the
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proposal sheets in the form of a schedule giving therein the description and the quantity of each
item.
The lump-sum price to be quoted by the Bidder shall include the price for these tools and tackles.
19.0 DEVIATION TO BID DOCUMENT
The bidders are requested to carefully study all the contract documents like invitation to bid,
instructions to bidders, general terms and conditions of the contract and all other documents and
they shall prepare a deviation statement, if any, clearly indicating the deviations sought for by the
bidder.
Any deviation not mentioned in the statement and mentioned anywhere else in the bid will not be
considered and if such items are not clearly explained in the deviation statement, it will mean that
the contractor has agreed to all other terms and conditions mentioned in the above bid documents.
20.0 CHECK LIST
The Bidders are requested to duly fill in the check lists enclosed as Annexure-I and II. This check
list gives only certain important items to make sure that the necessary data/information is provided
by him in his bid. This, however, does not relieve the Bidder of this responsibility to make sure that
his bid is otherwise complete in all respects.
21.0 The Bidders are requested to submit a list of buyers to whom the same or similar type of
equipment have been supplied by them and which are under operation. The detailed addresses of
such Buyers’ office/works including Telephone, Telex, Fax Nos. and contact persons and order
reference are to be mentioned.
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CONTENTS
GENERAL CONDITIONS OF CONTRACT
Sl. No. Page No.
1.00 APPLICATION 14
2.00 DEFINITION OF TERMS 14
3.00 CONTRACTOR TO INFORM HIMSELF FULLY 16
4.00 SCOPE OF WORK 17
5.00 DESIGN REQUIREMENTS 18
6.00 CONTRACT PRICE 20
7.00 TAXES 20
8.00 PERFORMANCE BOND 20
9.00 PROTECTIVE PAINTING, PACKING & MARKING 21
10.00 SHIPMENT PARTICULARS 21
11.00 INSURANCE 23
12.00 DELIVERY 24
13.00 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION 24
14.00 IMPORT LICENSE AND FOREIGN EXCHANGE 24
15.00 CONTRACTOR’S DOCUMENTS, DRAWINGS AND 25
INSTRUCTION MANUALS
16.00 MISTAKES IN DRAWINGS 27
17.00 MATERIALS AND WORKMANSHIP 27
18.00 SPARE PARTS AND SPECIAL MAINTENANCE TOOLS 28
19.00 COMPLETENESS OF EQUIPMENT 28
20.00 INSPECTION AND TESTING AT CONTRACTOR’S PREMISES 28
21.00 TESTS ON COMPLETION AND TRIAL RUN AT SITE 30
22.00 TAKING OVER 31
23.00 REJECTION OF DEFECTIVE PLANT 31
24.00 COMPLETION CERTIFICATE & FINAL CERTIFICATE 32
25.00 ENGINEER’S DECISION 34
26.00 CERTIFICATE NOT TO AFFECT THE RIGHTS OF THE 34
PURCHASER OR THE CONTRACTOR
27.00 MINTENANCE AND GUARANTEE - WARRANTY PERIOD 34
28.00 NEGLIGENCE 36
29.00 POWER TO VARY OR OMIT WORK 37
30.00 SETTLEMENT OF DISPUTE 37
31.00 TERMINATION OF CONTRACT 38
32.00 DEDUCTION FROM CONTRACT PRICE 38
33.00 CO-OPERATION WITH OTHER CONTRACTORS AND 38
CONSULTING ENGINEERS
34.00 ASSIGNMENT OF CONTRACT 39
35.00 SUBLETTING OF CONTRACT 39
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Sl. No. Page No.
36.00 SUSPENSION OF WORK 39

37.00 FORCE MAJEURE 40
38.00 PROGRESS REPORT AND PHOTOGRAPHS 40
39.00 PATENT RIGHTS 40
40.00 TRAINING OF ENGINEERS 41
41.00 EFFECT AND JURISDICTION OF CONTRACT 41
42.00 TIME IS THE ESSENCE OF CONTRACT 41
43.00 ERECTION SUPERVISION SERVICES 42
44.00 ERECTION PLANT AND MATERIALS 43
45.00 FOREIGN PERSONNEL 57
46.00 DEATH, BANKRUPTCY ETC. 57
47.00 GRAFTS AND COMMISSION ETC. 58
48.00 COMPLETION OF CONTRACT 58
49.00 DEFENCE OF SUITS 58
50.00 ARBITRATION 58
51.00 CORRESPONDENCE 59
52.00 CONTRACT AGREEMENT 60
53.00 PAYMENTS 60
54.00 MISCELLANEOUS 62
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1.00 APPLICATION
Unless otherwise provided in the Contract Agreement, these General Conditions of Contract shall
govern the work of the annexed Specification.
2.00 DEFINITION OF TERMS
In construing these General Conditions and the annexed Specification, the following words shall
have the meanings herein assigned to them unless there is something in the subject or context in
consistent with such construction.
2.01 The “Owner/Purchaser” shall mean the “National Aluminium Company Limited” , a company
incorporated in India, whose Registered Office is situated at NALCO BHAVAN, P/1, Nayapalli,
Bhubaneswar - 751 061.
2.02 “The Contractor” shall mean person, firm or a company whose tender has been accepted by the
Purchaser and shall include his/its heirs, executors, administrators, representatives and permitted
assigns.
2.03 The term Sub-Contractor used herein refers to a party or parties having a direct contract with the
Contractor to whom any part of the contract has been sublet by the Contractor with the consent in
writing of the Owner and shall include his heirs, executors, administrators, representatives and
assigns.
2.04 The “Engineer” shall mean an officer of the owner/purchaser as may be duly appointed and
authorized in writing by the purchaser to act as the Engineer on its behalf for the purpose of the
contract.
2.05 The Èngineer’s Representative’ shall be the person nominated by the Engineer in writing to act on
his behalf.
2.06 The term `Consultants/Consulting Engineer’ refers to consultant(s) nominated by the Engineer in
writing for the contract and referred to throughout in the Contract Documents by `Consulting
Engineer’ or `Consultant’.
2.07 “The Inspector” shall mean any firm or person including any employee of the owner/purchaser as
may be duly appointed and authorized in writing by the owner/purchaser to inspect plant,
equipment and works included by the Contractor.
2.08 `Plant’, ‘Equipment’, ‘Works’ shall mean and include plant, stores and materials to be provided and
work to be done by the Contractor.
2.09 ‘Contract’ means the Notice Inviting Tenders, Conditions of Tendering, and Tender Form, General
Conditions of Contract, Supplementary Conditions of Contract, Technical Specifications, price
Schedule of Prices & Quantities, Letter of Intent of Purchaser, Drawings, Subsequent amendments
mutually agreed upon, and agreement to be entered under clause “Contract Agreement” of this
General Condition.
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2.10 The `Specification’ shall mean the Specification annexed to these General Conditions and any
subsequent modifications thereof and the drawings and Schedules attached thereto (if any).
2.11 `Site’ means the lands and other places on, under, in or through which the Works are to be
executed or carried out and any other lands or places provided by the Owner for the purpose of the
Contract.
2.12 `Tests on Completion’ shall mean such tests as are prescribed by the Specification and/or tests
mutually agreed upon by the Purchaser and the Contractor to be made by the Contractor after
erection of the equipment to prove satisfactory operation as required by the Specification.
2.13 `Commissioning’ shall mean the first successful operation of the plant and equipment after all initial
adjustments, trials, cleaning and reassembly required at site, if any, have been completed.
2.14 Àcceptance Tests’ shall mean such tests as are required to prove the performance guarantees of
the plant given by the Contractor, before taking over of the plant by the Purchaser.
2.15 ‘Initial Operation’, `Reliability Run’ or ‘Trial Operation’ shall mean continuous operation of the
contract plant and materials under varying loads to furnish proof of satisfactory operation for a
specified period which shall not be less than two (2) weeks.
2.16 ‘Commercial Use’ shall mean that use of the equipment which the Contract contemplates or of
which it is to be commercially capable.
2.17 ‘Warranty Period’ shall mean the period of guarantee as explained under clause `Maintenance and
Guarantee’ of these General Conditions.
2.18 ‘Codes’ shall mean the applicable codes of State or Orissa as on the date of Letter of Intent and
any subsequent modification thereof before the plant has been delivered.
2.19 ‘Month’ shall mean calendar month.
2.20 ‘Notice of Award of Contract’ / ‘Letter of Intent’/ ‘Award Letter shall mean the Purchaser’s letter /
Telex conveying his acceptance of the Tender subject to such reservations as may have been
stated therein.
2.21 ‘Erection Supervision’ shall mean the supervision services rendered or exercised by the Contractor
during the erection of the plant as explained under clause Èrection Supervision Services’ of these
General Conditions.
2.22 `Writing’ shall include any manuscript, typewritten or printed statement under or over signature or
seal as the case may be.
2.23 ‘Approved’, ‘Subject to Approval’, ‘Satisfactory’, ‘Equal to’ ‘Proper’, ‘As directed’, ‘Where directed’,
‘When directed’ ‘Determined by’, ‘Accepted’, `Permitted’, ‘To approval’, or words phrases of like
import are used, the approval, judgment, direction, etc. is understood to be a function of Consulting
Engineer or Purchaser.
15
2.24 Words importing `Persons’ shall include firms, companies, corporations and other bodies whether
incorporated or not.
2.25 Words importing the singular only shall also include the plural and vice versa where the context
requires.
2.26 ‘F.O.B.’ shall mean delivery free of expenses to the Purchaser on board the vessel at the port of
shipment.
2.27 ‘F.O.R. Destination’ shall mean delivery free of expenses to the purchaser on rail wagons at
destination Railway Station/Siding as may be named.
2.28 ‘F.O.R. Works’ shall mean loaded and stowed or trimmed, free of expenses to the Purchaser on
board rail wagons at the Contractor’s siding or at the nearest Railway Station for transportation.
2.29 ‘Tonne’ shall mean 1000 kilogram weight, `Gallons’ shall mean imperial gallons unless mentioned
specifically.
2.30 `Manufacturers’ works’ or `Contractor’s works’ shall mean the place of work used by the
manufacturer, their collaborators or approved sub-contractors for the performance of the works.
2.31 Construction of Contract
Terms and conditions not herein defined shall have the same meanings as are assigned to them in
the Indian Sale of Goods Act (Act III of 1930) falling that in the Indian Contract Act (Act IX of 1872)
and falling that in the General Clause Act 1897.
3.00 CONTRACTOR TO INFORM HIMSELF FULLY
The Contractor shall be deemed to have carefully examined the General Conditions, Specification,
Schedules and Drawings and also to have satisfied himself as to the nature and character of the
work to be executed and, where necessary, of the site conditions and other relevant matters and
details. Any information thus had or otherwise obtained from the Purchaser, Consulting Engineer or
the inspector shall not in any way relieve the Contractor from his responsibility for supplying the
plant and equipment and executing the work in terms of the specification including all detail and
incidental works and supply of the all accessories or apparatus which may not have been
specifically mentioned in the specification or drawings, but otherwise necessary for ensuring
complete erection and safe and efficient commercial working of the plant and equipment. If he shall
have any doubt as to the meaning of any portion of these General Conditions and/or specification,
he shall set forth the particulars thereof and submit them to the Engineer in writing for clarification.
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4.0 SCOPE OF WORK
4.01 For Manufacture, Supply & Delivery of Plant & Materials
The Contractor shall design, manufacture and deliver suitably packed the plant, equipment and
materials as described in the attached specification F.O.R. Works/F.O.R. Destination and, if of
foreign origin, F.O.B. port of shipment, as the case may be.
The Contractor shall sell and deliver the said plant, equipment and materials to the Purchaser and
Purchaser shall accept the delivery of and pay for at the price agreed upon between the Purchaser
and the Contractor and upon fulfillment of the terms and conditions hereinafter specified or
subsequent agreed modification thereof.
The Contractor shall inform the Purchaser if the plant, equipment and materials or any part thereof
to be supplied under the scope of work shall be of origin and/or manufactured outside the Union of
India in which case the Contractor shall give a certificate to this effect in the form required by the
Purchaser. This certificate shall be called the `Certificate of Origin’. The foreign currency
component for importing of plant and materials manufactured outside of India shall be specified
and the estimated total C.I.F. value shall also be stated. It is clearly understood that the owner shall
not give any of its import licenses for importation of these items.
The Contractor shall also supply the spare parts and special tools at the quoted price and in
quantities mentioned in clause `Spare Parts and Maintenance Tools’ or subsequent modifications
thereof.
The Contractor shall undertake that supply of necessary spare parts and special tools will be made
available at any time later during the life of the plant. The price of the imported spare parts shall not
be in excess of the landed cost plus a reasonable percentage towards handling charges. The price
for indigenous spare parts shall be at fair market price.
The Contractor shall also undertake that before going out of production of any of the spare parts,
he shall give adequate advance notice to the Purchaser so that sufficient quantity of spare parts
might be procured if the Purchaser so desires. Further, the Contractor shall supply the necessary
drawings and specifications of these spare parts which the Contractor proposes to take off his
production range to enable the Purchaser to arrange manufacture of the spa re parts by other
agency.
4.02 For Erection Supervision Services
The Contractor has to supply erection supervision personnel to supervise the work of erection of
the plant and equipment to be conducted even by other agencies including owner. Classification
and number of personnel required shall be mutually agreed to. The services would be generally as
specified in Clause Èrection Supervision Services’ hereinafter at Clause No. 43.00
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4.03 For Erection of Plant & Materials
The Contractor shall render complete erection services of the plant and materials supplied under
the Contract if so required by the Purchaser. The services to be rendered shall be as generally
described in clause Èrection of Plant and Materials’ hereinafter.
5.00 DESIGN REQUIREMENTS
5.01 All equipment and materials shall be designed and manufactured in conformance with standards
stated hereinafter.
5.02 Wind Load
Structures and outdoor equipment shall be designed to withstand a wind load as set forth in the
latest revision of Indian Standards IS: 875 of the Indian Standards Institution.
5.03 Earthquake
In general IS: 1893 shall be followed. Specific conditions/technical specification shall be referred
for specific design criteria.
5.04 Safety Features
The Contractor shall provide adequate guards for all couplings and other moving parts which could
be considered a hazard. Safety, sentinel and relief valves are to be located or piped in such a
manner as to safeguard personnel and property. All safety devices shall be in accordance with the
applicable Government regulations and requirements.
5.05 Language & Measurement System
All documents pertaining to the contract including specifications, schedules, notices,

