2x660MW Power Plant Tender for Main Equipment

ABHIJEET PROJECTS LIMITED
2 x 660MW (Phase-I) Super Thermal Power Project

at Siriya (Banka), Bihar
TENDER ENQUIRY DOCUMENT

FOR
MAIN PLANT PACKAGE
[Steam Generators, Steam Turbine Generators and Auxiliaries]
PART - I
GENERAL CONDITIONS OF CONTRACT
ABHIJEET Projects Limited,

th th
8 & 9 Floor, Mahabir Tower, Main Road, Ranchi 834001.
Jharkhand (India)
Phone No.: +91-651-233113-16 / Fax No.: +91-651-2331109
ABHIJEET Projects Limited 2 x 660 MW (Phase-I) Super Thermal Power Project
Tender Enquiry Document for Main Plant Package
SECTION - I
TABLE OF CONTENTS
PART A : INSTRUCTIONS TO BIDDERS (ITB)
PART B : GENERAL CONDITIONS OF CONTRACT (GCC)
PART C : SPECIAL CONDITIONS OF CONTRACT (SCC)

SECTION - I
PART - A
INSTRUCTIONS TO BIDDERS (ITB)

PART - A
CONTENTS
Sl. No. DESCRIPTION PAGE NO.
1.0 INTRODUCTION 1
4.0 SCOPE OF WORK 2
5.0 COST OF BIDDING 2
6.0 CONTENT OF BIDDING DOCUMENT 2
7.0 CLARIFICATION OF BIDDING DOCUMENT 2
8.0 ADDRESS FOR COMMUNICATION 3
9.0 BIDDER TO INFORM HIMSELF FULLY 3
10.0 GENERAL 4
11.0 AMENDMENT OF BIDDING DOCUMENTS 4
13.0 PREPARATION OF BID 4
14.0 SUBMISSION OF BIDS 8
15.0 DEADLINE FOR SUBMISSION OF BIDS 10
17.0 VALIDITY OF BID 10
18.0 MODIFICATION AND WITHDRAWAL OF BIDS 10
19.0 BID PRICE 10
20.0 BID CURRENCIES 11
21.0 QUANTITIES 11
22.0 SPARE PARTS 11
23.0 CONTRACT QUALITY ASSURANCE 12
24.0 MAINTENANCE TOOLS AND TACKLES 12
26.0 CLARIFICATION OF BIDS 12
27.0 PRELIMINARY EXAMINATION OF BIDS 12
28.0 TECHNICAL EVALUATION 13
29.0 COMMERCIAL EVALUATION 13
30.0 AWARD OF CONTRACT 14

OWNER S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY
31.0 15
OR ALL BIDS
SECTION - I
PART - A
1.0 INTRODUCTION
Abhijeet Group is a well diversified entity with significant presence in core sector areas of -
Power Generation Ferro Alloys

Mining Cement
Steel Roads
The group is having Fixed Assets of US$ 131 Million and a Net Worth of US$ 134 Million.
M/s. Abhijeet Projects Limited is one of the Abhijeet Group Company specialized in the field
of Engineering, Procurement and Construction (EPC) Contracts, especially for Power
Generation Projects. The company has already implemented a number of projects at different
locations, viz. 25 MW Thermal Power Plant for M/s. Corporate Ispat Alloys Limited in
Durgapur, West Bengal which has already been commissioned and another 271 MW Thermal
Power Project at MIHAN, SEZ Area, Nagpur is in the final stage of commissioning and is
likely to be commissioned by August/September, 2010. The company has also undertaken
the execution of 1080 MW (4x 270 MW) Thermal Power Project in Chandwa, Jharkhand,
where considerable progress has been achieved in the Civil construction activities and further
work on the same is in full swing. Order for the Boiler-Turbine-Generator (BTG) Package has
been placed on M/s. BHEL, Civil & Structural Construction work has been awarded to M/s.
Simplex, M/s. AREVA is executing the 400 kV Switchyard. Execution is in very advanced
stage for various other major packages like Water Treatment Plant, Coal Handling Plant, Ash
Handling Plant, etc. and other smaller packages are being ordered. The company has also
undertaken the EPC Contract for 300 MW (2x 150 MW) Captive Thermal Power Plant of M/s.
Kaizen Power Limited, Visakhapatnam, being implemented for meeting the power
requirement of the Ferro Alloys Plant of M/s. Abhijeet Ferotech Limited, one of the Abhijeet
Group Company.
The company has been assigned to take up the work of 2 x 660 MW Super Thermal Power
Plant of M/s. JAS Infrastructure Capital Pvt. Limited in Banka Dist., Bihar. The project has its
Captive Mahuagiri Coal Mines approx. 50 K.M. away from the proposed project site.
Transportation of coal will be done partly through Indian Railways and partly by dedicated
Railway Line, from Banka Town to the nearest point to the site.
M/s. Fichtner Consulting Engineers Limited is the Engineering Consultants for the project.
Considerable area of land (more than 70%) for the project has been acquired and the
acquisition of the remaining area is expected to be completed by October/November 2010.
However, all the areas where equipments are to be erected have already been acquired. The
water requirement for the project will be met from the already existing Chandan Dam (about 8
K.M. away) from the project site. Necessary approval from the Govt. of Bihar has already
been obtained to this effect. The work of power transmission/evacuation has been given to
M/s. PGCIL, who are setting up a large transmission network for transmitting power from this
project to various regions.
Part- A 2x660MW (Phase-I) Super Thermal Power Project Page 1 of 15

2.0 The ITB shall be read carefully and considered by the Bidders while preparing their bids. All
bids are to be made and submitted in accordance with the ITB.
3.0 It shall be understood that these biding documents (Section- I and Section- II) are not the final
documents and the Owner may wish to negotiate subsequent modifications to these bidding
documents to satisfy the Owners requirements.
4.0 SCOPE OF WORK
The scope of works under this specifications covers Design, engineering, manufacturing,
procurement, supply, transportation to Site, handling, storage, construction, erection,
installation, testing, completion, commissioning, performance testing, training of Owners
personnel and final completion of Coal Fired Super critical/Sub-critical Thermal Power
generation Station including, supply of mandatory spares and unit assemblies, commissioning
spares and special tools and tackles as per specification and scope defined in Bid
Documents. The detailed scope of work is described in Section- II, Technical Specification.
4.1 Project Completion Schedule
The Bidder shall be expected to achieve completion of project with respect to each Unit in
accordance with the schedule below:
Scheduled Dates of completion from the

Unit
Effective Date of Contract
First (1st) Unit of the Stream Thirty-eight (38) Months
Second (2nd) Unit of the Stream Forty-two (42) Months
5.0 COST OF BIDDING
All the costs and expenses incidental to preparation of the bid, discussions and conferences,
if any, including pre-award discussions with the Bidders, technical and other presentation
including any demonstrations, etc. shall be to the account of the Bidders and the Owner shall
bear no liability whatsoever on such costs and expenses.
6.0 CONTENT OF BIDDING DOCUMENT
6.1 The Bidding Document comprises two Sections designated as:
SECTION- I : Condition of Contract
Part A : Instruction to Bidder (ITB)
Part B : General Conditions of Contract for Supply, Supervision,

Erection, Testing, Commissioning and Civil, Structural &
Architectural work
Part C : Special Conditions of Contract
SECTION- II : Technical Specification
6.2 The Bidder is expected to examine all instructions, forms, terms, specifications and other
information in the bidding documents. Failure to furnish all information required by the bidding
documents or submission of a bid not substantially responsive to the bidding documents in
every respect will be at the Bidder's risk and may result in rejection of its bid.
7.0 CLARIFICATION OF BIDDING DOCUMENT

A prospective Bidder requiring any clarification of the bidding documents may notify the
Owner in writing at the Owner's mailing address indicated in Clause- 8.0 below. The Owner
will respond in writing to any request for clarification or modification of the bidding documents
that it receives not later than fifteen (15) days prior to the deadline for submission of bids
prescribed by the Owner. Written copies of the Owners response (including an explanation of
the query but not identification of its source) will be sent to all prospective Bidders that have
received the bidding documents.
8.0 ADDRESS FOR COMMUNICATION
Mr. Arun Gupta

Chief Executive Officer
8th & 9th Floor, Mahabir Tower,
Main Road,
Ranchi 834 001.
Jharkhand
India
Tel. No.: 0091 651 233 1113-16