correspondence, operating and maintenance instructions, drawings or any other writing shall be in
English language.
All instruments, recorders, etc. will be calibrated in the metric (C.G.S./ M.K.S.) system of units.
Details of calibration will be provided later.
In drawings or specifications wherever both Metric and British units are indicated, the Contractor
shall indicate the equipment dimensions on both the units. Location marking of all equipment shall
be in Metric Units.
5.06 Accessibility
Special attention shall be given to the design, arrangement and assembly of all equipments to
ensure ease of maintenance and renewal of parts.
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5.07 Standard Equipment & Materials and Alternates
a) Equipment, material and erection and other services shall be completed in all respects and
in strict accordance with the specifications, except that alternative proposals may be
submitted where stipulated provisions depart from the Contractor’s Standards, provided
that the substitutions are approved as equivalent by the Engineer and the reasons
therefore are stated by the Contractor in his proposal as a result of such substitution.
b) Any request for substitution after the contract is awarded, shall be accompanied with the
difference in price and such substitution can only be made on approval by the Engineer on
behalf of the Purchaser in writing, provided that such substitution does not cause any
addition to the contract price.
5.08 a) All work shall be done in accordance with the applicable portions of the current editions of
the codes and standards of the respective U.S.A., U.K. National and Technical Societies or
equal or with the standards and codes of the Government of India, and in accordance with
the applicable portions of the following codes and standards in particular:
Indian Boiler Regulations
Indian Electricity Act
Indian Electricity Rules
Indian Factories Act
Indian Explosives Act
Indian Standard Institution (IS)
British Standard Institution (BS)
American Society of Mechanical Engineers (ASME)
Institute of Electrical & Electronics Engineers Inc. (IEEE)
American Petroleum Institute (API)
American Society of Testing Materials (ASTM)
Hydraulic Institute
National Electrical Manufacturer’s Association (NEMA)
American Water Works Association (AWWA)
American Standards Association (ASA)
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American Institute of Steel Constructions (AISC)
National Board of Fire Underwriters
Insulated Power Cable Engineers Association (IPCEA)
All the work must be in accordance with the above mentioned codes or equivalent.
b) Where conflicts occur between any of the laws, rules, regulations, standards, and so forth,
specified herein, the more stringent requirements shall govern the work.
6.00 CONTRACT PRICE
The lump sum prices quoted by the Contractor in his bid with additions and deletions as may be
agreed before signing of the Contract, for the entire scope of the work viz. supply and erection of
equipments covered under the specification and documents shall be treated as the Contract Price.
7.0 TAXES
7.01 The Contractor shall include all taxes, duties, royalty of whatever nature, octroi, other local taxes,
etc., if any, in the quoted price.
7.02 Sales tax or any other tax on material required for the work as also tax on works contract shall be
payable by the Contractor and Owner will not entertain any claim whatsoever.
7.03 Notwithstanding anything contain elsewhere in the contract the Owner shall deduct at source from
the payment due to the contractor the taxes as required under 13(A) of Orisaa Sales Tax Act or
amended from time to time or under any other statute. The amount so deducted shall be paid by
the Owner to the Sales Tax authority as per law. This is for the Contractor to deal with the Sales
Tax authority directly in respect of any claim or refund relating to the above tax and Owner shall not
be liable or responsible for any type of payment or reimbursement in this regard.
7.04 All benefits of taxes duties by way of credit under CENVAT shall be passed on to the
Owner/Purchaser
8.0 CONTRACT - CUM - PERFORMANCE BOND
GUARANTEE FOR DUE EXECUTION OF THE CONTRACT AND PERFORMANCE DURING THE
GUARANTEE PERIOD
The Contractor within thirty (30) days of award of contract shall furnish a Bond by way of a bank
guarantee to be kept alive till 12 months after successful completion of contract in all respects and
equal to ten percent (10%) of the contract price for faithful and due fulfillment by the Contractor of
all obligations under the terms and conditions of the contract and for fulfilling the terms of
guarantee for a period of 12 months after successful completion.
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If during the contract period the bond amount gets reduced on account of any recoveries or
otherwise, the contractor shall furnish a bond covering short fall to bring it to 10% of the contract
value. The form of the aforesaid Bond is enclosed.
9.00 PROTECTIVE PAINTING, PACKING & MARKING
The Contractor and/or Manufacturer shall properly clean and/or send blast equipment and apply an
initial coat of rust inhibitor and a flat shop coat of paint (except shop finished equipment). All shop
primer and paints shall be subject to approval of the Engineer. All closely machined parts shall be
covered with an approved protective coating to prevent deterioration of surfaces during
transportation and storage.
The Contractor shall include and provide for securely protecting and packing the equipment so as
to avoid damage in transit under proper conditions and he shall be responsible for all losses or
damage caused or occasioned by any defect in packing.
All equipments shall be packed in accordance with approved packing specifications. All
equipments and parts susceptible to corrosion by exposure to moisture and all electrical
equipments shall be thoroughly protected against damage during transit and storage. The
Purchaser will take no responsibility for any damage done to the equipment enroute to the “site of
work”, or “place of delivery” whichever may be specified due to the packing being faulty. Special
packing with identification mark on packages should be provided for fragile materials. The
identification marking indicating the name and address of the consignee shall be clearly marked in
indelible ink on two opposite side and top of each of the packages. In addition, the Contractor shall
include in the marking gross and net weights, outer dimensions and cubic measurements.
Each bale or package shall be accompanied by a packing Note quoting specifically the name of the
Contractor, the number and date of contract, the name of the office placing the contract and
nomenclature of contents.
Dimensions of each package shall not exceed the maximum dimensions of packages which can be
accepted for transport over the `broad gauge system’ of the Railway concerned.
10.0 SHIPMENT PARTICULARS
10.01 Shipments
a) Foreign Items
Responsibility of shipment of plant and equipment shall lie with the Contractor wherever
the contract is for complete supply and installation or supply delivered at site basis. The
Contractor shall notify the Purchaser of the date of each shipment from the port of
embarkation as well as date of arrival of such shipment at designated port of arrival for
information.
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Responsibility of cleaning the same in the port including all handling shall lie with the
Contractor. Purchaser will only arrange to pay the customs duty as per information on CIF
values given by the Contractor sufficiently in advance.
The Contractor shall give complete shipping information concerning the weight, size,
content of each package including any other information the Purchaser may require.
b) Indigenous Item
For all contracts for supply and installation or supply delivery at site basis, responsibility of
all transportation from works to site shall lie with the Contractor.
The Contractor shall notify the Owner of the date of each shipment from his works and the
expected date of arrival at the site for information of the Purchaser.
The Contractor shall also give all information concerning the weight, size and content of
each packing including any other information the Purchaser may require.
c) The Contractor shall further be responsible for all inland transportation up to site for foreign
items after clearing through the port. Contractor shall also be responsible for making all
necessary arrangements for loading, unloading and other handling right from his works till
the site and also till the equipment is erected, tested and commissioned. He shall be solely
responsible for proper storage and safe custody of all equipment.
10.02 Shipping Documents
After shipment is affected following documents shall be forwarded to the Purchaser:
a) Foreign Items
Within seven (7) days of shipment following shall be airmailed to the Purchaser for
purpose of progress payment and necessary arrangement of payment of customs duty.
- Application of payment in standard format of the Owner (3 copies)
- Bill of Lading (5 non-negotiable copies)
- Invoice including break-up for customs purposes (6 copies)
- Packing list (6 copies)
- Pre-dispatch clearance certificate or shipping release, if any (3 copies)
- Test certificates, wherever applicable (3 copies)
- Certificate of origin
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b) Indigenous items
- Application for payment in standard format of Purchaser (3 copies)
- Invoice (6 copies)
- Packing list (6 copies)
- Pre-dispatch clearance certificate or shipping Release, if any (3 copies)
- Test Certificates wherever applicable (3 copies)
10.03 Demurrage, Wharfage etc.
All demurrage, wharfage and other expenses incurred due to delayed clearance of the material or
any other reason shall be to the account of the Contractor.
10.04 Consignee
All consignment shall be addressed to and the Bill of Lading and other shipping documents shall be
made in the name of the Purchaser’s Office as may be advised.
11.0 INSURANCE
11.01 The Owner will arrange for INSURANCE of equipment and material, included under the scope of
contract, to cover -
a) Risk in transit by ship/air between Contractor’s port of shipment/air port and Indian port of
entry.
b) Risks in transit by rail/road during inland transportation up to the Project Site.
c) Risks during storage and erection at the Project Site till the plant is fully commissioned
under an open general insurance policy. The Owner shall intimate the name of Insurance
Company and other details in due course.
11.02 The Contractor shall furnish dispatch particulars of each consignment including its value
immediately to the Insurance Company. If for any delay in intimating of dispatch particulars to the
Insurance Company on the part of the Contractor the claims for damages are rejected, the
contractor shall be fully responsible for replacement of the damaged equipment.
11.03 The risks that are to be covered under the insurance shall include, but not limited to, the loss or
damage in transit, theft, pilferage, riot, civil commotion, weather conditions, accidents of all kinds,
fire, war risk, etc. The scope of such insurance shall cover the entire value of the Works from time
to time.
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11.04 In respect of equipment damaged in transit or during erection and commissioning, the Contractor
shall replace them expeditiously and the replacement cost payable by the Owner shall be limited to
the invoice of damaged equipment. In case of consignment received at the project site in outwardly
sound condition of package but found shortage/damage on being opened the liability for free
replacement will be accepted by the Contractor.
It is the responsibility of the Contractor to lodge a claim on the Insurance Co. on behalf of the
Owner. On receipt of all relevant document relating to the claim, Owner will pursue the matter with
the Insurance Co.
12.00 DELIVERY
Notification of delivery or dispatch in regard to each and every consignment shall be made to the
Purchaser immediately after dispatch or delivery. The Contractor shall further supply to the
Consignee a price invoice and packing account of all stores delivered or dispatched by him. All
packages, containers, bundles and loose materials forming part of each and every consignment
shall be described fully in the packing account, and full details of the contents of packages and
quantity of materials shall be given to enable the Consignee to check the stores on arrival at
destination.
12.01 Passage of Risk/Ownership
The title to all Indian materials, delivered by the contractor, shall pass on to the Purchaser on its
being handed over to the nominated transporter.
13.00 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION (LD)
If the contractor fails in the due performance of the contract to supply / erection/ testing/
commissioning the equipment within the time fixed by the contract or any extension thereof, he
shall be liable at the discretion of the Engineer to the Liquidated damages and not by way of
penalty amounting to one half of one percent (1/2%) of the contract price per week. The
contractor’s liability for delay shall not in any case exceed ten percent (10%) of the total contract
price.
If the Contractor shall fail to supply the equipment or any part thereof within a reasonable period
after the expiry of the appointed time or extended time as may be provided for in the contract, the
provisions in Clause No. 28 “Negligence” shall become operative, in addition to the liability of L.D.
as above.
14.00 IMPORT LICENCE AND FOREIGN EXCHANGE
In case of supply of equipment of indigenous manufacture including any imported components, the
Contractor shall arrange for necessary Import License & Foreign Exchange.
In the event of Contractor requiring Actual User’s for import of equipment and/components,
Purchaser shall arrange for obtaining necessary assistance in this regard. Government
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authorization may be required to permit the manufacture of certain equipment. The parties shall
assist each other in every manner possible in securing such authorization.
15.00 CONTRACTOR’S DOCUMENTS, DRAWINGS AND INSTRUCTION MANUALS
15.01 The Contractor shall be responsible for developing detail drawings to adapt his equipment and
materials to the requirement indicated in the tender specification.
15.02 Within a reasonable time not exceeding thirty days from the date of receipt Purchaser’s Letter of
Intent, the Contractor shall provide the Purchaser with the following drawings and data:
a) Six (6) marked up copies of technical particulars to make them conforming to accepted
proposals.
b) Outline drawings of all equipment together with weights and sufficient overall dimensions
to enable the Purchaser to design foundations and structures and associated equipment.
c) Drawing submission schedule indicating list of all drawings with their respective titles and
dates shall be submitted to the Purchaser. The schedule shall also indicate the latest date
by which Contractor shall furnish all design calculations. The schedule shall be amended
or extended by the Contractor in consultation with the Purchaser as and when necessary.
15.03 Within a stipulated time period the Contractor shall submit for approval of the Purchaser the
following drawings and technical data:
a) Dimensional layout drawings of the plant and equipment to be supplied under the contract
and all certified data relating to the design on foundation structures to enable the
Purchaser to arrange for construction of the necessary foundations and civil works.
All information regarding material and size of anchor bolt, nuts, sleeves, inserts and
supports which shall have to be embedded in concrete shall be furnished in the detailed
foundation drawing.
b) Dimensional drawings showing individual equipment being supplied under the contract,
method and sizes of connections to the Purchaser’s other equipment, giving also the limits
of variations of the dimensions.
c) All efficiency and characteristic curves required under the specification.
d) Schematic drawings of all wirings, connections and interlocking diagrams showing the
points where the connections have to be made by the Purchaser.
e) Necessary structural and other calculations and data required for demonstrating fully that
all parts of the equipment to be furnished shall conform to the provisions and intent of the
contract.
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The Contractor shall submit six (6) prints of each drawing for approval. Two (2) prints shall be
forwarded to the Purchaser and four (4) prints shall be forwarded to the Consulting Engineer.
When prints of drawings have been marked “Approved except as noted, Resubmission required”
the Contractor shall make necessary corrections and again submit corrected copies for approval as
per details stipulated. Further revision will be shown by number, date and subject in a revision
block.
Upon receipt of the prints which have been marked “Approved” or “Approved except as noted:
Forward Final drawing” the Contractor shall furnish within a reasonable time fourteen (14)
additional prints of each of drawings and one (1) reproducible transparency after minor corrections,
if any, to the Purchaser.
Relevant civil construction drawings if felt necessary by Consulting Engineer, shall be forwarded to
the Contractor in triplicate. He shall review incorporation of information furnished by him, such as,
anchor bolt location, elevation etc. and return one certified copy each to the Purchaser and to the
Consulting Engineer.
Any manufacturing work in connection with the equipment prior to the approval of drawings shall be
at the Contractor’s risk. The Contractor shall make any change in the designs, with prior approval
of the Engineer, which are necessary to make the equipment conform to the provisions and intent
of the contract, without additional cost to the Purchaser. Approval of Contractor’s drawings shall
not be held to relieve the Contractor of any part of Contractor’s obligations to meet all the
requirements of the contract or of the responsibility for the correctness of the Contractor’s
drawings.
15.04 The details to be furnished shall include, but not restricted to the following:
a) Finals plans and layout giving complete details against the above mentioned arrangement
plans including foundations plans.
b) Assembly, sub-assembly and sectional drawings of every equipment.
c) Complete cabling drawing giving details of cables required, terminal details, layout of
trenches etc.
d) Detailed wiring diagrams and arrangements of conduits for wiring various controls and
instruments up to the required points.
e) Shop drawings of all parts of equipment requiring repairing or replacements.
f) A complete list of special erection tools and tackles required for complete assembly.
15.05 Complete spare part hand books with details and diagrams, separate recommendations shall be
made for the parts required for first three (3) years of operation of important equipment and sent to
Engineer for approval. Parts requiring frequent replacement shall be listed separately from parts
required for ensuring reliability in unforeseen emergencies. On finalization ten (10) set of such
spare part hand books shall be furnished to the Engineer.
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15.06 Assembly and erection instruction within a reasonable time after signing of the contract but at least
three (3) months before starting erection the Contractor shall furnish ten (10) sets of the following
for the use of Purchaser’s field Engineers:
a) Descriptive literature and drawings to illustrate the working principles, method of assembly
and dismantling.
b) Instruction book for proper erection and assembly of all equipment and necessary
instructions for checking and recording proper assembly of the plant.
Erection schedule giving the sequence of erection with reference to package/ assembly/
sub-assembly identification.
c) Instruction sheets for proper balancing, alignment, adjustment, checking and calibrations
as may be necessary.
15.07 All drawings and technical data are to be furnished in English language only.
15.08 Final Drawings and Operation Maintenance Manuals
Before completion of the work, the Contractor shall furnish fourteen (14) complete sets of prints
and one (1) reproducible transparency of all detailed drawings of the equipment actually supplied
and as erected and assembled at site. In addition ten (10) sets of comprehensive manuals for use
in the operation and maintenance of the plant shall be supplied at least six (6) months before the
actual commissioning date to the Engineer.
15.09 Seven (7) copies of monthly fabrication progress report for all equipment and material shall be
supplied to the Engineer.
16.00 MISTAKES IN DRAWINGS
The Contractor shall be responsible for and shall pay for any alterations of the work due to any
discrepancies, errors or omissions in the drawings or other particulars supplied by him whether
such drawings or particulars have been approved by the Engineer or not.
If any dimensions figured upon a drawing or a plan differ from those obtained by scaling the
drawing or plan the dimensions as figured upon the drawing or plan shall be taken as correct.
17.00 MATERIALS AND WORKMANSHIP
All materials used in the manufacture of the equipment shall be selected from the best available for
the purpose, considering strength, durability and best engineering practice. Liberal factors of safety
shall be used through out the design and specially in the design of all parts subject to alternating
stresses or shocks.
All the work shall be performed and completed in a thorough workmanship like manner and shall
follow the best modern practice in the manufacture of high grade equipment notwithstanding any
omissions in the specifications.
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Castings shall be free from holes, flaws, cracks or other defects and shall be smooth, close grained
and of true forms and dimensions. No plugged or filled up holes or other defects will ordinarily be
allowed. Such castings are liable to be rejected.
However, the Contractor may rectify minor casting defects by welding or other method in
accordance with the standard manufacturing practice provided such rectification does not affect the
strength of the casting or impair the efficient working of the plant and prior approval of the
Purchaser is obtained for the same.
18.00 SPARE PARTS AND SPECIAL MAINTENANCE TOOLS
18.01 The spare parts as required for the equipment under supply are listed in respective specification.
The list is not exhaustive but only indicative.
The Contractor shall also supply list of Guaranteed Spares for two years normal operation
indicating parts name, catalogue no., quantity and unit prices on project site delivery basis. If any
short fall is noticed during 2 years from the date of commissioning the same shall be supplied free
of cost by the Contractor.
18.02 In case of machinery and paint, the Contractor shall include provision for such tools as he
recommends to be absolutely essential for proper maintenance and repair of the plant. A detailed
list of the tools along with the itemized prices shall be submitted along with the tender. In the
absence of this list, the tender is liable to be rejected. One new set of all special tools for
maintenance for each type of equipment shall be furnished by the Contractor at his own expense
and shall be dispatched along with the equipment.
18.03 The contractor shall also undertake that supplies of necessary maintenance equipment and spare
parts will be made available for the life of the plant offered through his Agents on a continuous
basis at reasonable price.
19.00 COMPLETENESS OF EQUIPMENT
The equipment shall be complete in every respect with all mountings, fixtures and standard
accessories which are normally supplied even though not specifically detailed in the specification.
The Contractor shall not be eligible for any extra payment in respect of such mountings, fittings,
fixtures and accessories which are needed for safe operation of the equipment as required by
applicable codes of the country though they may not have been included in the contract.
All similar component parts of similar equipment supplied shall be interchangeable with one
another.
The various equipment supplied under this contract shall be subject to the Purchaser’s approval
20.00 INSPECTION AND TESTING AT CONTRACTOR’S PREMISES
The Engineer and his duly authorized representative shall have at all reasonable times access to
the Contractor’s /Sub-contractor’s premises of works, and shall have the power at all reasonable
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times to inspect drawings of any portion of the work or examine the materials and workmanship of
the plant during its manufacture there and if part of the plant is being manufactured on other
premises, the Contractor shall obtain for the Engineer and his duly authorized representative
permission to inspect as if the plant is manufactured on the Contractor’s premises.
The Engineer shall on giving seven (7) days notice in writing to the Contractor setting out any
grounds of objections which he may have in respect of the work, be at liberty to reject any drawings
& all or any part of workmanship if the subject of any of the said grounds of objection, which in his
opinion are not in accordance with the contract. The Contractor shall give due consideration to
such objections and shall either make the modifications that may be necessary to meet the said
objections or shall confirm in writing to the Engineer giving therein that no modifications are
necessary to comply with the contract.
The Contractor shall give the Engineer and his duly authorized representatives notice of any
material being ready for testing and the Engineer or the said representative shall (unless the
inspection of tests is voluntarily waived), on giving twenty four (24) hours previous notice in writing
to the Contractor, attend at the Contractor’s premises (as the case may be) within fifteen (15) days
of the date on which the material is notified as being ready failing which visit, the Contractor may
proceed with the tests which shall be deemed to have been made in the Engineer’s presence. All
standard shop tests, physical and chemical tests required by the Standards or as may be
prescribed or approved by the Engineer shall be conducted by the Contractor. The Engineer
reserves the right to waive any of the above test requirement and to prescribe new test required if
found necessary to expedite the work or to conform to the latest and best practice. Definitions,
methods of measurement, calibration of instruments and required procedure as referred in the
above standard and/or those approved by the Engineer as equivalent shall be followed. The
Contractor shall forthwith forward to the Engineer duly certified copies of the test certificates in
quadruplicate (one copy to the Purchaser and three copies to the consulting Engineer) for
approval. Further ten (10) copies of the shop test certificate shall be bound with the instruction
manuals referred to in clause “Contractor’s documents, drawings and instruction manuals”.
In all cases where contract provides for tests, whether at the premises or works of the Contractor
or any sub-contractor, the Contractor, except where otherwise specified shall provide free of
charge to the Purchaser, such labor, materials, electricity, fuel, water, stores, apparatus and
instruments as may reasonably be demanded to carry out efficiently such tests of the plant, in
accordance with the contract and shall give facilities to the Engineer or his authorized
representative to accomplish such testing.
When the tests have been satisfactorily completed in the Contractor/Sub-contractor’s Works, the
Engineer shall issue a certificate to that effect within fifteen (15) days after completion of test, but if
the tests were not witnessed by the Engineer or his representative the certificate would be issued
within fifteen (15) days of the receipt of the test certificates by the Engineer. No plant shall be
transported before such a certificate has been issued. The satisfactory completion of these tests or
the issue of this certificate shall not bind the Purchaser to accept the plant should it on further tests
after erection, be found not to comply with the contract provisions.
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21.00 TESTS ON COMPLETION AND TRIAL RUN AT SITE
Where possible all tests shall be carried out before dispatch. Should, however, it become
necessary for the final tests as to performance and guarantees to be held over until the plant is
erected at site, they shall be carried out as per agreed procedure within two (2) months or such
time as may be considered reasonable by the Purchaser after commissioning of the equipment.
Inspection and test at site during erection and on completion of erection shall be carried out on any
plant and equipment to satisfy the guaranteed performance of each equipment and the whole
installation as set forth below:
Individual equipment tests:
(I) Inspection and checking of units
(II) Placing in operation
(II) Initial operation
(IV) Reliability tests
(V) Efficiency and consumption tests
(VI) Load tests
The sequence of tests for individual equipment shall be as mutually agreed to between the
Contractor and the Engineer.
Immediately after the plant or section of the plant is ready for commissioning, it shall serve for a
minimum fourteen (14) days trial on load to furnish proof of satisfactory working. The acceptance
test shall be carried out within two (2) months after the trial run has been satisfactorily completed.
Any delay for carrying out these works for force majeure reasons shall be given due consideration.
Should the result of these tests not come within the margin specified, the test shall, if required, be
repeated after necessary rectification measures recommended by the Contractor within one (1)
month from the date of plant is ready for retest, and the Contractor shall repay to the Purchaser all
reasonable expenses which he may be put to by such tests.
The performance and acceptance tests of the complete installation shall be carried out to prove the
guarantees specified for different equipment. These tests shall be made in accordance with
established and approved procedures. The Contractor shall submit within reasonable time after the
award of contract, detailed procedure for conductance of all tests for approval of the Engineer. The
procedure shall include the following information for such test:
(I) Loads at which tests will be conducted.
(II) Time and durations of each test.
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(II) Instrument locations shown by a schematic diagram for each test. (Calibration certificates
for each instrument shall be furnished before commencement of test).
(IV) All formulas, calculations, conversion factors, correction curves, etc. to be used for test
conductance.
(V) Sample test report forms, and data sheet that will be used to record test results and
valuation of final results.
On completion of all tests, the overall efficiency of the plant shall be determined in accordance with
the procedure mutually agreed upon between the Contractor and the Engineer unless otherwise
covered under the Standards and Specification.
In all cases, where the contract provides for test at the site, the Purchaser, except where otherwise
specified, shall provide, free of charge, such labor, materials, fuel, water, electricity, lubricants as
may be required from time to time and as may reasonably be demanded to carry out such tests of
the plant, material or workmanship in accordance with the contract. Any special apparatus and
precision instruments required for site test shall be provided by the Contractor.
If for any reason, other than the fault of the contractor performance and acceptance tests for any
unit shall not be carried out within sixty (60) days of notice by the Contractor to the Purchaser of
the unit being ready for tests, then the Purchaser will issue an acceptance certificate on the last
day of such period and payments due to the Contractor on acceptance shall be made, but
nevertheless the Contractor, shall if called upon to do so by the Purchaser, within a period twelve
(12) months from the said last date, make the said tests on the same terms as provided in the
contract.
22.00 TAKING OVER
Upon successful completion of all the tests to be performed at site on equipment and systems
furnished and erected by the Contractor, the Engineer shall Issue to the Contractor a taking over
certificate as a proof of the final acceptance of the equipment. Such certificate shall not relieve the
Contractor of any of his obligations which otherwise survive by terms and conditions of the contract
after issuance of such certificate.
23.00 REJECTION OF DEFECTIVE PLANT
If the completed plant or any portion thereof, it is taken over under the clause ‘Taking Over’, be
found defective or fails to fulfill the requirements of the contract, the Engineer shall give the
Contractor notice selling forth particulars of such defects or failure, and the Contractor shall forth
wile make the defective plant good or to make it comply with the requirements of the contract.
Should he fail to do so within a reasonable time, the Purchaser may reject and, replace at the cost
of the Contractor the whole or any portion of the plant as the case may be, which is defective or
fails to fulfill the requirements of the Contract. Such replacement shall be carried out by the
Purchaser within a reasonable time and at a reasonable price, and where reasonably possible to
the same specification and under comparative condition. The Contractor’s full and extreme liability
under the clause shall be satisfied by the payment to the purchaser of the original contract price
including charges of erection and/or supervision of erection plus the difference if any between the
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replacement price of the equipment including charges for erection and /or supervision of erection
and the original contract price including charges for erection and / or supervision of erection in
respect of such defective plant.
In the event of such rejection, the Purchaser shall have the right to operate any and all equipment
as soon as and as long as it is in operating condition, whether or not, such equipment has been
accepted as complete and satisfactory, to enable him to obtain necessary replacement, except that
this shall not be construed to permit operation of any equipment which may become damaged by
such operation before any required alternations or repairs and/or replacement have been made. All
repairs or alternations or replacement required of the Contractor shall be made by the Contractor at
such times as directed and in such manner as will cause the minimum interruption in the use of the
equipment by the Purchaser. Should the Purchaser not so replace the rejected plant within a
reasonable time, the Contractor’s full and extreme liability under his clause will be satisfied by the
repayment of all money paid by the Purchaser to him in respect of such plant.
Nothing in this clause shall be deemed to deprive the Purchaser or affect any rights under the
contract which he may otherwise have in respect of such defects or deficiencies or in any way
relieve the Contractor of his obligations under the contract.
24.00 COMPLETION CERTIFICATE & FINAL CERTIFICATE
24.01 Application for Completion Certificate
When the contractor fulfils his obligation under the contract he shall be eligible to apply for
completion certificate in respect of the work by submitting the completion documents along with
such application for completion certificate.
The owner or his representative shall normally issue to the Contractor the completion certificate
within one month after receiving an application from the Contractor after verifying from the
completion documents and satisfying himself that the work has been completed in accordance with
and as set out in the construction and erection drawings, and the contract documents.
The contractor, after obtaining the completion certificate, is eligible to present the final bill for the
work executed by him under the terms of contract.
24.02 Completion Certificate
Within one month of the completion of work in all respects the Contractor, shall be furnished with a
certificate by the owner or his representative of such completion but no completion certificate shall
be give nor shall the work be deemed to have been executed until all scaffoldings surplus material
and rubbish is cleared off the site completely nor until the work shall have been measured by the
Engineer, whose measurement shall be binding and conclusive. The work will not be considered as
complete and taken over by the Owner, until all the temporary works, labor and staff colonies etc.
constructed are removed and work site cleared to the satisfaction of the Engineer.
If the Contractor shall fall to comply with the requirements of this clause on or before the date fixed
for the completion of the work, the Engineer may at the expenses of the Contractor remove such
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scaffoldings, surplus materials and rubbish and dispose off the same as he thinks fit and clean off
such dirt as aforesaid, and the Contractor shall forthwith pay the amount of all expenses so
incurred and shall have not claim in respect of any such scaffolding or surplus materials as
aforesaid except for any sum actually realized by the sale thereof.
Completion Certificate shall be in 3 parts as follows:
1) Physical/Mechanical completion work.

2) Satisfactory completion of commissioning of equipment with load.
3) Satisfactory completion of guarantee.
The Contractor shall clearly indicate the 3 dates separately.
24.03 Completion Documents
For the purpose of clause 24, the following documents will be deemed to form the completion
documents:
(i) The technical documents according to which the work was carried out.
(ii) Three sets of construction drawings showing therein the modification and corrections
made during the course of execution and signed by the Engineer.
(ii) Completion Certificate for embedded and ‘Covered-up’ works.
(iv) Certificates of final levels as set out for various works.
(v) Certificates of test performed for various works.
(vi) Materials appropriation statement for the materials issued by the owner for the works and
list of surplus materials returned to the owner’s store duly supported by necessary
documents.
(vi) Physical / Mechanical completion work.
(viii) Satisfactory completion of commissioning of equipments with load.
(ix) Satisfactory completion of guarantee.
The contractor shall clearly indicate the 3 dates separately.
24.04 Final Decision and Final Certificate
Upon the expiration of the period of liability and subject to the Engineer being satisfied that the
works have been duly maintained by the Contractors during monsoon or such period as herein
provided in clause 8.00 and that the Contractor has in all respect duly made up all subsidence and
performed all his obligations under the contract, the Engineer shall (without prejudice to the right of
the Owner to retain the provision of relevant clause hereof) otherwise give a certificate, herein
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referred to as the final certificate, to that effect and the Contractor shall not be considered to have
fulfilled the whole of his obligations under the contract until Final Certificate shall have been given
by the Engineer not withstanding any previous entry upon the work and taking possession, working
or using of the same or any part thereof by the Owner.
24.05 Certificate and Payments No Evidence of Completion
Except the final certificate, no other certificates or payment against a certificate or on general
account shall be taken to be an admission by the Owner of the due performance of the Contract or
any part thereof or of occupancy or validity of any claim by the Contractor.
25.00 ENGINEER’S DECISION
In respect of all matters which are left to the decision of the Engineer the Engineer shall, if so
required to do so by the Contractor give in writing a decision there on to the Contractor. All
decisions of the Engineer shall be binding on the Contract.
26.00 CERTIFICATE NOT TO AFFECT THE RIGHTS OF THE PURCHASER OR THE CONTRACTOR
No Certificate of the Engineer on account, nor any sum paid on account by the Purchaser, nor any
extension of time for the execution of the works by the Contractor shall affect or prejudice the rights
of the Purchaser against the Contractor or relieve the Contractor of his obligations of the materials
supplied and no certificate shall create liability for the Purchaser to pay for alterations,
amendments, variations of additional work, not ordered in writing by the Engineer or discharge the
liability of the Contractor for payment of damages, whether due, ascertained or certified or not to
any sum against the payment of which he is bound to Indemnify the Purchaser, nor shall any such
certificate nor the acceptance by him or any sum paid on account or otherwise, affect or prejudice
the rights of the Contractor against the Purchaser.
27.00 MAINTENANCE AND GUARANTEE – WARRANTY PERIOD
The Contractor shall guarantee in respect of the plant and materials to be furnished by him the
following:
(a) All equipment shall be free from any defect due to faulty design, materials and/or
workmanship.
(b) The equipment shall operate satisfactorily and the performance and efficiencies of the
equipments shall not be less than the respective guaranteed values.
(c) The efficiencies, temperature rises and other performance data furnished for the
equipment.
The guarantees have to be furnished on forms approved by the Engineer and shall be signed by
the Contractor and / or his sub-contractor.
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If the Contractor finds, after his tender is accepted, that a variation in work, construction technique
or the quality of materials is necessary to fulfill the guarantees called for, such variations may be
made with the approval of the Engineer, provided the request for changes is made before signing
the contract the changes are to be made without any increase in the contract price.
The above guarantees shall be valid for a period of twelve (12) calendar months commencing
immediately on the satisfactory completion of the final tests at site or thirty six (36) months after the
last consignment to complete the plant is received at site, whichever may be earlier. This period of
the guarantee shall be called the ‘Warranty period’. During this period, the contractor’s liability shall
be limited to the replacement of any defective parts that may develop in plant of his own
manufacture of those of his sub-contractor’s under the conditions provided for by the contract
under proper use and arising solely from faulty design, materials or workmanship provided always
that such defective parts as are not repairable at site, and are not essential in the meantime in the
commercial use of the plant, are promptly returned to the Contractors Works unless otherwise
arranged. All such replacements of defective parts mentioned above shall be made free of costs at
site by the Contractor and the return of the defective parts to the Contractor’s works shall be the
Contractor’s responsibility and shall be made at his expense. The Purchaser will, however, render
such assistance in this matter as well expedite the same. In the case of defective parts not
repairable at site but essential in the meantime for the commercial use of the plant, the Contractor
shall replace at site free of cost to the Purchaser the said defective parts before the defective parts
are removed to his Works.
If for rectification or replacement of any part of equipment or work due to defective materials,
manufacture or design, the services of the Contractor personnel are requisitioned within the
guarantee period, these services shall be made available free of any cost to the Purchaser.
If it becomes necessary for the contractor to replace or renew any defective portions of the plant
under this clause, the provisions of this clause will apply to the portions of the plants so replaced or
renewed until the expiration of six (6) months from the date of such replacement or renewal or until
the end of the above mentioned period of twelve (12) months, whichever may be later. If any defect
be not remedied within a reasonable time, the Purchaser may proceed to do the work at the
Contractor’s risk and expenses but without prejudice to any other rights which the Purchaser may
have against the Contractor in respect of such defects.
If the replacement or renewals are of such character as may affect the efficiency of the plant, the
Purchaser shall have the right to give the Contractor within one month of such replacement or
renewal, notice in writing that ‘tests’ on completion be made in which case such tests be carried-
out as provided in clause “tests a completion” and trial run at site hereof. Should such test show
that the plant sustains the guarantee given in the Contract; the cost of the tests will be borne by the
Purchaser. Should the guarantee be not sustained, the cost of the test shall be borne by the
Contractor.
All replacement or renewals to be carried out by contractor during the maintenance period shall be
subject to such clauses of these general conditions as may be considered reasonable by the
Engineer.
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Until the final certificate has been issued, the Contractor shall have the right of entry, at his own
risk and expenses by himself or his duly authorized representatives whose names shall previously
have been communicated in writing to the Engineer, at all reasonable working hours upon all
necessary parts of the works, for the purpose of inspecting the working and the records of the plant
and taking notes there from and, if he desires, at his own expense making any tests, subject to the
approval of the Engineer that work will not be unreasonably withheld.
The issue of the Engineer’s Certificate referred to in clause ‘Certificate of Engineer’ shall in no way
expect the contractor from the provision of this clause.
At the end of the maintenance period, the liability ceases. In respect of goods not covered by the
first paragraph of this clause, the Purchaser shall be entitled to the benefit of any guarantee given
to the Contractor by the original supplier or manufacturer of such goods.
28.00 NEGLIGENCE
If the Contractor neglects to execute the work with due diligence and expedition or refuses or
neglect to comply with any reasonable orders given to him in writing by the Engineer in connection
with the work, or contravene the provisions of the contract, the Purchaser may give notice in writing
to the Contractor calling upon him to make good the failure, neglect or contravention complained or
should the Contractor fail to comply with such notice within a period considered reasonable by the
Purchaser from the date of service thereof, in the case of failure, neglect or contravention capable
of being made good within that time or otherwise within such time as may in the opinion or the
Purchaser be reasonably necessary for making it good, then and in such case the Purchaser shall
have the option and be at liberty to take the work wholly or in part, out of the Contractor’s hand and
may carry on the work envisaged in the contract at a price with any other person or persons to
execute the same or any part thereof and provide any other materials, tools, tackle or labor for the
purpose of completing the works or part thereof. In such event the Purchaser shall without being
responsible to the Contractor for fair wear and tear of the same be entitled to seize and take
possession and have free use of all materials, tools, tackle or other things which may be on the
site, for use at any time in connection with the work to the exclusion of any right of the Contractor
over the same and the Purchaser shall be entitled to retain and apply and balance sum which may
otherwise be then due on the contract by him to the Contractor or such part thereof as may be
necessary, to the payment of the cost of execution of such work as aforesaid.
If the cost of executing the work as aforesaid shall exceed the balance due to the Contractor and
the Contractor fails to make good the deficit, the said materials, tools, tackle, construction plant or
other things, the property of the Contractor as may not have been used up in the completion of the
works, may be sold by the Purchaser and the proceeds applied towards the payment of such
difference and the cost of an incidental to such sale. Any outstanding balance existing after
crediting the proceeds of such sale shall be paid by the Contractor on the certificate of the
Engineer. But when all expenses cost and charges incurred in the completion of the work are paid
by the Contractor, all such materials, tools, tackle, construction plant or other things not used up in
the completion of the works and remaining unsold shall be removed by the Contractor. If the
proceeds of the above sale of the Contractor’s materials, tools, tackle, construction plant etc. are
insufficient to cover the executing the aforesaid work, the balance remaining after crediting the
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proceeds of such sale shall be recoverable from the Contractor by encashing the Bank
Guarantee/available/ any other money payable by Purchaser or by action of law.
Not withstanding anything contained above, the Purchaser may determine the contract due to any
breach or failure of the Contractor, without notice before determining the contract as above, if in the
opinion of the Purchaser, the default or defaults committed by the Contractor is/are curable and
can be cured by the Contractor if an opportunity is given to him, then the owner may issue a notice
in writing calling upon the Contractor to cure the default within such time as may be specified in the
notice.
In the event of termination, the security deposit will be forfeited without reference to the Contractor
and if no amount is available towards Security Deposit, an identical amount is recoverable from the
contractor.
29.00 POWER TO VARY OR OMIT WORK
No alternations, amendments, omissions, additions, suspensions or variations of the work