Fax No: 0091 651 233 1109
E-mail: arun.gupta@abhijeet.in
9.0 BIDDER TO INFORM HIMSELF FULLY
9.1 Local Conditions
It is imperative for each Bidder to fully inform himself of all Indian as well as local conditions,
factors and legislation that may have any effect on the execution of the work covered under
the Bid Documents.
No request will be considered for clarifications from the Owner regarding such conditions,
factors and legislation. It is understood and agreed that such conditions, factors and
legislation have been properly investigated and considered by the Bidders while submitting
the Bids. Failure to do so shall not relieve the Bidders from responsibility to estimate properly
the cost of performing the work within the provided timeframe. The Owner will assume no
responsibility for any understandings or representations concerning conditions made by any
of his officers or agents prior to award of the Contract. No claim whatsoever, including those
for financial adjustment to the Contract to be awarded under the Bid Specifications and
documents will be considered by the Owner. The Owner shall not permit any Changes to the
time schedule of the Contract or any financial adjustments arising from the Bidders lack of
knowledge and its effect on the cost of execution of the Contract.
9.2 Site Condition
9.2.1 The Bidder is advised to visit and examine the Site where the facilities are to be installed and
its surroundings and obtain for itself on its own responsibility all information that may be
necessary for preparing the bid and entering into a Contract for supply and installation of the
facilities. The costs of visiting the site shall be at the Bidder's own expense.
9.2.2 The Bidder and any of its personnel or agents will be granted permission by the Owner to
enter upon its premises and lands for the purpose of such inspection, but only upon the
express condition that the Bidder, its personnel and agents will release and indemnify the
Owner and its personnel and agents from and against all liability in respect thereof and will be
responsible for death or personal injury, loss of or damage to property and any other loss,
damage costs and expenses incurred as a result of the inspection.
9.3 The Bidder shall be deemed prior to submitting his Bid to have:

9.3.1 satisfied itself as to the means of communication with and access to and through the Site, the
accommodation it may require and the precautions and the times and methods of working;
9.3.2 satisfied itself as to the nature of the work and materials necessary for the execution of the
Works;
9.3.3 obtained for itself all necessary information as to the risks, contingencies and all other
circumstances which may influence or affect the Contract price and its obligations under the
Contract;
9.3.4 inspected and examined the Site and its surroundings and carried out such surveys as it
considers necessary;
9.3.5 ascertained the general labour position at the Site. In particular, but without prejudice to the
generality of the foregoing, the Contract price shall include all costs of labour including any
shift or overtime working, incentives, allowances, condition monies and the like and for all
costs associated with the transport of labour and all necessary canteen, messing and
accommodation facilities or the like required for the completion of the Works.
10.0 GENERAL
Any information provided in the Bid Document obtained from the Owner shall not in any way
relieve the Contractor from his responsibility to supply the Goods in accordance with the
Specifications including all detail and supply of all accessories or apparatus which may not
have been specifically mentioned in the Specification or drawings, but otherwise necessary to
ensure complete erection and successful, safe and efficient commercial operation of the
Plant. If the Contractor offers new design features in his offered equipment which has yet to
be proved in service for long duration period, than such equipment with new design features
should be given extended warranty by the Contractor and the Contractor should clearly
indicate the list of any such equipment(s) in their offer for the Owner comments/acceptance.
11.0 AMENDMENT OF BIDDING DOCUMENTS
11.1 At any time prior to the deadline for submission of bids, the Owner may, for any reason
whether at its own initiative or in response to a clarification requested by a prospective Bidder,
amend the bidding documents.
11.2 The amendment will be notified in writing to all prospective Bidders that have received the
bidding documents and will be binding on them. Bidders are required to immediately
acknowledge receipt of any such amendment and it will be assumed that the information
contained therein will have been taken into account by the Bidder in its bid.
11.3 In order to allow prospective Bidders reasonable time to take the amendment into account in
preparing their bid, the Owner may, at its discretion extend the deadline for the submission of
bids.
12.0 LEFT BLANK INTENTIONALLY
13.0 PREPARATION OF BID
13.1 Language of Bids
The bid prepared by the Bidder and all correspondence and documents related to the bid
exchanged by the Bidder and the Owner shall be written in English language, provided that
any printed literature furnished by the Bidder may be written in another language, as long as
such literature is accompanied by a translation in English language in which case, for
purposes of interpretation of the bid, the translation shall govern.
13.2 Documents comprising the bids

13.2.1 The bid submitted by the Bidder shall comprising the following documents
a) Completely filled up various Performa/ Annexures/ Schedules etc. as indicated in

section- I and Section- II, in accordance with the instructions and notes contained
there in.
b) A letter of undertaking as per the Performa attached herewith as Annexure- A.
c) Last three years Income Tax & Sales Tax Clearance Certificate (in case of photo
copy, it should be attested by Notary public/ First Class Magistrate or Gazetted
Officer)
d) Bidders Qualification
The Bidder shall submit the documentary evidence of the Bidder's qualifications to
perform the contract, if its bid is accepted and the same shall establish to the Owner's
satisfaction that the Bidder has the financial, technical, production, procurement,
shipping, installation and other capacities and capabilities necessary to perform the
contract and meets the experience and other criteria outlined below:
The Bidder shall provide satisfactory evidence that he and/or, where applicable, his
collaborator/associate/partner(s) of Joint Venture:
(i) is a manufacturer, who regularly manufactures equipment of the type

specified and/or undertakes the type of work specified and has adequate
technical knowledge and relevant experience for the works covered in the
bidding documents.
(ii) does not anticipate a change in Ownership/Control during the proposed

period of execution of Work (If such a change is anticipated, the scope and
effect thereof shall be defined).
(iii) has adequate financial stability and capability to meet the financial obligations
pursuant to the Works covered in the Bidding Documents.
(iv) has adequate design, manufacturing and/or fabrication capability and

capacity available to perform the work within the time period specified. The
evidence shall specifically cover, with written details, the installed
manufacturing and/or fabrication capacities and present commitments
(excluding those anticipated under these bidding documents). If the present
commitments are such that the installed capacity results in an inadequacy of
manufacturing and/or fabrication capacities to meet the requirements
appropriate to the works covered in his bid, then the details of alternative
arrangements to be organised by the Bidder and/or his collaborator/associate
for this purpose and which shall meet the Owners approval, shall also be
furnished.
(v) has an established project management organisation covering the areas

related to engineering of equipment/systems, interface engineering,
procurement of equipments and the necessary field services required for
successful construction, installation, testing and commissioning of all the
equipments and systems covered in the scope of work for this package and
as required by the Bidding Documents.
(vi) has established quality assurance system and organization designed to

achieve high level of equipment/system reliability, during manufacturing
and/or fabrication and field installation activities
(vii) Bids submitted by a Joint Venture of two or more firms as Partners shall
comply with following requirements:

a) The bid shall include all the information described above for each
Joint Venture partner.
b) The bid shall be signed so as to be legally binding on all the partners

of the Joint Venture.
c) One of the partners shall be designated as Leader; this authorisation

shall be evidenced by submitting with the bid a power of attorney
signed by legally authorised signatories of the Joint Venture partners.
The bid shall be signed by the leader so as to be legally binding on
all partners.
d) The Leader shall be authorized to receive instructions for and on

behalf of any and all partners of the Joint Venture and the entire
execution of the contract, including payment, shall be done
exclusively with the Leader.
e) All partners of the Joint venture shall be liable jointly and severally for
the execution of the Contract in accordance with the contract terms.
f) An agreement entered into by the Joint Venture Partners as per the

format enclosed herewith as Annexure-C provided in the Bidding
Documents shall be submitted with the bid.
In order for the joint venture to qualify, each of its partners must meet the
minimum criteria listed for an individual Bidder for the component of the
Contract they are designated to perform. Failure to comply with this
requirement with result in rejection of the Joint Venture's Bid.
e) Subcontractors proposed by the Bidder
The Bidder shall include in its bids details of all major items of supply or services that
it proposes to purchase or sublet and shall give details of the name, their experience,
their reference list and nationality of the proposed Subcontractor including vendors,
for each of those items. Bidders are required to submit at least 5 (five) names of
Subcontractor against each item of the facilities. The Owner during pre-award stage
will approve at least two names against each item and the Owner also reserves the
right to reject all the names against all the items if in his opinion, the names
suggested by the Bidder does not posses the relevant experience and in such case
Bidder shall suggest alternate names equivalent to no. of names rejected by the
Owner along with its revised bids.
The Bidder shall be responsible for ensuring that any plant, equipment or services to be
provided by the Sub-Contractor comply with the requirements of ITB Clause- 13.2.1 (e).
f) Deviations
Deviations, if any, from Section- I and Section- II of Bidding Documents shall be listed
only in Deviation sheets in the format attached in the Bid Documents. The Bidder
shall also provide the additional price, if any, for withdrawal of the deviations.
However, the attention of the Bidders is drawn to the provision of ITB Clause- 31.0
regarding the rejection of Bids that are not substantially responsive to the
requirements of the bidding documents.
Bidders may further note that except for deviations listed in deviation sheets, the bid
shall be deemed to comply with all the requirement in the bidding documents and the
Bidder is required to comply with all such requirements of Bidding Documents and
technical specifications without any extra cost to the Owner irrespective of any

mention to the contrary, any where else in the bid, failing which the bid security of the
Bidder may be forfeited.
At the time of Award of Contract, if so desired by the Owner, the bidder shall withdraw
these deviations listed in deviation sheets at the cost of withdrawal stated by him in
his bid. In case the Bidder does not withdraw the deviations proposed by him, if any,
at the cost of withdrawal stated in the bid, his bid will be rejected and bid security
forfeited.
g) Certificate Regarding Acceptance of Important Conditions
No deviation, whatsoever is permitted by the Owner, to the provisions of the Bidding