hereinafter referred to as ‘Variations’, under the contract shall be made by the Contractor except as
directed in writing by the Engineer, but the Engineer shall have full power, subject to the provision
hereinafter contained from time to time during the execution of the contract by notice in writing, to
instruct the Contractor to make such variation without prejudice to the contract and the Contractor
shall carry out such variation and be bound by the same conditions as far as applicable, as though
the said variation occurred in the contract.
If any suggested variations would, in the opinion of the Contractor, if carried out prevent him from
fulfilling any of his obligations or guarantees under the contract, he shall notify the Engineer thereof
within 10 days in writing and the Engineer shall decide forthwith whether or not the same shall be
carried out and if the Engineer confirms his instructions, the contractor’s obligations and
guarantees shall be modified to such and extent as may be justified. In the absence of any such
notification, the Contractor shall be bound to carry out the suggested variations without any
additional financial implication to Purchaser and it will amount to an absolute waiver of any claim
whatsoever.
30.00 SETTLEMENT OF DISPUTE
30.01 Except as otherwise specifically provided in the Contract all disputes concerning question of fact
arising under the Contract s hall be decided by the Engineer subject to a written appeal by the
Contractor to the Engineer, whose decision shall be final to the parties hereto.
30.02 Any disputes or differences including those considered as such by only one of the parties arising
out of or in connection with the Contract shall be to the extent possible settled amicably between
the parties.
30.03 If amicable settlement can not be reached then unresolved disputed issues may be settled by
arbitration as provided subsequently.
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31.00 TERMINATION OF CONTRACT
Notwithstanding anything contained elsewhere in this contract, if at any time during the term of this
contract the plans of the Government of India and/ or the State Government change for any
reason, the Purchaser shall have the right to terminate the Contract by notice to the Contractor by
a registered letter. In respect of such changes the material that is complete as ready for
transportation within thirty (30) days after such notice, Purchaser agrees to accept delivery thereof
at the contract price and terms. In the case of the remainder of the undeliverable material, the
Purchaser may elect (a) to have any part thereof completed and take delivery thereof at the
contract price and (b) to cancel the residue (if any) and pay to the Contractor aprorated amount of
the contract price based upon the state of completion to be certified by him. The Contractor shall
deliver all such material in process of manufacture to the Purchaser and shall return to the
Purchaser any funds remaining to the Purchaser’s credit. No payment shall be made by the
Purchaser for any material not yet in process of manufacture on the date of notice of cancellation is
received.
32.00 DEDUCTION FROM CONTRACT PRICE
All costs, damages or expenses which the Purchaser may have paid, for which under the contract
Contractor is liable, may be deducted by the Purchaser from any money due or be coming due by
him to the Contractor under the contract, or may be recovered by action of law or otherwise from
the Contractor. Further all legal and statutory deductions will be made and the Contractor is not
entitled to any reimbursement or claim what-so-ever except only a tax deduction certificate.
In the event of recovery to the necessary extent becoming impossible owing to insufficiency of the
performance bond and withheld amounts, the balance due to the purchaser, may be recovered in
any way the Purchaser may deem fit.
33.00 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS
The Contractor shall agree to co-operate with the Purchaser’s other contractors and Consulting
Engineers for associated equipment and freely exchange with them such technical Information as
is necessary to obtain the most efficient and economical design and to avoid unnecessary
duplication of equipment. No remuneration shall be claimed from the Purchaser for such technical
cooperation. The Purchaser and consulting Engineer shall be provided with two (2) copies each of
all correspondence addressed by the Contractor to other Contractors in respect to such exchange
of technical information.
If any part of the Contractor’s work depends for proper execution or results upon the work of any
other Contractor, the Contractor shall inspect and promptly report in writing to the engineer any
defects; in such works that render it unsuitable for such proper execution and results. His failure to
so inspect and report shall constitute an acceptance of the other Contractor’s work as fit and
proper for the reception of his work, except as to defects which may develop in the other
Contractor’s work after the proper execution of his work.
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34.00 ASSIGNMENT OF CONTRACT
Any assignment of the contract or any part thereof or any rights or obligations there under, by the
Contractor without the prior written consent of the Purchaser shall be void.
The purchaser shall be at liberty to transfer and assign the contract only to Government Company
as defined in the Indian Companies Act-I of 1956, and such Company shall exercise all the rights
and be liable for all obligations of the Purchaser contained herein in the same manner as if the
agreement had been entered into between the said Company and the Purchaser. The purchaser
shall be also at liberty to entrust the carrying out of the agreement only to a Government Institution
and upon the Instructions of the purchaser, the Contractor undertakes to do all things necessary to
carry out of his obligations under the agreement with such institution as may be entrusted by the
purchaser as agent or otherwise. The Purchaser, however, shall not be in either case relieved or
discharged from any of his obligations and liabilities under the contract.
The contractors shall be advised in writing of the date of any such substitution.
35.0 SUBLETING OF CONTRACT
The Contractor shall not without the consent in writing of the Purchaser, which shall not be
unreasonably withheld, assign or sublet his contract or any substantial part thereof other than for
raw materials, for minor details, or for any part of the works of which the makers are named in the
contract, provided that any such consent shall not relieve the Contractor from any obligation, duty
or responsibility under the contract.
For components/equipments procured by the Contractors for the purpose of the Contract; after
obtaining the written approval of the Owner, the Contractor’s purchase specifications and enquiries
shall call for quality plans to be submitted by the suppliers along with their proposals. The quality
plans called for from the vendors shall set out, during the various stages of manufacture and
installation, the quality practices and procedures followed by the Vendor’s quality control
organization, the relevant reference documents/standards used, acceptance level, inspection of
documentation raised, etc. Such quality plans of the successful vendors shall be discussed and
finalized in consultation with the Engineer and shall form a part of the purchase order/contract
between the Contractor and the vendor. Within 3 weeks of the release of the same purchase
order/contracts for such bought out items/components, a copy of the same without price details but
together with detailed purchase specifications, quality plants and delivery conditions shall be
furnished to the Engineer by the Contractor.
36.00 SUSPENSION OF WORK
The owner reserves the right to suspend and reinstate execution of the whole or any part of the
works without invalidating the provisions of the contract. Orders for suspension or reinstatement of
the works will be issued by the Engineer to the Contractor in writing. The time for completion of the
works will be extended for a period equal to duration of the suspensions. Any necessary and
demonstrable costs incurred by the contractors as a result of such suspension of works other than
force majeure conditions will be paid by the owner, provided such costs are substantiated to the
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satisfaction of the Engineer. The owner shall not be responsible for any liabilities if suspension or
delay is due to some default on the part of the Contractor or his sub- Contractor.
37.00 FORCE MAJEURE
37.01 Any delays in or failure of the performance of either parties thereto shall not constitute default here
under or give rise to any claims for damages, if any, to the extent such delays or failure of
performance caused by occurrences such as acts of God or the public enemy, expropriation or
confiscation of facilities by Government authority, compliance with any order or request of any
Government authorities, act of war rebellion, sabotage, fire, floods, explosions, riots or illegal
strikes, provided always that such occurrence result in impossibility of performances of the
contract.
37.02 Only events of Force Majeure which impedes the execution of the contract at the time of its
occurrence shall be taken into cognizance.
38.00 PROGRESS REPORTS AND PHOTOGRAPHS
The Contractor shall furnish six (6) prints each of progress reports and photographs of the work
done in his shop. Photographs shall be taken when the where indicated by the Engineer or his
representative. Photographs shall be approximately 100 mm x 125 mm in size including a margin
of 5 mm side of fixing. Adequate number of photographs shall be submitted indicating various
stages of manufacture. Each photograph shall contain the date the name of the Contractor and the
title of the view taken.
Monthly progress reports shall be submitted. These shall detail the status of design, procurement
of raw materials and manufacture of the equipment. The Engineer shall advise the Contractor
about the number of copies of progress schedule and photographs he has to submit each month
together with the names and address of persons to whom they are to be sent.
39.00 PATENT RIGHTS
Royalties and fees for patents covering materials, articles, apparatus devices, equipment and
processes used in the plant and equipment shall be deem to have been included in the Contract
Price. The Contractor shall defend any claims which alleged in a suit or proceeding against the
Purchaser that the equipment or any part thereof constitutes an infringement of any patent, it
notified promptly in writing and given authority, Information and assistance for the defense and the
Contractor shall pay all damages and costs awarded against the Purchaser in such suit or
proceeding for the patent infringement. In case the equipment in such suit or proceeding is held to
constitute infringement and the use of the equipment or part is prohibited, the Contractor shall, at
his own expenses, either procure for the Purchaser the right to continue using the equipment or
replace same with a non-infringing equipment or modify it so it become non-infringing or remove
the equipment and refund the purchase price plus the transportation and installation costs thereof.
The foregoing states entire liability of the Contractor for patent infringement and the Purchaser
shall be kept indemnified in this regard.
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Notwithstanding any dispute regarding patents Purchaser will have a right to the use of materials,
articles, apparatus, devices, equipment and process till final adjudication of such dispute.
40.00 TRAINING OF ENGINEERS
It so desired by the Purchaser, the Contractor shall undertake to train Engineers to be nominated
by the Purchaser in the manufacture, testing, erection and operation of similar equipment as
covered by the contract. The period of training, number of engineers to be trained, program of
training will be mutually agreed upon. Cost of to and fro traveling for each engineer to the
manufacturer’s factory and their living expenses shall be borne by the Purchaser.
41.00 EFFECT & JURISDICTION OF CONTRACT
41.01 The contract shall be considered as having come into force from the date of the acceptance of
Letter of Intent.
41.02 The laws applicable to this contract shall be in the laws in force in India. The courts of Orissa shall
have exclusive jurisdiction in all matters arising under the contract.
42.00 TIME IS THE ESSENCE OF CONTRACT
42.01 The time and the date of completion of the works as stipulated in the contractor’s proposal and
accepted by the owner without or with modifications, if any, and so incorporated in the Letter of
Intent, shall be deemed to be the essence of the contract. The Contract shall so organize his
resources and perform his work as to complete it not later than the date agreed to.
42.02 The Contractor shall submit a detailed PERT Network within the time frame agreed above covering
various key phases of the works such as design, procurement, manufacturing, shipment and field
erection activities within thirty (30) days after the date of Letter of Intent. This network shall also
indicate the interface facilities to be provided by the Owner and the dates by which such facilities
are needed.
Contractor shall discuss the network so submitted with the owner. The agreed network which may
be in the form as submitted or in revised form in line with the outcome of discussions shall form
part of the Contract to be signed within sixty (60) days from the date of acceptance of Letter of
Intent. During the performance of the contract, if in the opinion of the Engineer proper progress is
not maintained suitable changes shall be made in the contractor’s operations to ensure proper
progress.
42.03 The above PERT network shall be reviewed and periodic review reports shall be submitted by the
Contractor as directed by the Engineer.
42.04 Within a month of the award of the contract, the Contractor shall make available to the Engineer, a
detailed manufacturing programme, in line with the agreed contract network. Such manufacturing
program shall be reviewed, updated and submitted to the Engineer once every two months
thereafter.
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43.00 ERECTION SUPERVISION SERVICES
The Contractor, if required by the Purchaser, shall furnish the services of one or more supervisors,
to render technical advice, assistance and guidance to the Purchaser in connection with the
erection and/or commissioning of equipment subject to the provisions herein after set forth. In case
of complete erection of plant and materials such services shall automatically be included in the
scope of the Contractor and no extra charges shall be applicable.
The Purchaser; shall pay the Contractor for the service of each supervisor as follows:
(a) As agreed rate; per-calendar day from the date on which supervisor leave his
headquarters up to and including the date of his return thereto. This rate is based up on a
normal 48 hours work-week of six (6) eight-hour workdays, Monday through Saturday.
Sunday will be normally a holiday but any other day of the week may be made a normal
holiday depending upon working conditions.
(b) The Purchaser shall in addition to the charge specified in paragraph above, pay the
Contractor for any overtime work authorized by the Purchaser and performed by the
supervisor at an agreed overtime rate per hour for hours worked in excess of 8 hours per
day and all hours worked on the seventh day. There will be no overtime charge for work
performed on locally recognized or national holiday or time spent in traveling to and from
the supervisors headquarters.
(c) Hours during which the supervisor is ready, willing and able to work up to 48 hours per
week shall be regarded as having actually been worked by him even though his services
are not in fact utilized.
The Purchaser shall secure any labor permit or any other authorization which may be required to
permit the Erection Supervisor to perform the services and any loss of the supervisor’s services
pending the procurement of any such permit or authorization shall be to the Purchaser’s account
and shall be paid for by the Purchaser.
The Purchaser shall furnish, at his own expenses, and assume responsibility for all labor and labor
supervision and shall make available all necessary installation to tools, except such special tools
as may be supplied by the Contractor pursuant to written agreement between the parties. The
supervisor may elect to bring certain personal tools which tools are to remain his property at all
times. The Purchaser shall assist the Supervisor in arranging entry and exit permit for such tools.
If any portion of the work of supervision by the Contractor proves to be defective within one (1)
year from the date of completion of supervision, the Contractor, if promptly notified thereof in
writing, will at his own expense, and at his option, with make repairs or supply replacement parts
directly to or for the equipment and necessary to correct any defect or defects in such equipment
directly resulting from such defective work of supervision on the part of the Contractor and will at
his own expenses, furnish the necessary supervision for such corrections. The contractors liability
in connection with his furnishing a supervisor hereunder shall in no event exceed the cost of
correcting any such defective work of supervision in the manner herein provided and upon the
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expiration of the said one (1) year, all such liability shall terminate. In no event shall the Contractor
be liable for special, indirect or consequential damages.
The Contractor shall not be liable for loss of damage due to delays in furnishing the services or in
the work resulting form any cause beyond the Contractor’s reasonable control including
compliance with any Government regulations, orders or instructions, acts of God, acts of omission
of Purchaser, acts of civil or military authority, fires, strikes, war earthquake, storm, volcanic
eruptions, landslide, riot or delays in transportation. The Purchaser shall advise the Contractor in
writing reasonably in advance of the date that the supervisor shall be required to start performance
of the services.
44.00 ERECTION OF PLANT AND MATERIALS
44.01 General
Unless otherwise mutually agreed to the provisions of this clause shall apply where the services for
erection of plant & material supplied by the contractor are included in the scope of work.
If so desired by the Purchaser, the Contractor shall receive the imported equipment, if any, at the
port of entry, clear them through Customs and make damage report through port broker. The
Contractor shall arrange for payment at prescribed rate of Customs Duty which will be reimbursed
by the Purchaser against Contractor’s valid documents.
The Contractor shall transport all imported equipment from port of entry to the site and unload all
Imported/Indigenous equipment at site. Escort service shall be provided, if necessary and called
for. All storage at port of entry or at railway station will be at Contractor’s charge.
The Contractor shall be responsible for complete installation of the equipment start-up and testing
at site.
All equipment and tools for transportation and erection shall be provided by the Contractor.
All materials and /or equipment, after receipt at site, shall be checked and verified against shipping
documents and all claims against loss or damage in transit shall be intimated to the purchaser. The
materials and/or equipment shall remain under the custody of the Contractor until the plant as a
whole is taken over by the Purchaser upon completion of the work. The Contractor shall take
adequate steps to ensure safety of such materials and / or equipment. Necessary stores receipt
certificates shall be issued to the Purchaser after the stores are checked and certified. No materials
and/or equipment pertaining to the Contract shall be removed from site without the consent in
writing of the Purchaser.
The Contractor shall be responsible for obtaining the correct reference lines for purposes of fixing
the alignment of various equipment.
44.02 Regulation of Local Authorities and Statues
The Contractor shall comply with the rules and regulations of local authorities during the
performance of his field activities. He shall also comply with the minimum wages Act, 1948 and the
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payment of wages act (both of the Government of India) and the rules made there under in respect
of any employee or workmen employed or engaged by him or his sub-Contractor.
All registration and statutory inspection fees, if any, in respect of his work pursuant to this contract
shall be to the account of the Contractor. However, any registration, statutory inspection fees
lawfully payable under the provisions of the Indian Boiler Regulations and any other statutory laws
and its amendments from time to time during erection in respect of the plant equipment ultimately
to be owned by the Purchaser, shall be to the account of the Purchaser. Should any such
inspection or registration need to be re-arranged due to the fault of the Contractor or his sub-
Contractor, the additional fees of such inspection and/or registration shall be borne by the
Contractor.
44.03 Work at Site
In the execution of work, no persons other than the Contractor or his appointed representative,
sub-Contractor and workmen shall be allowed to do work at site, except by the special permission
in writing of the Engineer or his representative, but access to the Works at all times shall be
accorded to the Engineer and his representative and other authorized officials or representatives of
the Purchaser.
Nevertheless, the Contractor shall not object to the execution of work by other Contractors or
tradesmen whose names shall have been previously communicated in writing to the Contractor by
the Engineer and afford them every facility for the execution of their several works simultaneously
with his own.
The Contractor shall at all times provide sufficient fencing, notice boards, lights and watchmen to
protect and warn the public and guard the works, and in default thereof the Purchaser may
provided such fencing, notice boards, lights and watchmen as he may deem necessary and charge
the cost thereof to the Contractor.
The work so far as it is carried out on the Purchaser’s premises shall be carried out at such time as
the Purchaser may approve and so as not to interfere unnecessarily with the conduct of the
Purchaser’s business but the Purchaser shall give the Contractor all reasonable facilities for
carrying out the work. No female labor shall be employed during dark hours.
The Contractor shall not employ for the purpose of the contract any person who is below the age of
eighteen years and shall pay to each laborer, for the work done by such laborer, wages not less
then the wages paid for similar work in the neighborhood. The Engineer shall have the right to
enquire into and decide any complaint alleging that the wages paid by the Contractor to any laborer
for the work done by such laborer is less than the wages paid for similar work in the neighborhood,
and to refuse appointment of labor less than eighteen years of age.
The Contractor shall make regular and prompt payment of wages to the laborers engaged on the
work and in not case the payment shall be delayed more than seven (7) days following the period
for which the wages are due. If it is found the workers are not paid regularly the contract is liable to
be rescinded. The Contractor shall comply strictly with the provisions of Labor Laws in this behalf.
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44.04 Manufacturer’s Supervision
The Contractor may be required to work under the supervision of the manufacturer’s Engineers,
where the Contractor is not the manufacturer. However, this will not relieve the Contractor of his
responsibility of the correctness of quality of workmanship.
44.05 Engineer’s Supervision
All the works shall be carried out under the direction and to the satisfaction of the Engineer. The
Contractor shall be responsible for the correctness of the positions, levels and dimensions of the
works according to the drawings, notwithstanding that he may have been assisted by the Engineer
in setting out the same.
44.06 Contractor’s Representative
The Contractor shall employ at least one competent representative, whose name or names shall
have previously been communicated in writing to the Engineer by the Contractor for approval to
superintend the erection of the plant and carrying our of the work. The said representative, or if
more than one be employed, one of the representative, shall be present at the site, during working
hours, and any written orders or instructions which the Engineer or his authorized representative
may give to the said representative of the Contractor, shall be deemed to have been given to the
Contractor.
The Engineer shall be at liberty to object to any representative or person employed by the
Contractor in the execution of or otherwise of the work who shall misconduct himself or be
incompetent, or negligent, and Contractor shall remove the person so objected to, upon receipt
from the Engineer or notice in writing requiring him to do so and shall provide; in his place a
competent representative at the Contractor’s expenses. The Contractor’s representatives to be
employed for the purpose of the work at site shall be made available when the Purchaser shall
inform the Contractor in writing to the effect. The services of the Contractor’s representative shall
be made available for such period as the Engineer may require and they shall work at all
reasonable times as may be necessary to complete the work within the period specified in the
Contract.
44.07 Program of work and Progress Reports
The Contractor shall submit at such times as may be required by the Engineer, schedules showing
the program and order in which the Contractor proposes to carry out the work, with dates and
estimated completion times of various parts of the work. Such schedules shall be approved by the
Engineer, prior to starting the erection. Such times shall be binding on the Contractor for purpose
of assessing the penalty as called for under subsequent clause. The Engineer may not allow the
Contractor to start work for non-submission of the time schedule of the erection program.
During the progress of work the Contractor shall submit monthly progress reports and photographs
and such other reports on the erection work and organization, as the Engineer may direct. The
progress indicated be arrived by agreement between the Contractor and the Engineer. The
Contractor shall also submit an anticipated one (1) month progress schedule at the beginning of
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each month describing in detail the anticipated progress for the following month. The Contractor
shall also submit every week a list of various categories of men working under him. Monthly
progress reports shall be submitted within the tenth day of the month following the reporting month.
44.08 Man - Power Report
The Contractor shall submit to Engineer, on the first day of every month, a man hour schedule for
the month, detailing the man hours scheduled for the month, skill wise and are wise.
The Contractor shall also submit to the Engineer on the first day of every month, a man power
report of the previous month detailing the number of persons scheduled to have been employed
and actually employed, skill wise and the areas of employment of such labor.
44.09 Extension of Time
The application for extension of time is to be given to owner/purchaser through the Engineer and
the owner/purchase may authorize extension of time after considering the due merits.
Whenever extension of time is granted by the owner/purchaser, the same shall be on the existing
terms and conditions of the contract and without any additional financial liability to the Owner. The
Contractor in any case shall have no claim whatsoever for any type of compensation on account of
any delay attributable to any one.
44.10 Liability for Accident and Damage
The Contractor shall Indemnify the Purchaser against any claims which may be made under the
workman’s Compensation Act, 1923, or any statutory modification thereof or otherwise for or in
respect of any damages or compensation payable in consequence of any accident or injury
sustained by any workman or other person whether in the employment of the Contractor or not. In
every case in which by virtue of the provisions of sub-section (1) of Section 12 of the Workman’s
compensation Act, 1923, the Purchaser is obliged to pay compensation to a workman employed by
the Contractor in execution of the works, the Purchaser will recover from the Contractor the amount
of the compensation so paid and without prejudice to the rights of the Purchaser under sub-section
(2) of Section 12 of the said Act. The Purchaser shall be at liberty to recover such amount or any
part thereof by deducting it from the Performance Bond or from any sum due by the Purchaser to
the Contractor whether under the contract or otherwise.
The Purchaser shall not be bound to contest any claim made against it under Section 12, sub-
section (1) of the said Act, except on the written request of the Contractor and upon his giving to
the Purchaser full security for all costs for which the Purchaser might become liable in
consequence of contesting such claim. In the event of claim being made or action brought against
the Purchaser involving the Contractor and arising out of the matters referred to and in respect of
which the Contractor is liable under this clause, the Contractor shall be immediately notified thereof
and he shall with the assistance, if so required by the Purchaser, but at the sole expense of the
Contractor, conduct all negotiations for the settlement of the same, or of any litigation that may
arise there from. In such case the Purchaser, at the expenses of the Contractor, afford all available
assistance for any such purpose.
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The Contractor shall be responsible for all loss, damage or depreciation to the plant until the plant
is taken over in accordance with clause ‘Taking Over’. The Contractor shall, during the progress
other work, properly cover up and protect the plant from injury by exposure to weather and; shall
take every reasonable, proper, timely and useful precaution against accident or injury to the same
from any cause shall be and remain answerable and liable for all accidents or injuries thereto
which, until the same be or be deemed to be taken over under clause ‘Taking Over’ may arise or
be occasioned by the acts or omissions or the Contractor of his workmen or sub- Contractors, and
all losses and damage to the Plant arising from such accidents or injuries as aforesaid shall be
made good in the most complete and substantial manner by and at the sole cost of the Contractor
and to the reasonable satisfaction of the Engineer.
Until the plant shall be or deemed to be taken over as aforesaid the Contractor shall also be liable
for and shall be deemed to have agreed to indemnity the Purchaser in respect of all damage to any
property of the Purchaser or of others occasioned by the negligence or fault of the Contractor or
sub-contractor or his or their workmen or representatives or by defective design, work or material
or otherwise.
The Contractor shall pay all taxes due in India for the personnel employed by the Contractor work
arising out of their services in connection with the contract and obtaining at his (Contractor’s) own
cost ‘work permits’ from competent authorities to enable any foreign personnel to work in India.
The Contractor shall be responsible for all formalities in connection with the passport, obtaining of
visas, police permits, and expenses for customs duties related to personal goods of foreign
personnel to be employed in the erection work. However, the Purchaser shall If requested, assist
the Contractor in obtaining visas and “work permits’ for the foreign personnel to be deputed for the
erection work.
44.11 Cleanliness
During erection, the Contractor shall, without any additional payment, at all times keep the working
and storage areas used by him free from accumulation of waste materials or rubbish. If the
Contractor fails to remove the rubbish, within forty eight (48) hours, after being requested by the
Engineer, the rubbish will be removed by others and cost back charged to the Contractor. Any
inflammable material should be removed forthwith on request by the Engineer.
Before completion of erection, the Contractor shall remove or dispose of in a satisfactory manner
all temporary structures, packing cases, waste and debris and leave the premises in a condition
satisfactory to the Engineer.
Similarly the labor colony, the offices and the residential areas of the Contractor’s employees and
workmen shall be kept clean & neat to the entire satisfaction of the Engineer. Proper sanitary
arrangements shall be provided by the Contractor, in the work areas office and residential areas of
the Contractors.
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44.12 Co-ordination with the Purchaser’s Engineers
The Contractor shall at all times work in co-ordination with the Purchaser’s Engineers and afford
them every facility to become familiar with the erection and maintenance of the equipment.
In respect of observance of local rules, administrative matters, co-ordination with other Contractors
and the like, the Contractor and his personnel shall work under the Purchaser’s Engineer in charge
of the work.
44.13 Work and Services to be provided by the Purchaser
Unless otherwise agreed upon, the following works and services shall be provided by the
Purchaser for carrying out complete erection work:
(a) Necessary civil works including concrete foundations, main roads within the construction
site, and leveling and cleaning of site as far as starting of erection work necessitates. The
Contractor for any equipment shall however furnish complete information for all foundation
anchor bolts, anchoring steel etc. in time to suit the civil design and construction schedule.
Any earth excavation and backfilling required in connection with erection work shall be the
Contractor’s responsibility.
(b) Water Supply
Water supply for construction purpose will be provided by the Purchaser at one mutually
agreed point at site. Drinking water will also be made available at one central point at site.
The Contractor shall make his own arrangement for any further distribution. Such
distribution pipe network shall have the prior approval of the Engineer at site so as not to
interfere with the layout and progress of other construction works. The water supply shall
be free of cost. Contractor shall ensure that there is no wastage of water. On completion of
the work, the Contractor shall remove all such work and shall reinstate and make good any
work disturbed to the satisfaction of the Engineer.
(c) Power Supply
(I) Electric power will be supplied at 400/440 V and shall be metered and charged at
the following rates:-
For lights and Fan: Rs. 1/- per KWH
For power: Rs. 1/- per KWH
The above rates will be subject to variations as applicable from time to time. No
claim shall be entertained for any change in the tariff rates
(II) Supply for execution of work will be made available at one point only. This point
will not be more than 500 meters away from the Contractor’s premises. The
Contractor shall make his own arrangement at his own cost for distribution of
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power to different worksites. This arrangement shall however, be coordinated and
laid with approval of the Engineer. Any change in the alignment of the Contractor’s
distribution lines necessitated by his work or another work must be done at
Contractor’s cost. The Engineer also reserves the right to change the location of
point of supply whether necessitated by his work or another work and the
Contractor shall make his own arrangement at his own cost for extending his
distribution line to the new location of supply point. A 3 phase armored cable shall
be used by the Contractor for connecting their equipment to Purchaser’s point
supply.
(III) The Purchaser shall not however, guarantee the supply of electricity and no
compensation for any failure or short supply of electricity will be entertained and
this does not relieve the Contractor of his responsibility for timely completion of the
work as stipulated in the Contract.
(IV) It shall be the responsibility of the Contractor to provide and maintain the complete
installation on the load site of the supply with due regard to safety requirement at
site. All cabling, equipment, installations etc. shall comply in all respects with the
latest statutory requirements and safety provisions, i.e. as per given in the
Central/State Electricity Acts and Rules etc. The Contractor will ensure that his
equipment and Electricity wiring etc. are installed, modified and maintained by a
licensed Electrician / Supervisor and before power is supplied, a test certificate is
to be produced to the Engineer for his approval.
(V) At all times, IEA Regulations shall be followed failing which the Purchaser has a
right to disconnect the power supply without any reference to the Contractor. No
claim shall be entertained for such disconnection by the Engineer. Power supply
will be reconnected only after production of fresh certificate from authorized
electrical supervisors.
(VI) The Purchaser will not liable for any loss or damage to the Contractor’s equipment
as a result of variation in voltage or frequency or interruption of power supply or
other loss to the Contractor arising there from.
(VII) The Contractor shall ensure that the Electrical equipment installed by him are such
that average power factor does not fall below 0.9 at this premises. In case P.F.
falls below 0.9 in any month, he will reimburse to the purchaser at the rate same
as OSEB’s rate for per unit fall of P.F. determined from time to time by Purchaser
all units consumed during the month.
(VIII) The power supply required for Contractor’s colony near the plant site will be
determined by the Purchaser and shall be provided as per State Electricity Board’s
Rules and other Statutory provisions applicable for such installations from time to
time. In case of power supply to Contractor’s colony, the power will be made
available at a single point and the Contractor shall make his own arrangement at
his own cost for distribution to the occupants of the colony as per Electricity Rules
& Acts. The site area and colony shall be sufficiently lighted to avoid accidents.
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(IX) The Contractor will have to provide and install his own light and power meters
which will be governed as per Central/State Govt. Electricity Rules. The meters
shall be sealed by the Purchaser.
(X) In case of damage to any of the Purchaser’s equipment on account of fault,