Documents listed in ITB Clause- 27.7. The Bidders are advised that while making
their Bid proposals and quoting prices, these conditions may appropriately be taken
into consideration.
Bidders are required to furnish a certificate indicating their compliance to the

provisions relating to the Clauses listed in ITB Clause- 27.7. The certificate duly
signed and stamped by the bidder is to be furnished in a separate sealed envelope.
Any bid not accompanied by such certificate in a separate sealed envelope shall be
rejected by the Owner and returned to the Bidder without being opened.
h) Alternate Proposals
Bidders based on their experience, capabilities, patented research and development

work etc., in addition to a base proposal, may offer alternate proposal(s), for reasons
of economy or better performance. But in all such cases, the base proposal shall be
strictly in line with the requirements as stipulated in the Bidding Documents and only
such base proposal shall be considered for the purposes of evaluation of the
proposals. Should the bid by the successful Bidder contain such alternate proposal
then the Owner, at his discretion, may accept the same at the time of award of
Contract.
i) Local Representation
I) Foreign Bidders, if they have in India a local representation/Indian Agent,

shall indicate in their Bid (Bid Proposal sheets), the name of such person or
firm and also shall furnish the following information in their Bid:
i) The precise relationship between the Bidder and his Indian Agent.
ii) The mutual interests which the Bidder and the Indian Agent have in
business of each other.
iii) Any payment, which the Indian Agent receives in India or abroad
from the Bidder whether as a commission for the Contract or as a
general retainer fee.
iv) Indian Agents Income Tax Permanent Account Number.
v) Bidders Income Tax Permanent Account Number.
vi) All services to be rendered by the Indian Agent whether of general

nature or in relation to the particular Contract.
II) Agents commission, if any, (to be included in the Bid Price) shall be indicated
separately but as a part of the Bid Price and the same will be payable only in
equivalent Indian rupees. Indian Agents commission will not be subject to
any escalation whatsoever and will be payable prorata along with the base
Contract price payments. To effect such payments, the Indian Agents

commission will be calculated on the basis of exchange rates (State Bank of

India TT selling rate) as on the date of notice of the award to the successful
Bidder.
III) The Bidder/Contractor shall not pay Indian Agents commission, unless
declared in the Bid.
j) The Bidder should submit five (5) copies of their profit and loss account and balance
sheet for the last five (5) years.
k) Any other technical data and further information or details, the Bidder wishes to
submit in addition to the details asked for above as well as descriptive catalogues and
drawings etc. may be enclosed along with above information.
13.3 The Bidder shall submit his Bid strictly in accordance with the Specification and terms and
conditions set out in the Bid Document. The bid shall be submitted as per procedure laid
down in Clause-14.0 below.
13.4 If the Bidder gives any wrong or misleading information in his Bid, the Owner will reserve the
right to reject such Bid.
13.5 The Bid submitted shall become the property of the Owner with no obligation to return the
same to the Bidder.
14.0 SUBMISSION OF BIDS
14.1 The Bidder shall prepare an original and seven (7) copies/sets of the bid clearly marking each
one as Original Bid, Copy No. 1, Copy No. 2, etc, as appropriate. In the event of any
discrepancy between them, the original shall govern.
14.2 Signing of Bids
i) The Bid must contain the name, and places of business of the person or persons
making the bid and must be signed and sealed by the Bidder with his usual signature.
ii) The names and designations of all persons signing, should also be typed or printed
below the signature.
iii) 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 and designation(s) of the
authorised partner(s) or other authorised representative(s).
iv) Bid(s) by Corporation/Company must be signed with the legal name of the
Corporation/Company and by the President, Managing Director or by the Secretary or
other person or persons authorised to bid on behalf of such Corporation/Company in
the matter.
v) Bids submitted by a Joint Venture of two or more companies as partners shall comply
with the requirements as indicated in Clause- 13.2.1 d (vii).
vi) A bid by a person who affixes to his signature the word 'President', 'Managing
Director', 'Secretary', 'Agent' or other designation without disclosing the details
concerning the principal on whose authority he is signing the bid will be rejected.
vii) Satisfactory evidence of authority of the person(s) signing on behalf of the Bidder
shall invariably be furnished with the bid.
viii) The Bidder's name stated on the proposal shall be the exact legal name of the firm.

ix) Erasures or other changes in the Bid document including the proposal document shall
be over the initials of the persons signing the Bid.
x) Bids not conforming to the above requirements of signing may be disqualified.
14.3 Procedure for submission of bids
(i) The Bidder shall seal the original and each copy of the bid in separate envelopes duly
marking the envelopes as "ORIGINAL BID" and "COPY NO [number]". The bid
security furnished in accordance with ITB Clause-12.0 shall be sealed in a separate
envelope duly marking the envelope as BID SECURITY. The Certificate Regarding
Acceptance of Important Conditions as per Clause-13.2.1 (g) duly signed and
stamped by the Bidder, shall also be sealed in a separate envelope.
(ii) The bid shall be submitted in separate sealed envelopes as described below:
Envelope No. 1 This envelope shall be super scribed Un-priced Bid for
ABHIJEET Projects Limited - 2 x 660MW (Phase-I) Super
Thermal Power Project, Banka, Bihar, India and shall
contain the unpriced bid comprising bid covering letter and
schedules Covered under Bid Proposal sheets and complete
technical details, data sheets, Quality assurance procedures
and plan, guaranteed parameters, drawings, catalogue,
design features, write up and various information pertaining
to Qualification.
Envelope No. 2 This envelope shall be super scribed Price Bid for ABHIJEET
Projects Limited - 2 x 660MW (Phase-I) Super Thermal Power
Project, Banka, Bihar, India and shall contain the Price
Schedule.
Envelope No. 3 This envelope shall be super scribed The Certificate Regarding
Acceptance Of Important Conditions.
(iii) The outside of each envelope should also indicate clearly the name of the Bidder and
his address. In addition, the left hand corner of the envelope or container should
indicate the IFB No. APL/BANKA/2x660MW/001
(iv) All bid documents shall be addressed to
Mr. Arun Gupta

Chief Executive Officer
Main Road,
Ranchi 834 001.
Jharkhand
India
Tel. No. 0091 651 233 1113-16

Fax No: 0091 651 233 1109
E-mail: arun.gupta@abhijeet.in
(v) The Bidder has the option of sending the bids by courier or registered post or
submitting the bids in the person and shall ensure that the Bid shall reach to the
Owner by the date and time stipulated. Submission of Bids by Fax/Telex/e-mail will
not be accepted.
(vi) The Owner reserves the right to reject any Bid which is not submitted according to the
instructions stipulated above.

15.0 DEADLINE FOR SUBMISSION OF BIDS
15.1 Bids must be received by the Owner at the address specified under ITB Clause- 14.3 (iv) no
later than sixty (60) days from the date of issue of the IFB. In the event of the specified date
for submission of bids being declared a holiday for the Owner, the bids will be received, up to
the appointed time on the next working day.
15.2 The Owner may, at its discretion, extend this deadline for submission of bids by amending the
bidding documents in accordance with ITB Clause- 11.0, in which case all rights and
obligations of the Owner and Bidders will thereafter be subject to the deadline as extended.
17.0 VALIDITY OF BID
17.1 Bid shall remain open for acceptance by the Owner for a period of six (6) months from the last
date of submission of the Bid. During this period the Bidder shall not withdraw or amend his
Bid. A bid valid for a shorter period shall be rejected by the Owner as being non-responsive.
17.2 The quoted prices should remain firm till completion of the Contract.
17.3 Notwithstanding Clause- 17.1 above, the Owner may obtain the Bidders consent to extend
the validity period of his Bid, as required. The request and response thereto shall be made in
writing. If a Bidder accepts to extend the period of validity, the bid security shall also be
suitably extended. The Bidder may refuse the request without forfeiting its bid security. The
Bidder accepting the request will not be permitted to modify his Bid.
18.0 MODIFICATION AND WITHDRAWAL OF BIDS
18.1 The Bidder may modify or withdraw its bid after submission, provided that written notice of the
modification or withdrawal is received by the Owner prior to the deadline prescribed for bid
submission.
18.2 Other provisions concerning the marking and dispatch of bid modifications shall be in
accordance with ITB Clause-14.3.
18.3 The Bidder wishing to withdraw its bid shall notify the Owner in writing prior to the deadline
prescribed for bid submission. The notice of withdrawal shall
a) be addressed to the Owner at the address specified and
b) bear the IFB number, and the words "BID WITHDRAWAL NOTICE." Bid withdrawal
notices received after the bid submission deadline will be ignored and the submitted
bid will be deemed to be a validly submitted bid.
18.4 No bid will be withdrawn during the period between the bid submission deadline and the
expiration of the bid validity period. Withdrawal of a bid during this period may result in the
Bidder's forfeiture of its bid security.
19.0 BID PRICE
19.1 Unless otherwise specified in the Technical Specifications, Bidder shall quote the prices in
Schedule- 1 including Schedule- 2, 3, 4 of this Section I on a firm, lump sum, fixed-price,
turnkey and single point responsibility basis inclusive of all Taxes in accordance with the
provisions of the Bidding Documents. The Price Bid shall be comprehensive and shall be the
price for the Project on a single point responsibility and turnkey basis such that the total
Price Bid covers all of the obligations of the Bidder mentioned in or those to be reasonably
inferred from the Bidding Documents and in accordance with the terms and conditions of the
Bidding Documents.

19.2 In respect of basis of bid price, the Bidder is advised to refer Clause- 5.0 of Part- C, GCC of
this Section- I, Condition of Contract. In respect of taxes & duties, Clause- 3.2 of Part- C,
GCC of this Section- I shall remain applicable. The break-up details of taxes, duties, levies
etc. should be indicated separately in the Bid Price Proposal Sheets as per the stipulations
contained in the relevant Clause- of the Bid Documents.
All the bid prices shall be on firm price basis and no escalation shall be allowed.
20.0 BID CURRENCIES
20.1 Prices shall be quoted in the following currencies
a) Supply of Equipment including spares and tools and tackles shall be quoted in any
currency. Domestic Bidder while quoting in foreign currency must comply with the
requirement as laid down by Govt. of India from time to time.
b) Port handling, port clearance, port charges for the imported goods, further loading
and inland transportation for delivery at Site, inland transit insurance, unloading,
storage, handling at Site, installation, insurance covers, testing commissioning and
conducting PG test shall be quoted in local currency. However, foreign component, if
any, of installation services may be quoted in foreign currency.
c) If the Bidder wishes to be paid in a combination of amounts in different currencies, it

may quote its price accordingly, but use not more than three foreign currencies.
21.0 QUANTITIES
21.1 The quantities of items indicated in Section- II are only provisional and the Owner reserves
the right of revising the same at the time of bid evaluation/ pre award stage.
21.2 The Owner also reserves the right to split the quantities and to entrust the order to one or
more bidders. The bidder shall agree to supply part quantities ordered on him at the
rates/price mentioned in his bid and accepted by the Owner.
22.0 SPARE PARTS
22.1 The Bidder shall provide unit prices of the mandatory spares, the list of which has been
provided in the bid specifications, in the price schedule enclosed in the Bid Documents. The
mandatory spare parts prices shall be firm and shall not be subject to escalation and shall not
be included in the total Price but indicated separately in the schedules. The Owner reserves
the right after evaluation and at the time of award to vary the quantity of any of the spares
and/or to delete any item of spares altogether or add new items of spares during
award/detailed engineering stage at the unit rates agreed to in the Contract or to be agreed
mutually in case unit rates are not identified in the Bid/ Contract.
22.2 In addition, the Bidder shall provide based on his own experience of the performance of his
equipment, in the form of a schedule given in Bid Proposal Sheets, the complete list of
recommended spare parts for three (3) years operation of the equipment covered under the
proposal. The recommended spare prices shall be firm and shall not be subject to escalation
and shall not be included in the total price but indicated separately in the schedules. In the list
of recommended spare parts, the Bidder shall identify the unit-wise population along with
price break-up of each of the items recommended and anticipated normal life of the spares.
The Owner has the option to either procure the recommended spares along with main
equipment or later on.
22.3 The prices of spares (mandatory and recommended) quoted by the Bidder shall remain valid
up to 1 year from the date of Commissioning and the owner shall have the right to place the
order of spares up to 1 year period from the date of Commissioning at the same price. The
prices of all future requirements of Spares beyond one (1) years period will be mutually

agreed but such prices shall, in no case, be higher than those agreed with the most preferred
customers.
23.0 CONTRACT QUALITY ASSURANCE
23.1 The Bidder shall include in his proposal the Quality Assurance Programme containing the
overall quality management and procedures, which he proposes to follow in the performance
of the Works during various phases as detailed in relevant Clause- of the Technical
Specifications.
23.2 At the time of Award of Contract, the detailed Quality Assurance Programme to be followed
for the execution of the Contract will be mutually discussed and agreed to and such agreed
programme shall form a part of the Contract.
24.0 MAINTENANCE TOOLS AND TACKLES
24.1 The proposal shall include all special tools and tackles required for the operation and
maintenance of the equipment to be supplied and erected by the Bidder. The Bidder shall
indicate all the above items in the Bid Proposal Sheets in the form of a schedule giving
therein the description, quantity and price of each item. These tools and tackles shall be
delivered at site along with the consignment of corresponding equipment.
26.0 CLARIFICATION OF BIDS
26.1 During bid evaluation, the Owner may, at its discretion, ask the Bidder for a clarification of its
bid. The request for clarification and the response shall be in writing, and no change in the
price or substance of the bid shall be sought, offered or permitted.
27.0 PRELIMINARY EXAMINATION OF BIDS
27.1 The Owner will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the bids are generally in
order.
27.2 The Owner will determine to its satisfaction whether the Bidders are qualified to satisfactorily
perform the Contract in terms of the documents submitted by Bidders regarding their
qualification and Clause- 13.2.1 (d) of ITB.
27.3 The determination will take into account the Bidder's financial, technical and production
capabilities, delivery/commissioning schedule, in particular its contract, work in hand, future
commitments and current litigation. It will be based upon an examination of the documentary
evidence of the Bidder's qualifications submitted by the Bidder along with its bid, as well as
such other information as the Owner deems necessary and appropriate.
27.4 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between
the unit price and the total price, which is obtained by multiplying the unit price and quantity,
or between subtotals and the total price, the unit or subtotal price shall prevail, and the total
price shall be corrected. If there is a discrepancy between words and figures, the amount in
words will prevail. If the Bidder does not accept the correction of errors, its bid will be rejected
and the bid security will be forfeited.
27.5 The Owner may waive any minor informality, nonconformity or irregularity in a bid that does
not constitute a material deviation, whether or not identified by the Bidder in deviation sheet of
its bid, and that does not affect the relative ranking of any Bidder as a result of the technical
and commercial evaluation, pursuant to ITB Clause- 28.0 and 29.0.

27.6 Prior to the detailed evaluation, the Owner will determine whether each bid is of acceptable
quality, is generally complete and is substantially responsive to the bidding documents. For
purposes of this determination, a substantially responsive bid is one that conforms to all the
terms, conditions and specifications of the bidding documents without material deviations,
objections, conditionalities or reservations. A material deviation, objection, conditionality or
reservation is one (i) that affects in any substantial way the scope, quality or performance of
the contract; (ii) that limits in any substantial way, inconsistent with the bidding documents,
the Owners rights or the successful Bidder's obligations under the contract; or (iii) whose
rectification would unfairly affect the competitive position of other Bidders who are presenting
substantially responsive bids.
27.7 No deviation, whatsoever, is permitted by the Owner to the provisions relating to the following
Clause- (Important Conditions):
a. Arbitration (Clause- 46.0 of GCC, Part- C).

b. Terms of Payment (Clause- 2.0 of SCC, Part- D)
c. Liquidated Damages (Clause- 1.0 of SCC, Part- D)
d. Defects Liability (Clause- 34.0 of GCC, Part- C).
e. Force Majeure Conditions (Clause- 23.0 of GCC, Part- C).
f. Insurance (Clause- 28.0 of GCC, Part- C).
27.8 The Owner's determination of a bid's responsiveness is to be based on the contents of the bid
itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be
rejected by the Owner and may not subsequently be made responsive by the Bidder by
correction of the nonconformity
27.9 Conversion to Single Currency
To facilitate evaluation and comparison, the Owner will convert all bid prices expressed in the
amounts in various currencies in which the bid price is payable to Indian Rupees at the Bills
Selling Exchange Rate established by State Bank of India at the date of Opening of Bids.
28.0 TECHNICAL EVALUATION
28.1 The Owner will carry out a detailed evaluation of the bids previously determined to be
substantially responsive in order to determine whether the technical aspects are in
accordance with the requirements set forth in the bidding documents. In order to reach such a
determination, the Owner will examine and compare the technical aspects of the bids on the
basis of the information supplied by the bidders, taking into account the following factors:
a) Overall completeness and compliance with the Technical Specifications and

Drawings; deviations from the Technical Specifications as given in the technical
deviation sheet of its bid; suitability of the facilities offered in relation to the
environmental and climatic conditions prevailing at the site; and quality, function and
operation of any process control concept included in the bid. The bid that does not
meet minimum acceptable standards of completeness, consistency and detail will be
rejected for non-responsiveness.
b) Achievement of specified performance criteria by the facilities
c) Type, quantity and long-term availability of mandatory and recommended spare parts
and maintenance services.
d) Any other relevant factors, if any, listed in the Bid documents, or that the Owner
deems necessary or prudent to take into consideration.
29.0 COMMERCIAL EVALUATION
29.1 The Owner's commercial evaluation of a bid will take into account, in addition to the bid prices
indicated in Price Schedules, the following costs and factors that will be added to each