intentional or unintentional on the part of the Contractor, the purchaser reserves
the right to recover the cost of such damage from the contractor’s bill.
(XI) After completion of work, the Contractor shall promptly dismantle, at his own cost
distribution and other facilities that he may have erected and shall also remove the
same within a reasonable time fixed by the Engineer and on his failure to do so the
Purchaser will be entitled to realize from his reasonable compensation fixed by the
Engineer and also to remove them at the cost of the Contractor.
(XII) Only motors up to 3HP will be allowed to be started direct on line. For motors
above 3 HP and up to 100 HP suitable starting devices approved by the Purchaser
Engineer, shall be provided by the Contractor. For Motors above 100 HP slip ring
induction motors with suitable starting devices as approved by the Engineer shall
be provided by the Contractor.
(XIII) The single line distribution system with loadings and specifications shall be
submitted to the Engineer for his approval before the system is installed. The
system shall conform to Central/State Statutory provisions Act, with latest
amendments and to the Approved specifications of the company. The installations
have to be inspected and approved by the Electrical Inspector, Govt. of Orissa
before energisation.
(XIV) The total requirement of power shall be indicated by the tenderer in his tender and
confirmed within thirty days from the date of Letter of Intent.
(d) Land for Contractor’s Use
(I) The Purchaser will at his own discretion and convenience and for the duration of
the execution of the work make available near the site, land for construction of
Contractor’s field office, godowns, workshops and assembly yard required for the
execution of the contract. The Contractor shall at his own cost construct all these
temporary buildings and provide suitable water supply and sanitary arrangement
approved by the Engineer.
(II) On completion of the works undertaken by the Contractor, he shall remove all
temporary works erected by him and have the site cleared as directed by
Engineer. If the Contractor fails to comply with these requirements, the Engineer at
the expenses of the Contractor will remove such surplus and rubbish materials
and dispose off the same as he deems fit and get the site cleared as aforesaid,
and the contractor shall forthwith pay the amount of all expenses so incurred and
shall have no claim in respect of any such surplus materials disposed off as
aforesaid. But the Purchaser reserves the right to ask the Contractor any time
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during the pendency of the contract to vacate the land by giving 7 days notice on
security reasons on national interest or otherwise. A token rent of Rs. 100/-
(Rupees one hundred only) per hectare or part thereof per annum or part thereof
shall be charged for the land so occupied.
(III) Land for residential accommodation for staff and labor will be made available at
the discretion of the Engineer and rent for the same will be as decided by the
Engineer according to location and area taken by the Contractor.
(e) Electricity and drinking water at normal charges for labor quarters at a central point within
the land provided by the Purchaser. The cost of distribution, if any, shall be borne by the
Contractor.
(f) Assistance to the Contractor in obtaining Indian visas, residential or working permits for the
permits for the personnel, if necessary.
(g) Water and electricity as may be required for the initial starting up of the equipment free of
charge to Contractor.
(h) Necessary Engineers, operators and other personnel for start – up commissioning and
acceptance tests of the equipment free of charge to Contractor.
(i) Assistance in obtaining priorities for transportation, customs permit etc.

(J) Suitable access to site and possession of the site shall be afforded to the Contractor by the
Purchaser.
44.14 Work and Services to be provided by the Contractor
Unless otherwise agreed upon, the following work and services shall also be provided under the
erection contract.
(i) Clearing, unloading the equipment from the rail or road transport to Contractor’s
transport/vehicle and delivery the same to storage area. Demurrage charges, if incurred at
rail head or at site for default of the Contractor shall be paid by him
(ii) Opening of packing cases, Inspection and checking of materials. Repair and replacement
of contract material damaged or lost in transit or at site.
(iii) Final adjustment of foundation levels by chipping and dressing, checking location,
elevation etc. of anchor bolts and grouting or anchor bolts and base plates.
(iv) Complete erection of the equipment covered under the contract, final preparation for
testing, commissioning, final run and acceptance tests and putting the plant into
commercial operation.
(v) All consumable stores required for the above work, except those mentioned under Clause
44.13 (i).
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(vi) Watch and ward to ensure security and safety of materials under the custody.
(vii) Furnishing of residential accommodation to erection labor and other personnel.
(viii) Daily transport for his erection personnel to and fro between residence and site.
(ix) All erection tools and lifting tackles, also all equipment, tools and tackles for transportation
of all equipment to site. A list of such tools and tackle and equipment shall be submitted to
the purchaser before commencement of site work. These tools and tackle shall not be
removed from the site without written permission of the Engineer.
(x) All ladders, platforms, temporary supports and facilities required for handing of heavy
packages at site required for erection.
(xi) Necessary clerical staff, supervisory personnel skilled and unskilled labor.
(xii) Third Party Insurance at site and insurance of Contractor’s personnel employed at site as
required under Workmen’s Compensation Act.
(xiii) Site offices and covered storage as required.
(xiv) Postage, telephone and telegraph expenses.
(xv) Cleaning up of site during and after erection.
(xvi) Applying final paint to all equipment, piping, hanger etc. covered under the contract.
(xvii) Necessary supervisory personnel with approved license as per provisions of Indian
Electricity rules.
(xviii) If the Contractor uses his own crane, he must have a skilled crane operator.
(xix) Contractor must take all safety precautions during work and the workmen must use safety
belts, tested gloves, masks and other devices as necessary for safety of personnel
(xx) Contractor should provide identity badges for his employees. These should be properly
displayed during working hours.
(xxi) The Contractor shall employ only competent and skilled workmen fully experienced and
capable of performing duties assigned for them. When local laws required the employee
shall be required to acquire certificate of competency for his work from the competent
authority.
(xxii) Communication
The Contractor will make his own arrangement for all his communications needs such as
telephone, telex etc. at his site office and his residential area. Purchaser will assist in
getting the above facilities, in case he finds and difficulty.
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(xxiii) First - Aid
The Contractor shall provide necessary first-aid facilities for all his employees,
representatives and workmen working at site. Enough number of contractor’s personnel
shall be trained in administering first-aid.
(xxiv) Welfare facilities
Contractor shall provide in his labor colony all necessary standard welfare facilities like
canteen, shopping facility etc.
44.15 Lines and Grades
All the works shall be performed to the lines/alignments, grades and elevations indicated on the
drawing. The Contractor shall be responsible to locate and layout the works area. Basic horizontal
and vertical control points will be established and marked by the Engineer at site at suitable points.
These points shall be used as datum/reference points for the works under the contract. The
Contractor shall inform the Engineer well in advance of the times and places at which he wishes to
do work in the area allotted to him, so that suitable datum reference points may be established and
checked by the Engineer to enable the Contractor to proceed with his works. Any work done
without being properly located may be removed and/or dismantled by the Engineer at Contractor’s
expenses.
44.16 Fire Protection
(a) The work procedures that are to be used during the erection shall be those which minimize
fire hazards to the extent practicable. Combustible materials, combustible waste and
rubbish shall be collected and removed from the site at least once each day. Fuels, oil and
volatile or flammable materials shall be stored away from the construction and equipment
and materials storage area in safe containers. Adequate precaution shall be taken in
handling and storage of flammable gas. Care shall be taken to avoid and reduce hazards
from electrical short circuits and faults. Untreated canvas paper, plastic or other flammable
flexible materials shall not at all be used at site for any other purpose unless otherwise
specified. If any such materials are received with the equipment at the site, the same shall
be removed and replaced with acceptable material before moving into the construction
area of storage.
(b) Similar corrugated paper fabricated cartons etc. will not be permitted in the construction
area either for storage or for handling of materials. All such materials used shall be of
water proof and flame resistant type. All the other materials such as working drawings
plans etc. which are combustible but are essential for the works to be executed shall be
protected against combustible resulting from welding sparks, cutting flames and other
similar fire sources.
(c) All the Contractor’s supervisory personnel and sufficient number of workers shall be
trained for fire - fighting and shall be assigned specific fire protection duties. Enough of
such trained personnel must be available at site during the entire period of the Contract.
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(d) The contractor shall provide enough fire protection equipment of the types and number for
the ware - houses, office, temporary structures, labor colony area etc. Access to such fire
protection equipments shall be easy & kept open at all times.
44.17 Materials Handling & Storages
(a) All the equipments furnished under the Contract and arriving at site shall be promptly
received, unloaded and transported and stored in the storage spaces by the contractor.
(b) The Contractor shall be responsible for examining all the shipment and notify the engineer
immediately of any damages, shortages; discrepancy etc. for the purpose of Engineer’s
information only. The Contractor shall submit to the Engineer every week a report detailing
all the receipts during the week. However, the Contractor shall be solely responsible for
any shortages or damage in transit, handling and/ or storage & erection of the equipment
at site. Any demurrage, wharfage and other charges claimed by the transporters, railways
etc. shall be to the account of Contractor.
(c) The Contractor shall maintain an accurate & exhaustive record detailing out the list of all
equipment received by him for the purpose of erection & keep such record open for the
inspection of the Engineer at any time.
(d) All equipments shall be handled very carefully to prevent any damages or loss. No bare
wire, rope, slings etc. shall be used for unloading and/ or handling of the equipment
without the specific written permission of the Engineer. The equipment stored shall be
properly protected to prevent damages either to the equipment or to the floor where they
are stored. The equipment from the store shall be moved to the actual location at the
appropriate time so as to avoid damage of such equipment at site.
(e) All electrical panels, control gear, motors and such other devices shall be properly dried by
heating before they are installed and energised. Motor bearings, slip rings, commutators
and other exposed parts shall be protected against moisture ingress and corrosion during
storage and periodically inspected. Heavy rotating parts in assembled conditions shall be
periodically rotated to prevent corrosion due to prolonged storage.
(f) All the electrical equipment such as motors, generators, etc. shall be tested for insulation
resistance at least once in three months from the date of receipt till the date of
commissioning and a record of such measured insulation values maintained by the
Contractor. Such records shall be open for inspection by the Engineer.
(g) The Contractor shall ensure that all the packing materials and protection devices used for
the various equipment during transit and storage are removed before the equipment are
installed.
(h) The consumables and other supplies likely to deteriorate to storage must be thoroughly
protected and stored in a suitable manner to prevent damage or deterioration in quality by
storage.
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(i) All the materials stored in the open or dusty location must be covered with suitable
weatherproof and flame-proof covering material wherever applicable.
(j) If the materials belonging to the Contractor are stored in areas other than those earmarked
for him the Engineer will have the right to get it moved to the area earmarked for the
Contractor at the Contractor’s cost.
(k) The Contractor shall be responsible for making suitable indoor storage facilities to store all
equipment which required indoor storage. Normally, all the electrical equipment such as
motors, control gear, generators, exciters and consumables like electrodes, lubricants etc.
shall be stored in the closed storage space. The Engineer, in addition, may direct the
Contractor to move certain other materials which in his opinion will require indoor storage
areas which the Contractor shall strictly comply with.
44.18 Construction Management
(a) The field activities of the Contractors working at site will be coordinated by the Engineer
and the Engineer’s decision shall be final in resolving any disputes or conflicts between the
contractors and tradesmen of the Purchaser regarding scheduling and co-ordination of
work. Such decision by the Engineer shall not be a cause for extra compensation or
extension of time for the Contractor.
(b) The Engineer shall hold weekly meetings of all the Contractors working at site, at a time
and a place to be designated by the Engineer. The Contractor shall attend such meetings
and take notes of discussions during the meeting and the decisions of the Engineer and
shall strictly adhere to those decisions in performing his works. In addition to the above
weekly meetings, the Engineer may call for other meetings either with individual
contractors or with selected number of contractors and in such a case the Contractor, if
called, will also attend such meetings.
(c) Time is the essence of the Contract and Contractor shall be responsible for performance of
his woks in accordance with the specified construction schedule. If at anytime, the
Contractor is falling behind the schedule, he shall take necessary action to make good for
such delays by increasing his work to comply with the schedule and shall communicate
such actions in writing to the Engineer, satisfying that his action will compensate for the
delay. The Contractor shall note be allowed any extra compensation for such action.
(d) The Engineer shall however not be responsible for provision of additional labor and/ or
materials or supply or any other services to the Contractor except for the co-ordination
work between various entities as set out earlier.
44.19 Safety Regulations
(a) Without prejudice to the general obligation under the statutes the Contractor shall ensure
the safety of all the workmen, materials and equipment either belonging to his or to others
working at site.
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b) The Contractor will notify the Engineer of his intention to bring on to site any equipment or
any container, with liquid or gaseous fuel or other substance which may create hazard.
The Engineer shall have the right to prescribe the conditions under which such equipment
or container may be handled and used during the performance of the works and the
Contractor shall strictly adhere to such instructions. The Engineer shall have the right to
inspect any construction plant and to forbid its use, if in his opinion it is unsafe. No claim
due to such prohibition shall be entertained by the Purchaser.
c) Where it is necessary to provide and / or store petroleum products or petroleum mixtures