Bidder's bid price in the evaluation using pricing information available to the Owner, in the
manner and to the extent indicated in ITB Clause- 29.2 and in the Technical Specifications:
a) The cost of all quantifiable deviations and omissions from the contractual and
commercial conditions and the Technical Specifications as identified in deviation
sheet of the bid.
b) The functional guarantees of the facilities offered.
c) The extra cost of work, services, facilities etc, required to be provided by the Owner
or third parties.
29.2 Pursuant to ITB Clause- 29.1, the following evaluation methods will be followed:
a) Technical and Commercial Deviations
The evaluation shall be based on the evaluated cost of fulfilling the Contract in
compliance with all commercial, contractual and technical obligations under this
bidding document. In arriving at the evaluated cost, the price for withdrawal of
deviations shown in deviation sheet of the bid will be used if necessary. If such a
price is not given, the Owner will make its own assessment of the cost of such a
deviation for the purpose of ensuring fair comparison of bids.
b) Functional Guarantees of the facilities
i) Bidders shall state the functional guarantees (e.g. performance, efficiency,

consumption etc.) of the proposed facilities in response to the Technical
Specifications. In case a minimum (or a maximum, as the case may be) level
of functional guarantees is specified in the Technical Specifications for the
bids to be considered responsive, bids offering plant and equipment with
such functional guarantees less (or more) than the minimum (or maximum)
specified shall be rejected.
ii) For the purposes of evaluation, the adjustment specified in the Bid
Documents will be added to the bid price for each drop (or excess) in the
responsive functional guarantees offered by the Bidder, below (or above)
either a norm of 100 or the value committed in the responsive bid with the
most performing functional guarantees, as specified in the Bid Documents.
c) Work, services, facilities etc. to be provided by the Owner
Where bids include the undertaking of work or the provision of services or facilities by
the Owner in excess of the provisions allowed for in the bidding documents, the
Owner shall assess the costs of such additional work, services and/or facilities during
the duration of the contract. Such costs shall be added to the bid price for evaluation.
30.0 AWARD OF CONTRACT
30.1 In the absence of pre-qualification, during preliminary examination of bids as indicated in

Clause- 27.0 above, the Owner will determine to its satisfaction whether the Bidder selected
as having submitted the lowest evaluated responsive bid is qualified to satisfactorily perform
the Contract based on the documents submitted by the Bidders regarding their qualification
and Clause- 13.2.1 (d) of ITB.
30.2 The determination will take into account the Bidder's financial, technical and production
capabilities, in particular its contracts, work in hand, future commitments and current litigation.
It will be based upon an examination of the documentary evidence of the Bidder's
qualifications submitted by the Bidder along with its bid, as well as such other information as
the Owner deems necessary and appropriate.

30.3 An affirmative determination will be a prerequisite for award of the contract to the Bidder. A
negative determination will result in rejection of the Bidder's bid, in which event the Owner will
proceed to the next lowest evaluated bid to make a similar determination of that Bidder's
capabilities to perform satisfactorily.
30.4 The capabilities of the vendors and subcontractors proposed to be used by the lowest
evaluated Bidder will also be evaluated for acceptability. Their participation should be,
confirmed with a letter of intent between the parties, as needed.
30.5 Award Criteria
30.5.1 Subject to ITB Clause- 31.0, the Owner will award, the Contract to the successful Bidder
whose bid has been determined to be substantially responsive and to be the lowest evaluated
bid, further provided that the Bidder is determined to be qualified to perform the contract
satisfactorily.
30.5.2 The mode of contracting with the successful bidder will be as per stipulation outlined in GCC
Clause- 5.0.
31.0 OWNER S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
31.1 The Owner reserves the right to accept or reject any bid and to annul the bidding process and
reject all bids at any time prior to award of contract, without thereby incurring any liability to
the affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of the
grounds for the Owners action.

SECTION - I
PART - B
GENERAL CONDITIONS OF CONTRACT (GCC)

PART - B
CONTENTS

DEFINITION OF TERMS AND INTERPRETATION OF BID
1.0 1
DOCUMENT
2.0 INCOTERMS 4
3.0 CONTRACT PRICE 5
4.0 COMPLETENESS OF CONTRACT 6
5.0 CONSTRUCTION OF THE CONTRACT 6
6.0 EFFECTIVE DATE OF CONTRACT/ZERO DATE OF CONTRACT 8

SYSTEM OF UNITS, DIMENSIONS, MEASURES AND
7.0 8
CALIBRATION
8.0 USE OF CONTRACT DOCUMENTS AND INFORMATION 8
9.0 DRAWINGS & DOCUMENTS DISTRIBUTION SCHEDULE 9
11.0 REPEAT ORDER / CONTRACT 9
12.0 SPARE PARTS 10
13.0 MATERIALS AND WORKMANSHIP 10
14.0 MINOR ACCESSORIES & FITTINGS 11
15.0 PATENT RIGHTS AND ROYALTIES 11
16.0 AFTER SALES SERVICES 11
17.0 NAME PLATES AND MARKING OF PARTS 11
18.0 PAINTING 11
19.0 AMENDMENT TO THE WORK 11
20.0 SUSPENSION OF WORK 12

PROJECT MANAGEMENT, PROGRESS REPORT AND
21.0 12
PHOTOGRAPHS
22.0 DELAY IN DELIVERY/COMMISSIONING 13
23.0 FORCE MAJEURE CONDITIONS 13
24.0 INSPECTION AND TESTING 14
25.0 TEST CERTIFICATES 15
26.0 ACCEPTANCE OF PLANT FOR DESPATCH 15
27.0 PACKING, FORWARDING AND SHIPMENT 16

28.0 INSURANCE 17
29.0 OWNER ACCEPTANCE TESTS 19
30.0 REJECTION OF DEFECTIVE PLANT 20
31.0 FINAL ACCEPTANCE AND TAKING OVER 21
32.0 DEFENCE OF SUITS 21
33.0 LIMITATION OF LIABILITIES 21
34.0 DEFECTS LIABILITY 21
35.0 TERMS OF PAYMENT 23
36.0 CURRENCY OF PAYMENT 23
37.0 DEDUCTION FROM CONTRACT PRICE 23
38.0 CONTRACTORS VENDORS / SUPLIERS 23

TRAINING OF OWNERS PERSONNEL/FOLLOW UP BY
39.0 24
OWNER
40.0 DEMURRAGE, WHARFAGE, ETC. 24
41.0 ASSIGNMENT AND SUB-LETTING OF CONTRACT 24

CO-OPERATION WITH OTHER MANUFACTURERS AND
42.0 25
CONSULTING ENGINEER
43.0 CHANGE OF NAME 25
44.0 BRIBES, COMMISSION ETC. 25
45.0 CONTRACTORS DEFAULT 25
46.0 ARBITRATION 26
47.0 TRANSFER OF OWNERSHIP 27
54.0 SCOPE OF WORK AND SERVICES 28
55.0 WELDING OF PARTS AND HIGH PRESSURE PIPING 30
56.0 CLEANING AND SERVICING 32
57.0 SITE RUN MISCELLANEOUS PIPING 32
58.0 THERMAL EXPANSIONS 32
59.0 PIPING SUPPORTS 33
60.0 PRESSURE TESTING 33
61.0 THERMOWELLS AND FLOW NOZZLES 33
62.0 ELECTRICAL SAFETY REGULATIONS 33
63.0 MATERIALS HANDLING AND STORAGE 34

64.0 WORK AT SITE 35
65.0 EXTRA WORK 35

WORK TO BE FURNISHED IF ONLY ERECTION
66.0 35
SUPERVISORY SERVICES ARE CALLED FOR
67.0 MANUFACTURERS SUPERVISION 36
68.0 CONTRACTORS REPRESENTATIVE 36

PROTECTION AND CARE OF WORKS (Applicable for both
69.0 36
Supply and Installation Contract)
70.0 CLEAN UP WORK AT SITE 36
71.0 PROGRAMME OF WORK AND PROGRESS REPORT 37

PRE-COMMISSIONIGN TRIALS, INITIAL OPERATIONS AND
72.0 37
PERFORMANCE GUARANTEE TESTS
74.0 INDEMNITY 37
75.0 CONTRACTORS CO-OPERATION WITH THE OWNER 37

WITHHOLDING PAYMENT FOR ERECTION, TESTING,
76.0 37
COMMISSIONING AND CIVIL WORKS
77.0 CO-OPERATION WITH OTHER CONTRACTORS 38
78.0 LABOUR AND LABOUR LAWS 38
79.0 CONVENIENCE OF PUBLIC 39

PREVENTION OF EXTRAORDINARY TRAFFIC AND
80.0 39
PROTECTION OF HIGHWAY
81.0 WORK MATERIALS AND PLANT 40
82.0 POSSESSION PRIOR TO COMPLETION 41
83.0 LIENS 41
84.0 MEDICAL SUPERVISION & CARE 41
85.0 FIRE PROTECTION 41
86.0 CONSTRUCTION MANAGEMENT 41
87.0 PROTECTION OF PROPERTY AND CONTRACTORS LIABILITY 42
88.0 PAINTING 42
89.0 PROTECTION OF REFERENCE POINTS 42
90.0 WORK & SAFETY REGULATIONS 42
91.0 FOREIGN PERSONNEL 44
92.0 SECURITY 45
93.0 COMMISSIONING SPARES 45

SECTION - I
PART- B

FOR
SUPPLY, SUPERVISION, ERECTION, TESTING, COMMISSIONING
AND
STRUCTURAL & ARCHITECTURAL WORK
1.0 DEFINITION OF TERMS AND INTERPRETATION OF BID DOCUMENT
1.1 Definition
In construing these General Conditions, the following words shall have the meaning herein
assigned to them except where the context otherwise requires.
1) Approved or Approval shall mean as approved by or approval of the

Owner/Purchaser in writing.
2) Bidder or Tenderer shall mean duly established reputed organizations,

manufacturers, etc. having requisite financial and technical capability and
experience participating in the Bid/Tender invited by the Owner for the Works and
assumes single point responsibility acting by himself or on behalf of his
associates. The Bidder will be party who will be contractually bound to the Owner.
3) CIF Price shall mean delivery free of expenses to the Owner on board the
vessel at the port of entry including the insurance and freight charges.
4) Codes and Standards shall mean the latest applicable International and Indian
Codes and Standards.
5) Consulting Engineer or Consultant shall mean the company/agency appointed

by the Owner for the purpose of the Contract.
6) Contract shall mean the agreement between the Contractor and the Owner,
together with Contract Documents referred to therein, for execution of Works as
defined in the Contract.
7) Contract Document(s) shall mean and include the General & Special Conditions
of Contract, Specifications and Annexures, Drawings, Covering Letters, Schedule
of Prices and Quantities, Notice to Proceed by the Owner, subsequent
amendments to the foregoing and the Contract. In case of any conflict or
contradiction between the Contract Documents inter se, the terms of the
document bearing a later date shall prevail over the earlier document.
8) Contractor or Supplier shall mean the successful Bidder who is awarded the
Contract and shall be deemed to include the Contractors successors, authorized
officers/representatives and permitted assigns.
9) Contract Price shall mean the agreed sum of money stated in the Contract to be
paid to the Contractor for the successful completion of the Works in accordance
with the terms of the Contract Document.
10) Commissioning shall mean successful operation of Goods at full load, after
completion of trial operation, without any problem/interruption for a continuous
period of three (3) days. However, in case the full load continuous operation for a
Part- B 2x660MW (Phase-I) Super Thermal Power Project Page 1 of 45

period of five (5) days without any problem/interruption is achieved during the
period of Trial Operation, the Goods shall be treated as Commissioned.
11) Construction Equipment shall mean all appliances/equipment and things of

whatever nature required including all related spares or wearing parts in or about
the execution, completion or maintenance of the Works but does not include
materials or other things intended to form part of or to be incorporated into the
permanent works.
12) Consignee shall mean the authorised representative or officer of the Owner to
whom the plant, equipment and materials are required to be delivered in the
manner indicated in the Contract Document.
13) Drawings or Plans shall mean all:
a) Drawings furnished by the Owner/Consultant as a basis for bid.

b) Supplementary drawings furnished by the Owner/Consultant to clarify
and to define in greater detail the intent of the Contract.
c) Drawings submitted by the Contractor with his bid provided such
drawings are acceptable to the Owner/Consultant.
d) Drawings furnished by the Owner/Consultant to the Contractor during
the progress of the work: and
e) Engineering data and drawings submitted by the Contractor during the
progress of the work provided such drawings are acceptable to the
Owner.
14) Engineer shall mean an Officer of the Owner as may be duly appointed and
authorised in writing by the Owner for the purpose of the Contract.
15) F.O.B. shall mean delivery free of expenses to the Owner on board the vessel
at the port of shipment.
16) F.O.R. Destination shall mean delivery free of expenses to the Owner on board
rail wagons at the railway siding at the Site or its nearest railway station including
the insurance coverage.
17) (i) F.O.R. Works shall mean loaded and stowed or trimmed free of expenses
to the Owner on board rail wagons at the Contractors Works siding or its nearest
railway station for transportation.
(ii) F.O.R. Site shall mean delivery free of expenses to the Owner at his plant
site.
18) Final Acceptance/Taking Over shall mean the Owners written acceptance of
Goods or Services under the Contract, after successful completion of
Performance and Guarantee Tests, as specified in the accompanying Technical
Specification or otherwise agreed in the Contract.
19) Goods shall mean plant, equipment or materials to be supplied under the
Contract Document.
20) Inspector shall mean any firm or person as may be duly appointed and
authorised in writing by the Owner from time to time to inspect the Works.
21) Month shall mean calendar month. Day or Days unless herein otherwise
expressly defined shall mean calendar day or days of twenty-four (24) hours
each. A Week shall mean a continuous period of seven (7) Days.
22) Notice to Proceed shall mean the Owners letter or notification intimating the
Contractor to commence the Works.

23) Owner or Purchaser or Employer shall mean ABHIJEET Projects Limited and
shall include its successors and assigns as well as its authorised
officers/representatives.
24) Owner Acceptance Tests shall mean such test to be performed by the
Contractor at Site as are required to determine and demonstrate guarantee
capacity, efficiency and operating characteristics of the Plant as stipulated in the
Technical Specifications (Section- II), this Condition of Contract (Section- I) and in
the Contract.
25) Persons shall include firms, companies, corporations and other bodies whether
incorporated or not.
26) Plant shall mean the thermal power plant and additional components as
detailed in the Specification.
27) Services shall mean furnishing of labour and other services as per
Specifications for erection, testing and putting equipment and materials into
satisfactory operation.
28) Site shall mean the place or places, provided or made available by the Owner
where work is to be done by the Contractor or to which plant is to be delivered,
together with so much of the area surrounding the same as the Contractor shall
with the consent of the Owner use in connection with the works otherwise than
merely for the purpose of access.
29) Specification or Technical Specifications shall mean the Technical

Specifications of the Works, Drawings, Schedules and Annexures and any
modification made thereto and as agreed by the Owner.
30) Sub-contractor shall mean the company or firm to whom any part of the Work
has been sublet by the Contractor with the prior written consent of the Owner and
shall include his/its successors and permitted assigns.
31) Sub-vendor shall mean any supplier from whom the Contractor purchases, with
the prior written consent of the Owner, any item/items required for the execution
of Works under this Contract.
32) Tests shall mean such tests as are prescribed or considered necessary by the
Owner.
33) Tests on Completion shall mean such tests as are prescribed in the
Specifications and/or other tests as mutually agreed upon by the Owner and the
Contractor to be carried out by the Contractor to prove satisfactory performance
of the Works.
34) Tonne, shall mean 1,000 Kilogram weight/Gallon shall mean Imperial gallon,
unless otherwise mentioned specifically.
35) Defects Liability Period shall mean the period during which Contractor shall
remain liable at its own cost and expense for all repairs and/or replacement of
any manufacturing, technical or other defects or any bad work man ship or any
non-performance of any of the supplies/services made under the Contract.
36) Party or Parties shall mean Owner or Contractor or both as applicable.
37) Work or Works shall mean and include all permanent and temporary works to
be executed, all items and things to be supplied/done and Services and activities

to be performed by the Contractor pursuant to and in accordance with the

Contract.
38) Writing shall include any manuscript typed or hand-written or printed statement,
including telex, cable and facsimile transmission under or over signature or seal
as the case may be.
1.2 Interpretation of Bid Document
1) Invitation for Bids and Special Conditions shall be read in conjunction with
Instructions to Bidders, General Conditions, Technical Specifications, Drawings and
other documents forming part of the Bid Document wherever permissible or the
context so requires.
2) Notwithstanding the sub-division of the Bid Document into sections, every part of
each shall be deemed to be supplementary to and complementary of each other.
3) All headings and marginal notes to the items of the General Conditions or to the
Specifications or to any other document forming part of the Bid Document are solely
for the purpose of giving a concise indication of the general subject matter thereof
and not a summary of the contents thereof and they shall never be deemed to be part
thereof or be used in the interpretation or construction thereof.
4) Where in any provision of the General Conditions is repugnant to or at variance with