and explosives, the Contractor shall be responsible for carrying out such provision and / or
storage in accordance with the rules and regulations laid down in Petroleum Act, 1934,
Explosive Act 1948 published by the Chief Inspector of Explosives of India. All such
storage shall have prior approvals of the Engineer. In case any approvals are necessary
from the Chief Inspector of Explosives or any statutory authorities, the Contractor shall be
responsible for obtaining the same.
d) The Contractor shall be responsible for provisions of all safety notices and safety
equipment required both by the relevant legislations and the Engineer as he may deem
necessary.
e) The Contractor shall be responsible for the safe storage of his and his sub - contractor’s
radioactive sources, if any.
f) In no circumstances will the Contractor interfere with fuses and electrical equipment
belonging to the Purchaser or other Contractors.
g) Before the Contractor connects any electrical appliances to and plug or socket belonging
to the other Contractor or Purchaser, he shall -
i) Satisfy the Engineer that the appliance is in good working condition;
ii) Inform the engineer of the maximum current rating, voltage and phases of the
appliances;
iii) Obtain permission of the Engineer detailing the sockets to which the appliances
may be connected.
h) The Engineer will not grant permission to connect until he is satisfied that -
i) The appliance is in good condition and fitting with a suitable plug;
ii) The appliance is fitting with a suitable cable having two earth conductors, one of
which shall be an earthed metal sheath surrounding the cores.
i) No electric cable in use by the Contractor/Purchaser will be distributed without prior

permission. No weight of any description will be imposed on any such cable and no ladder
or similar equipment will rest against or he attached to it.
56
j) No work shall be carried out on any live equipment. The equipment must be made safe by
the Engineer and permit - to - work issued before any work is carried out.
k) The Contactor employs the necessary number of qualified, full time electricians to maintain
his temporary electrical installation.
45.00 FOREIGN PERSONNEL
45.01 The Contractor shall submit to the purchaser data on all personnel he proposes to bring into India
for the performance of the works under the contract at least sixty (60) days prior to their departure
to India. Such data will include for each person the name, his present address, his assignment and
responsibility in connection with the works, and a short resume of his qualification, experience etc.
in relation to work to be performed by him.
45.02 Any person unsuitable and unacceptable by the purchaser shall not be brought to India. Any
person brought to India, if found unsuitable or unacceptable by the purchaser, the Contractor shall
within a reasonable time make alternative arrangements for providing a suitable replacement and
repatriation of such unsuitable personnel.
45.03 No person brought to India for the purposes of the works shall be repatriated without any consent
of the purchaser in writing, based on a written request from the Contractor for such repatriation
giving reasons for such an action to the Engineer. The purchaser may give permission for such
repatriation that the progress of work will not suffer due to such repatriation.
45.04 The Contractor and his expatriate personnel shall respect all India Acts, Laws, rules and
regulations and shall not in any way interfere with Indian political and religious affairs and shall
conform to any other rules and regulations the Government of India, the purchaser and the
Engineer may establish from time to time, on them.
The Contractor expatriate personnel shall work and living in close coordination and coordination
with their co workers and the community and shall not engage themselves in any other
employment either part - time or full - time nor shall they take part in any local politics.
45.05 The purchaser shall assist the Contractor, to the extent possible in obtaining necessary permits to
travel to India and back by issue of necessary certificates and other information needed by the
Government agencies.
46.00 DEATH, BANKRUPTCY ETC.
If the Contractor shall die or dissolve or commit any act of bankruptcy or being a Corporation,
commence to be would up except for reconstruction purposes or carry on its business under a
receiver, the executors, successors or other representatives in law of the estate of the Contractor
or any such receiver, liquidator or any person in whom the contract may become vested, shall
forthwith give notice thereof in writing to the purchaser and shall for one month, during which he
shall take all reasonable steps to prevent a stoppage of the work, have the option of carrying out
the contract subject of the approval of Purchaser and subject to his or their providing such
guarantee as may be required by the Purchaser but not exceeding the value of works for the time
57
being remaining unexecuted, provided however that nothing above said shall be deemed to relieve
the Contractor or his successors of his or their obligations under the contract under any
circumstances. In the event of stoppage of the works the period of the option under this clause
shall be fourteen (14) days only, provided that should be above option be not exercised, the
contract may be terminated by the purchaser by notice in writing and the same power and
provisions reserved to the Purchaser in clause `Negligence’ in the event of taking the work out of
the Contractor’s hands shall immediately become operative.
47.00 GRAFTS AND COMMISSION ETC.
Any graft, commission, gift or advantage given promised or offered by or on behalf of the
Contractor or his partner, agent, officers, director, employee or servant or any one on his or their
behalf in relation to the obtaining or to the execution of this or any other contract with purchaser,
shall in addition to any criminal liability which it may incur, subject the contractor to the cancellation
of this and other contracts and also to payment of any loss or damage to the purchaser resulting
from any cancellation. The purchaser shall then be entitled to deduct the amounts so payable from
any money otherwise due to the Contractor under the contract.
48.00 COMPLETION OF CONTRACT
Unless otherwise terminated under the provisions of any other relevant clause, this contract shall
be deemed to have been completed all the expiration of the guarantee period as provided for under
the clause entitled `Guarantee Period’ as provided for under the clause entitled `Guarantee’ and
only on issue of a certificate to that effect and not otherwise.
49.00 DEFENCE OF SUITS
In any action in court is brought against the purchaser or Engineer or an officer or agent of the
purchaser, for the failure or neglect on the part of the contractor to perform any acts, matters,
convenants or things under the contract, or for damage or injury caused by the alleged omission or
negligence on the part of the Contractor, his agents, representatives or his sub-contractors,
workmen, suppliers, or employees, the Contractor shall in all such cases indemnify and keep the
purchaser, and the Engineer and / or his representative harmless from all losses, damages,
expenses or decrees arising of such action.
50.00 ARBITRATION
All disputes or differences arising under the contract whether during or after completion of the
contractor or whether before or after determination, for closure or breach of the contract (other than
those in respect of which the decision of any person is by the contract expressed to the final and
binding) shall after written notice by either party to the contract to the other of them and to the
Appointing Authority hereinafter mentioned be referred for adjudication to a sole Arbitrator to be
appointed as hereinafter provided.
For the purpose of appointing the sole Arbitrator referred to above, the CMD NALCO who shall be
Appointing Authority will send within thirty days of receipt of the notice to the Contractor a panel of
three names of persons.
58
The Contractor shall on receipt of the names as referred select any one of the person names to be
appointed as a sole Arbitrator and communicate his name to the Appointing authority within thirty
days of receipt of the names. The Appointing Authority shall there upon appoint the said person as
the sole Arbitrator. If the Contractor fails to communicate such selection as provided above within
the period specified, the Appointing Authority shall make the selection and appoint the selected
person as the Sole Arbitrator.
If the Arbitrator so appointed is unable to / unwilling to act or resigns his appointment or vacates his
office due to any reason whatsoever sole arbitrator or shall be appointed as aforesaid. The work
under the contract shall not be stopped during the arbitration proceedings.
The Arbitrator shall be deemed to have entered on the reference on the date he issues notices to
both the parties fixing the date of first hearing.
The Arbitrator may, from time to time, with the consent of the parties, enlarge the time for making
and publishing the awards.
The Arbitrator shall give a separate award in respect of each dis pute or difference and shall give a
reasoned and speaking award / awards.
The venue of arbitration shall be at Bhubaneswar. However, if the situation so warrants, it may as
and when required, he held at the place where the site of work is situated.
The fees, if any, of the Arbitrator shall, if required to be paid before award is made and published,
be paid half and half by each of the parties. The cost of the reference and of the award including
the fees, if any, of the Arbitrator shall be in the discretion of the Arbitrator who may direct to and by
whom and in what manner, such costs or any part thereof shall be paid and may fix or settle the
amount of costs to be so paid.
The award of the arbitrator shall be final and binding on both the parties.
Subject to aforesaid the provisions of the Arbitration Act 1940 or any statutory modification or re-
enactment thereof and the rules made there under, and for the time being in force, shall apply to
the arbitration proceeding under this clause.
For Public Sector Enterprises guidelines as per circular of BPE No. 15.9.86 - BPE (FIN) dtd.
30.03.1989 as amended from time to time will be applicable for resolving any disputes.
51.00 CORRESPONDENCE
The Purchaser shall ordinarily correspond with the Contractor at the address furnished by the
Contractor.
The Contractor shall ordinarily forward two (2) copies of all correspondence relating to this contract
to the Purchaser and two (2) copies to the Consulting Engineer or his representative as may be
requested.
59
Two (2) copies of all correspondence from the Contractor to Purchaser’s other Contractors for
associated plants shall be forwarded to the Purchaser and the Consulting Engineer.
All drawings and correspondence to the Purchaser and the Consulting Engineer shall be
transmitted by the Contractor via Air Mail or alternatively by means involving the minimum time of
transit.
If so desired by the Purchaser, a formal Agreement shall be entered into by the Contractor with the
Purchaser for the proper fulfillment of the Contract.
The expenses of completing and stamping the Agreement shall be paid by the Contractor, and the
Purchaser shall be furnished free of charge with an executed stamped counterpart of the
Agreement as also copies of the Agreement as may be required by the purchaser.
Any tender drawing, technical data and / or correspondence which forms the basis of an order or a
contract aforesaid, or which may be furnished by the Contractor for the Purchaser’s approval or
information as provided under the said order or contract, shall be in English and it is in any other
language, a complete translation in English shall have to be duly furnished. The Purchaser shall
not be bound to consider any tender drawing, technical data or correspondence which is not
furnished in English.
53.00 PAYMENTS
53.01 The payment to the Contractor for the performance of the works under the contract will be made by
the purchaser as per the guidelines and conditions specified herein. All payments made during the
contract shall be on account of payments only. The final payment will be made on completion of all
the works and on fulfillment by the Contractor of all his liabilities under the contract.
53.02 Currency of Payment
The payments for the foreign currency potion of the contract price will be made in the currency of
the bid. If the bid is in a currency other than that of the country of origin of goods, payment may be
made in an amount equivalent to the bid price in the currency of the country of origin. The Indian
Rupees portion of contract price stated in the contractor’s bid will be paid in Indian Rupees.
53.03 Payment Schedule
The Contractor shall prepare and submit to the Engineer for approval, break-up of the contract
price. The contract price break-up shall be interlinked with the agreed detailed PERT Network of
the Contractor setting forth his starting and completion dates for the various key phases of works.
Any payment under the contract shall be made only after the contractor’s price break-up is
approved by the Engineer. The aggregate sum of the contractor’s price break down shall be equal
to the lump sum contract price.
60
53.04 Application for Payments
The Contractor shall submit application for the payments in the prescribed proforma of the
purchaser.
The foreign contractor shall submit to the Engineer separate applications for payment in different
currencies whenever payment is to be made in more than one currency.
Each such application shall state the amount claimed and shall set forth in details, in the order for
the payment schedule particulars of the works including the works executed at site and of the
equipment shipped/brought on to the site pursuant to the contract up to the date mentioned in the
application and for the period covered since the last preceding certificate, if any.
Every interim payment certificate shall certify the contract value of the works executed up to the
date mentioned in the application of the payment certificate, provided that no sum shall be included
in any interim payment certificate in respect of the works that, according to the decision of the
Engineer, does not comply with the contract, or has been performed, at the date of certificate
prematurely.
53.05 Terms of Payment
Subject to any deduction which the Purchaser may be authorized to make under the contract, the
Contractor shall, on the certificate of the Engineer be entitled to payments generally as follows:
A) Supply
- 80% shall be paid for each consignment dispatched pro-rata against presentation
of each invoices and evidence of shipment/dispatch.
- 10% shall be paid after completion of erection.
- 10% shall be paid after completion of satisfactory commissioning and performance

guarantee tests.
B) Marine Freight and Insurance
The ocean freight wherever payable shall be paid on production of invoices, evidence of
shipment and other supporting documents for ocean freight and marine insurance
components. In case of contracts inclusive of ocean freight and marine insurance total of
the payments shall not exceed the total amount quoted by the Contractor in his bid.
C) Inland Transportation and Inland Insurance
Inland transportation (including port handling) shall be paid after the equipment has been
received at site on production of invoices for such charges. Wherever this is included in the
contract the aggregate of all such invoices shall not exceed the total amount indicated by
the Contractor in his proposal.
61
D) Erection Services
- 80% shall be paid for the progress made during the month on monthly progress
bills against certification by the Engineer.
- 10% shall be paid on completion of erection and Tests on Completion.
- 10% shall be paid on completion of the successful commissioning and guarantee