any provision of the Special Conditions, then unless a different intention appears, the
provisions of the Special Conditions shall be deemed to override the provisions of the
General Conditions and shall to the extent of such repugnancy or variation, prevail.
5) Wherever it is mentioned in the Bid that the Contractor shall perform certain work or
provide certain facilities it is understood that the Contractor shall do at his cost and
the price shall be deemed to have included the cost of such performances and
provisions so mentioned.
6) Words incorporating the singular only shall also include the plural and vice-versa
where the context requires.
7) The materials, designs and workmanship shall satisfy the applicable standards,
specifications contained herein and codes referred to. Where the Bid Document
stipulates requirements in addition to those contained in the standards and codes,
those additional requirements shall also be satisfied.
2.0 INCOTERMS
Unless inconsistent with any provision of the Contract, the meaning of any trade term and the
rights and obligations of parties there under shall be as prescribed by Incoterms.
Incoterms means International Rules for interpreting trade terms published by the
International Chamber of Commerce (Latest edition), France.
3.0 CONTRACT PRICE
3.1 The price quoted by the Supplier/Bidder in his bid with additions and deletions as may be
agreed to and incorporated in the Contract for the entire scope of the Contract shall be
treated as the Contract Price.
3.2 Taxes and Duties
a) The Contract Price shall be exclusive of Excise Duty, Service Tax, Custom Duty,
Work Contract Tax, Sales Tax, Octroi and any other levies, which if levied by Central,
State/local authorities shall be paid/reimbursed at actual by the Owner in full along-

with the payment for supplies/services against the documentary evidence to be

furnished by the Contractor. In this respect, the Bidders are requested to refer
Clause- 3.3 of this Part- B, GCC also.
b) Excise Duty/Sales Tax/Custom Duty/other fresh levies in respect of Sub-Vendors

items directly despatchable to Site are also not included in the Contract Price and the
same shall be paid/reimbursed against the documentary evidence to be furnished by
the Contractor. In this respect, the bidders are requested to refer Clause- 3.3 of this
Part- B, GCC also.
c) Concessional rates of Sales Tax will be charged if declaration forms are furnished by
the Owner as required by Law. If such declaration forms are not furnished, then the
applicable Sales Tax as charged by the Tax authorities will be reimbursed by Owner.
Owner shall also issue relevant Sales Tax declaration Form for concessional rates of
Sales Tax on direct dispatches by Sub-Vendor of the Contractor for the transaction
between the Owner and the Contractor.
d) The Contractor will provide necessary documents to the Owner for enabling the
Owner to claim CENVAT.
e) If there is a delay in delivery/Commissioning on account of the Contractor and if there

is any Statutory increase in duties/taxes/levies during the period of delay, in such
case the differential shall be in account of the Contractor.
f) As regards Indian Income Tax, surcharge of Income Tax, Withholding Tax or any
other Corporate Tax, the Owner shall not bear any tax liability whatsoever. The
Contractor shall be liable and responsible for payment of all such taxes, if attracted
under the provisions of law. The Owner shall however deduct applicable tax at source
as per law from all payments to be made to the Contractor and the Owner will issue
the TDS certificates for the same to the Contractor.
g) In the case of raw materials, components, sub-assemblies and other equipment and
materials imported by the Indian Contractor for value addition, construction materials
and consumables, if any, all such import duties and levies payable shall be deemed
to have been included in the Contract Price and no separate claim on this behalf will
be entertained by the Owner.
3.3 Mega Power Plant/Deemed export Benefits/EPCG Scheme
The Project is eligible for Mega Power Project status as provided by the Ministry of Power of
the Government of India. Subject to the receipt of final approval from the relevant
governmental authority, the supply of Equipment pursuant to the Contract will be eligible for
the benefits/exemptions in accordance with and pursuant to the provisions of relevant
notifications of the Government of India. Further, the Government of India has advised the
Indian State Governments to exempt supplies made to Mega Power Projects from Sales Tax
and local levies
In case Mega Power status is not obtained/sanctioned for the project, then the project owner
will be eligible to get avail the benefit under Deemed Export Benefit under Foreign Trade
Policy (Chapter- 8) and these benefits will have to claim by the vendors/sub vendors.
Domestically manufactured Equipment is eligible for deemed export benefits under the
export-import policy of the Government of India. Also, Equipment imported into India being
raw material and components is eligible for exemption from customs duties and finished
products directly imported for the project shall also be eligible for claiming refund of duties by
the vendors, pursuant to the relevant notifications.
Bidders should independently ascertain the availability of deemed export benefits in

accordance with the current Export-Import Policy of the Government of India. Each Bidder
must provide the Owner with all information necessary for the issuance of the relevant

certificate by the Owner in terms of the current Export-Import Policy of the Government of
India.
In case of import of Raw Material/components by vendors, the eligible amount of deemed

export benefit shall be clearly indicated in the Price Bid to as certain the same.
The Bidder shall be solely responsible for obtaining the deemed export benefits from the
Government of India. The Owner shall not be responsible or liable to the Bidder in any
manner if the Bidder fails, for any reason whatsoever, to receive the deemed export benefits
(in whole or in part) from the Government of India or if there is a delay in the receipt of such
benefits. Bidders shall further note that the Contract Price and/or payment/reimbursement
towards Taxes shall not be adjusted on account of variation in or withdrawal of the deemed
export benefits. Owner may reject as non-responsive any Bids which do not conform to this
provision.
The Owner will also have option to opt for EPCG Scheme under which the vendors/sub
vendors will be invalidated under EPCG licence to get the supplies under the scheme, and
the relevant benefits for claiming of duty refund for excise duty and availing exemption for
custom duty for imports shall be on account of vendors only.
3.4 Change of Quantity
During the execution of the Contract, the Owner reserves the right to increase or decrease
the quantities of items under the Contract but without any change in unit price or other terms
and conditions. Such variations shall not be subject to any limitations for the individual items
but the total variation in all such items under the Contract shall be limited to fifteen percent
(+/- 15%) of the Contract Price as awarded unless otherwise specified in the Special
Conditions of Contract or Technical Specifications.
The base unit rates, as identified in the Contract shall remain constant during the execution of
the Contract. The Contract Price based on the unit rates available in the Contract shall
accordingly be adjusted for the change in quantities as above. The variation in price so
derived will also be subject to price adjustment provision as applicable for the awarded
Contract Price. In case such variations are beyond the limits of fifteen percent (+/- 15%) of the
Contract Price as awarded, the unit rates for such items (for quantities beyond +/- 15% of the
Contract Price as awarded) shall be mutually discussed and agreed to. Further, in case the
unit rates are not available for the changes in quantity, the same shall be subject to mutual
agreement.
4.0 COMPLETENESS OF CONTRACT
The equipment shall be complete in every respect with all mountings, fittings, fixtures and
standard accessories normally supplied with such equipment even though not specifically
detailed in the specification unless included in the list of excluded items. The Contractor shall
not be eligible for any extra payment in respect of such mountings, fittings, fixtures and
standard accessories etc. which are needed for the safe operation of the equipment as
required by applicable Codes as per Contract, though they may not have been included
specifically in the Contract.
5.0 CONSTRUCTION OF THE CONTRACT
5.1 The Contracts to be entered into between the Owner and the successful Bidder shall be as
under:
5.1.1 For Foreign Bidder
- 'First Contract' for CIF (Indian Port-of-Entry) supply of Plant and Equipment including
spares to be supplied from abroad.