tests.
54.00 MISCELLANEOUS
54.01 Entire Agreement
These General Conditions together with the specification, tender drawing and guaranteed technical
particulars, tender data with subsequent agreed modification thereof shall constitute the entire
Agreement between the parties in respect of the subject matter hereof. No variation or modification
of the contract or waiver of any of the terms and conditions thereof shall be deemed valid unless in
writing and signed by the parties hereto.
54.02 General Conditions of Contract, the tender specifications and other contract / tender documents
are to be taken as mutually explanatory to one another. However, in case of conflict between these
documents, the technical specification, special conditions of the contract and general conditions of
the contract shall have precedence in that order.
54.03 Endorsement of Terms
The failure of either party to endorse at any time any of the provisions of the contract or any rights
in respect thereto or to exercise an option herein provided shall in no way be construed to be a
waiver of such provisions, rights or option or in way to effect the validity of the Contractor. The
exercise by either party of any of his rights here in shall not preclude or prejudice either party from
exercising the same or any other right it may have hereunder.
54.04 Contract Labor Regulation & Abolition
The Contractor shall be responsible for all statutory obligations under Contract Labor (Regulation &
Abolition) Act 1970. E.S.I. and Provident Fund Acts, as applicable, for their labor and staff engaged
in executing this work. The Contractor will also keep the Purchaser indemnified against all claims
and disputes arising out of death or injury to their workmen and staff. It will be necessary for the
contractor to ensure that proper safety measures are followed by their workmen to avoid
accident/damage/loss to life and property. Approved safety belts must be used by their workmen
when working at any height. Charges for above are deemed included in the quoted rates and
accepted amount.
62
54.05 Recover of Damages
Nothing contained in the conditions or in any other part of this Contract shall be construed as
preventing the Purchaser from the Contractor any damages to which the purchaser may be entitled
in law as a consequence of any breach by the Contractor of any of the terms of this Contract.
63
Bid Securing Declaration Form
Date:___________________ Tender No.
To (insert complete name and address of the purchaser)
I/We. The undersigned, declare that:
I/We understand that, according to your conditions, bids must be supported by a Bid Securing Declaration.
I/We accept that I/We may be disqualified from bidding for any contract with you for a period of Two Years
from the date of notification if I am /We are in a breach of any obligation under the bid conditions, because
I/We
a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our Bid during
the period of bid validity specified in the form of Bid; or
b) having been notified of the acceptance of our Bid by the purchaser during the period of bid
validity (i) fail or reuse to execute the contract, if required, or (ii) fail or refuse to furnish the
Performance Security, in accordance with the Instructions to Bidders.
I/We understand this Bid Securing Declaration shall cease to be valid if I am/we are not the successful
Bidder, upon the earlier of (i) the receipt of your notification of the name of the successful Bidder; or (ii)
thirty days after the expiration of the validity of my/our Bid.
Signed: (insert signature of person whose name and capacity are shown)
in the capacity of (insert legal capacity of person signing the Bid Securing Declaration)
Name: (insert complete name of person signing he Bid Securing Declaration)
Duly authorized to sign the bid for an on behalf of (insert complete name of Bidder)
Dated on _____________ day of ___________________ (insert date of signing)
Corporate Seal (where appropriate)
(Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all partners to the
Joint Venture that submits the bid)
Commercial Questionnaire
(Fire Detection And Protection System Package)
Rev 00 Page 1 of 8
Plant Client Contract Code Document ID Contract No.
Commercial Questionare
(Fire Detection And Protection System Package )
Rev 00 Page 2 of 8
COMMERCIAL QUESTIONNAIRE
Bid Document No : 6695-CMG-G00-CA-0028

Rev 00 Page 3 of 8
SL. BIDDER’s REPLY /

NALCO/tkIS-INDIA’s QUERY
No. CONFIRMATION
1. Please confirm that Master Index Document
along with Amendment, if any, duly signed and
stamped on each page has been submitted
along with the Bid.
2. Confirm that all pages of the Bid have been
numbered in sequential manner.
3. Confirm that Bid has been submitted as per
Instructions to Bidders (ITB).
4. Confirm that you have studied complete
Bidding Document including Technical and
Commercial Part and your Bid is in accordance
with the requirements of the Bidding Document.
5. Confirm that the price part does not include

any stipulation, deviation, terms & conditions,
presumption, basis etc.
In case any stipulation, deviation, terms &
conditions, presumption, basis etc. is mentioned
in the price part, the same shall be treated
as null and void.
6. Confirm your compliance to total scope of work
mentioned in the Bidding Documents.
7. Confirm your acceptance for scope of supply
mentioned in the Bidding Documents.
Please note that scope of supply mentioned
in the Bidding Documents is not limitative
and except for the material specifically
identified as that to be issued by OWNER,
CONTRACTOR's scope shall include supply
of all materials required for completion of
Work irrespective of whether such materials
are mentioned in the Bidding Documents or
not.
8. Confirm your acceptance for Time Schedule

as mentioned in Appendix-1 to Special
Conditions (Part A) of LSTK Contract.
Rev 00 Page 4 of 8
SL. BIDDER’s
No. REPLY/CONFIRMATION
9. Confirm that your quoted price complies with the
following also: -
i) Taxes / levies as per the provisions of Bidding

Document.
ii) Insurance as per the provision of the
Bidding Document.
10. Confirm your acceptance for critical
stipulations of the Bidding Documents.
11. Confirm that your Bid is substantially

responsive to the requirements of the Bidding
Documents, and you have not stipulated any
deviation and submitted all details as specified
in the Bidding Document.
12. Confirm that while proposing the list of
construction equipment, you have considered
the following eqpt as a minimum:
- Cranes of adequate capacity

- Excavator with attachment for hard rock
- DG Sets
- Compressors
- Spray Painting Machines
- Test pumps
- Adequate nos. Of Welding Machines
- All relevant civil construction eqpts.
- All Electrical eqpts.
- All Instrumentation eqpts
- All construction equipment as specified
elsewhere in the Bidding Document
13. Confirm that you have proposed adequate

project/site organisation with key and
supervisory personnel having qualification and
experience as per Appendix-4 of Special
Conditions (Part A) of LSTK Contract, and as
specified elsewhere in the Bidding Document.
Rev 00 Page 5 of 8
SL. BIDDER’s
14. Confirm that all costs for safe execution of

Work, such as but not limited to safety
induction, use of protective clothing, safety
glasses and helmet, safety precaution taken
during monsoon, or any other safety measures
to be undertaken by the CONTRACTOR for
execution of Work are included in the
Lumpsum Price.
15. Please confirm that all safety rules &

regulations as mentioned in Bidding Document
or notified at later date by OWNER during
execution shall be adhered to by
CONTRACTOR within Lumpsum Price.
16. Confirm that the following safety precautions

shall be followed by CONTRACTOR as
mandatory:
- Use of safety goggles while grinding
- Use of helmet / safety shoes
- Crane movement area to be barricaded
- Cylinders of flammable gases to be stacked
upright
- Earthing of equipment to be made proper
- Toe boards to be provided in scaffolding
platforms
- Excavations to be properly shored /
slopped
- Safety net for construction
- All other safety measures and precautions
as stipulated elsewhere in the Bidding
Document.
Rev 00 Page 6 of 8
SL. BIDDER’s
17. Confirm the following: -

"The planning schedule, S-curves, manpower
estimates, construction equipment deployment
schedule etc; submitted by the Bidder with his
bid, are indicative and shall not be basis for
extra compensation in case actual needs are
higher.
Detailed planning schedule developed by
CONTRACTOR after Contract award may be
subject to fluctuations depending upon actual
progress of the project and available Work front.
Co-ordination and making available by
CONTRACTOR of all staff, manpower,
construction equipment, tools, cranes, etc. and
materials as required for a timely completion of
all Work as per OWNER's construction and
priority schedule and in accordance with the
available Work front are to be included in
the pricing".
Notwithstanding the above provision, the Bidder
shall submit these details in accordance with the
volume of work, which may be reviewed and
commented by OWNER/PMC during pre award
stage/ post award stage.
18. Please furnish the bio data of key personnel

including nominated Project Director Project
Manager, Engineering Manager, Engineering
Co-ordinator, Purchase Manager, QA/QC
Manager, Commissioning Manager,
Commissioning Engineer, etc. These will be
reviewed and approved by Engineer-in-charge.
19. Please confirm that your Lumpsum Price
includes the cost for all inspection and testing(
including Third Party Inspection ) as per the
provisions of the Bidding Document.
Rev 00 Page 7 of 8
SL. BIDDER’s REPLY /

No. CONFIRMATION
SL. BIDDER’s
20. Please confirm that the CONTRACTOR shall
supply all chemicals, consumables
required for pre-commissioning as per
provisions of Bidding Document.
21. The safety measures as mentioned in

GCC/SCC/Bidding Document shall not be
considered as limitative. The CONTRACTOR
will be required to also develop their stringent
safety measures and submit the same to
Engineer-in- charge with the provision of a
dedicated safety group closely monitoring the
construction activities in all working shifts.
22. Please confirm that your sub contractor for
construction shall meet the requirements as
specified in the Bidding Document including the
Special Conditions of LSTK Contract and the
GCC. Also that the agency for executing
Electrical work shall have a valid licence for
carrying out the Work in the State of Odisha.
23. Confirm that your bid is valid for 6 Months from
the due date ( or extended due date, if any ) of
submission of bid
Rev 00 Page 8 of 8
24. Refer Clause No. 6.1 of SCC (Part – B) Yes / No. If yes, then % of
regarding Mobilisation Advance. Bidder to Mobilisation Advance required
confirm whether they require Mobilisation is ........%.
Advance as per Clause No. 6.1 of SCC (Part B).
If YES, % of mobilsation advance required is to
be indicated.
25. (A) Confirm that Bidder is achieving the
minimum local content mentioned in the MII (A)
document (refer Annexure 8 to ITB). Bidder to
enclose the Declaration in this regard as
mentioned in the MII document.
( B ) Confirm whether Bidder is Class I or Class (B)
II local supplier ( refer Annexure 8 to ITB) .
26. Confirm that Bidder has furnished the Integrity
Pact as per the Bidding Document.
27. Bidder to note and take cognizance of the following
list of Government Guidelines for Public
Procurement ( issued by GOI):
1. Restrictions under Rule 144(xi) of the GFR 2017-
DOE OM No.6/18/2019-PPD dated 23.07.2020.
Confirm that Bidder has furnished both the
certificates related to Guidelines for eligibility
of a bidder from a country which shares a
land border with India ( refer ITB).
(STAMP AND SIGNATURE OF BIDDER)

1.0 MTPA ALUMINA
DAMANJODI, ODISHA
SP FORMS
Fire Detection & Protection System Package
Rev 00 Page 1 of 1
Bidding Document No : 6695-CMG-G00-CA-0028 FORM SP-3
PRICE SCHEDULE FOR ONE YEAR OPERATION AND MAINTENANCE SPARES
(Other than commissioning & Mandatory required during the defect liability period)
THIS FORM SP-3 SHOULD NOT BE UPLOADED IN THE CPP PORTAL. THIS FORM SHOULD BE DULY FILLED IN,
STAMPED AND SIGNED BY THE BIDDER AND SHOULD BE SUBMITTED IN HARD COPY (ORIGINAL) IN A SEALED
ENVELOPE TO M/S. NALCO, BHUBANESWAR , ON OR BEFORE THE BID SUBMISSION DUE DATE.
INDIAN RUPEES (INR) ON FOT NALCO SITE BASIS ( INCL P & F &
DESCRIPTION FREIGHT CHARGES ) BUT EXCL GST
NAME(S) OF
S. OF
UNIT QTY RECOMMENDED
NO. RECOMMENDED
MANUFACTURER(S) IN FIGS.( INR )
SPARES
Note: 1. The above prices in Form SP-3 shall not be considered in the evaluation of bids.
__________________________
SIGNATURE & SEAL OF BIDDER

Vol 1 Index ITB ETC

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Page 1 of 4

SR. NO. VOLUME NO. NO. OF SECTIONS DESCRIPTION

1 6695-CGM-G00-CA-0028 Sub-Vendor List for FDA & Fire Protection Equipment 00

2 6695-HES-537-CA-0002 Spare Philosophy 00

1 Quality Assurance Plan Requirement

3 1 6695-CMG-G00-CA-0004 Construction Management Requirements 01

3 General Engineering Specification

4 Blank Datasheets of Major Equipments

2.1.2 6695-CVC-G00-DD-0001_Part B Geotechnical Investigation Report - 5th Stream Alumina Refinery 00

2.2.2 6695-CVC-G00-DD-0002_PartB Traverse & Topographic Survey (Contour Plan) Report 00

ACKNOWLEDGEMENT CUM CONSENT LETTER

ACKNOWLEDGEMENT CUM CONSENT LETTER

thyssenkrupp Industrial Solutions (India) Private Limited

KIND ATTN: Mr. T. S. Bharadwaj / Mr. Abhay Budgude

Bid Document No : 6695-CMG-G00-CA-0028

We hereby acknowledge receipt of a complete set of Bidding Document along with

ii b) MOBILE NUMBER : ______________________

iv) CONTACT PERSON :

B) Contact person in India, if any:

ii) TELEPHONE / MOBILE :

iv) CONTACT PERSON :

C) We are unable to submit Bid for the reasons given below.

Reasons for non-submission of Bid:

INSTRUCTIONS TO BIDDERS (ITB)

Bidding Document No : 6695-CMG-G00-CA-0028

INSTRUCTIONS TO BIDDERS (ITB)

INDEX TO INSTRUCTIONS TO BIDDER (ITB)

44.0 INDEPENDENT EXTERNAL MONITOR (IEM)

INSTRUCTIONS TO BIDDERS (ITB)

45.0 ANTI-PROFITEERING PROVISIONS

a) PROFORMA FOR FOREIGNER'S VISIT - TEMPORARY GATE PASS( NOT

INSTRUCTIONS TO BIDDERS (ITB)

With respect to this document, the following definitions shall apply:

INSTRUCTIONS TO BIDDERS (ITB)

viii) "BQC" means Bidders' Qualification Criteria.

2.0 COST OF BIDDING

3.0 SITE LOCATION / SITE VISIT

3.1 SITE LOCATION

Plant Location: Country : India

3.2 SITE VISIT

INSTRUCTIONS TO BIDDERS (ITB)

3.2.3 For site visit, the bidder may contact :

3.3 ENTRY OF FOREIGN NATIONALS TO REFINERY PREMISES(ONLY TO THE EXTENT

INSTRUCTIONS TO BIDDERS (ITB)

(C) Foreign Nationals of Bidder shall carry following documents :

4) Any other document as may be required by the Government of India/ State

4.0 BIDDING DOCUMENT

5.0 AMENDMENT OF BIDDING DOCUMENT

The Bidders will be required to acknowledge receipt of any such

INSTRUCTIONS TO BIDDERS (ITB)

6.0 LANGUAGE OF BIDS

7.0 PREPARATION / SUBMISSION OF THE BIDS

PART – 1 PQ Bid, Techno-commercial -Unpriced Bid , Bid Submission Declaration

PART – 2 Priced Bid

Techno-commercial / Unpriced Bid (PART-1) will contain the following documents :

INSTRUCTIONS TO BIDDERS (ITB)

7.3.2 TECHNO-COMMERCIAL/UNPRICED BID shall contain following documents;

ii) Letter of submission.

INSTRUCTIONS TO BIDDERS (ITB)

INSTRUCTIONS TO BIDDERS (ITB)

7.3.3 PART -2 Priced Bid shall consist of:

No stipulation, deviation, terms & conditions, presumption, basis etc. shall be

INSTRUCTIONS TO BIDDERS (ITB)