- 'Second Contract' for Ex-works (India) supply of domestically manufactured Plant and
Equipment including spares.
- Third Contract for providing all services i.e. port handling, port clearance and port
charges for the imported goods, further loading and inland transportation for delivery
at Site, inland transit insurance, unloading, storage, handling at Site, installation,
insurance covers other than inland transit insurance which has already covered
above, testing, Commissioning and conducting Performance Guarantee tests in
respect of all the equipment supplied under the First and the Second Contract and all
other services specified in the Contract Documents.
If the foreign bidder has proposed an Assignee to execute the Second Contract and/or the
Third Contract and has also furnished written unequivocal consent of the proposed Assignee
to work as independent Contractor on the terms and conditions offered by the bidder and if
the Owner is satisfied with capacity and experience of the Assignee, the Owner will enter into
the 'Second Contract' and/or 'Third Contract' with the said Assignee. In case no Assignee has
been proposed by the foreign bidder or if Assignee fails to enter into Contract with the Owner
or if the Owner in its judgment does not find acceptance of proposed Assignee as its
Contractor, then the foreign bidder shall be obliged to enter into and execute all the three
Contracts with the Owner covering the entire scope of work as envisaged in the bidding
documents on the same terms and conditions and cost as offered in his bid.
If the Owner accepts to enter into Second Contract and/or Third Contract with the Assignee
of foreign bidder, the said Assignee in addition to the Contract Performance Guarantee to be
provided by the foreign Contractor for ten percent (10%) of the value of all the three
Contracts, i.e. First Contract, Second Contract and Third Contract, shall provide separate
Contract Performance Guarantee equivalent to ten percent (10%) of the value of the
Contract(s) entered into with the Assignee for the due performance of the Contract(s), with an
initial validity upto successful Commissioning of Goods.
5.1.2 For Domestic Bidder
- First Contract' for CIF (Indian Port-of-Entry) supply of Plant and Equipment including
spares to be supplied from abroad.
- 'Second Contract' for Ex-works (India) supply of domestically manufactured Plant and
Equipment including spares.
- 'Third Contract' for providing all services i.e. port handling, port clearance and port
charges for the imported goods, further loading, inland transportation for delivery at
Site, inland transit insurance, unloading, storage, handling at Site, installation,
insurance covers other than inland transit insurance which has been already covered
above, testing, Commissioning and conducting Performance Guarantee tests in
respect of all the Plant and Equipment supplied under the 'First Contract' and 'Second
Contract' and all other services specified in the Contract Documents.
5.2 Contract Documents
These Contract Conditions together with the Specification, Bid drawings and guaranteed
technical particulars, Bid data with subsequent agreed modification thereof, Bid, all
correspondences with the Owner and Signed Agreement and other supporting documents
shall constitute the Contract Document(s). In case of any conflict or contradiction between the
Contract Document(s) inter se, the terms of the document bearing a later date shall prevail
over the earlier document. No variation or modification or terms and conditions of the Contract
Document(s) or waiver of any of these terms and conditions shall be deemed valid unless
agreed in writing and signed by the Owner and the Contractor.
5.3 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 an option herein provided shall in no way be construed to be a
waiver of such provisions, rights or option or in any way to affect the validity of the Contract.
The exercise by either party of any of his rights herein shall not preclude or prejudice either
party from exercising the same or any other right it may have hereunder.
5.4 Cross Fall Breach Agreement
The award of two/three separate Contracts shall be governed with the following cross fall
breach agreement:
The award of two/three separate Contracts shall not in any way dilute the responsibility of the
Contractor for the successful completion of the Goods and a breach in one Contract shall
automatically be construed as a breach of the other Contract which will confer a right on the
Owner to terminate the other Contracts also at the risk and cost of the Contractor.
5.5 It is expressly understood and agreed by and between the Contractor and the Owner that the
Owner is entering into this agreement solely on its own behalf and not on behalf of any other
person/entity/associate company/group company. It is expressly understood and agreed that
the Owner is an independent legal entity with power and authority to enter into contracts
solely on its own behalf under the applicable laws of India and the general principles of laws
of the Contract.
5.6 Independent Contract (s)
The Contract shall be independent of any other contract(s) entered into by the Contractor with
the Owner or with any other associate/subsidiary/group company of the Owner and no such
contract is to be used or relied upon for interpreting any provision of this Contract.
5.7 Joint Venture or Consortium
If the Contractor is a joint venture or consortium of two or more firms, all such firms shall be
jointly and severally bound to the Owner for the fulfilment of the provisions of the Contract and
shall designate one of such firms to act as a leader with authority to bind the joint venture or
consortium. The composition or the constitution of the joint venture or consortium shall not be
altered without the prior consent of the Employer
5.8 Completion of Contract
Unless otherwise terminated under the provision of any other relevant Clause-, this Contract
shall be deemed to have been completed on the expiration of the Defects Liability Period as
provided for under the Clause-34.0 entitled Defects Liability.
6.0 EFFECTIVE DATE OF CONTRACT/ZERO DATE OF CONTRACT
The Effective Date of Contract/Zero Date of Contract shall be the date of issuing of Letter of
Intent (LOI)/Order which ever is earlier.
7.0 SYSTEM OF UNITS, DIMENSIONS, MEASURES AND CALIBRATION
All dimensions, measures etc. shall be as per metric and CGS system of units. All instruments
recorders shall also be calibrated in metric and CGS system of units.
8.0 USE OF CONTRACT DOCUMENTS AND INFORMATION
8.1 The Contractor shall not, without the Owners prior written consent, disclose the Contract, or
any provision thereof, or any specification, plan, drawing, pattern, sample or information
furnished by or on behalf of the Owner in connection therewith, to any person other than a
person employed by the Contractor in the performance of the Contract. Disclosure to any

such employed person shall be made in confidence and shall extend only so far as may be
necessary for purposes of such performance.
8.2 The Contractor shall not, without the Owners prior written consent, make use of any
document or information enumerated in various Contract Documents except for purpose of
performing the Contract.
9.0 DRAWINGS & DOCUMENTS DISTRIBUTION SCHEDULE
9.1 The Contractor shall submit drawings and documents as per the distribution schedule shown
in Annexure-D.
In addition to the hard copies, the Contractor shall also send all drawings/documents through
e-mail as well as deliver a soft copy of all the final drawings/documents in CD.
9.2 Owner shall return to the Contractor one (1) set of all drawings/documents with their
approval/comments, if any. The Contractor shall correct his drawings/documents to conform
to the comments made by Owner and resubmit the corrected drawings/documents within two
(2) weeks in the same manner as stated above. The approval of Owner shall not relieve the
Contractor from any of his obligations and responsibility to perform the work conforming to the
specification unless the Owner issues a written amendment to the specification. After
approval of the drawings/documents, final drawings/documents shall be certified as
Approved for Construction and shall be submitted in quantities as specified above for
distribution purpose. Should any minor revision be made after Approval, the Contractor shall
redistribute the drawings/documents in the same procedure stated above. A number, date
and subject in a revision block provided in the drawings/documents shall mark every revision.
9.3 Five (5) copies each of the drawing (those drawings which are not prepared by the Contractor
but given to him by the Owner for execution of work by the Contractor) marked As Built shall
be returned immediately upon completion of the job by the Contractor and duly marked with
the needed modifications/alterations made at Site, in accordance with the Engineers
approval. Similarly, Five (5) sets of As Built drawings for drawings prepared by the
Contractor immediately upon completion of the corresponding work/works shall be furnished.
9.4 Any work shown on the drawing and not particularly described in the specification shall also
be included by the Contractor in his bid and the omission either from the drawings or
specifications of any detail of Work necessary and obviously intended shall not relieve the
Contractor from performing such Work.
9.5 The Contractor shall take approval of designs and drawings before commencement of
manufacture of the equipment. The Contractor at his own cost, if any discrepancy arises shall
rectify any manufacturing done prior to approval of drawings. No extension of delivery period
shall be granted on this account.
9.6 The Owner shall have the right to request the Contractor to make any change in the
design/drawing that may be necessary to make the equipment conform to the provision and
interests of the Contract at the cost and expense of the Contractor.
9.7 The Contractor shall be responsible for and shall pay for any alteration of the work due to any
discrepancies, errors and omissions in the drawings or other particulars, supplied by him,
whether such drawings or particulars have been approved by the Owner or not, unless such
discrepancies, errors or omissions are due to inaccurate information or particulars furnished
to the Contractor by the Owner.
9.8 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.
11.0 REPEAT ORDER/CONTRACT

The Owner reserves the right to place repeat order/Contract of Goods & Services or a part of
order/Contract of goods and services of same specifications & rating upto 6 (six) months from
the date of signing of Contract/date of release of Order for the Owners other project of
associate/subsidiary/group company of the Owner at the same price and terms & conditions
agreed in this Contract provided the scope, layout, technical specifications and Site conditions
(Including seismic zone) are identical to this Contract. In case of any change on account of
scope, layout, technical specifications, Site conditions (Including seismic zone), the variation
in Contract Price on this account shall be mutually discussed and agreed between the Owner
and the Contractor.
12.0 SPARE PARTS
12.1 All the spares for the equipment under the Contract will strictly confirm to the specification and
documents and will be identical to the corresponding main equipment/components supplied
under the Contract and shall be fully interchangeable.
12.2 The Contractor will provide the Owner with typical/identification drawings, catalogues,
assembly drawings and any other document reasonably required by the Owner so as to
enable the Owner to identify the spares. Such details will be furnished to the Owner as soon
as possible.
12.3 The Contractor will provide the Owner with all the addresses and particulars of his sub-
vendors/Sub-contractors while placing the order on vendors for items/components/equipment
identified under the Contract. The Contractor will take no action to prevent such vendors from
accepting orders for spares directly from the Owner.
12.4 In addition to the spares identified in the Contract, if the Owner further identifies certain
particular items of spares, the Contractor will submit the prices and delivery quotation for such
spares within 30 (thirty) days of receipt of such request with a validity period of 12 (twelve)
months for consideration by the Owner and placement of order for additional spares if Owner
so desires.
12.5 The Contractor shall guarantee the long-term availability of spares to the Owner for the full life
of the equipment covered under the Contract. The Contractor shall guarantee that before
going out of production of spare parts of the equipment covered under the Contract, he shall
give the Owner at least 12 (twelve) months advance notice so that the later may order his
bulk requirement of spares, if he so desires. The same provision will also be applicable to
subcontractors. Also, the Contractor/Sub-contractors will provide the Owner full
manufacturing drawings, material specifications and technical information required by the
Owner for the purpose of manufacture of such items for his own use or to procure such
spares from alternate source.
12.6 Further in case of discontinuance of supply of spares by the Contractor or his Sub-
contractors, the Contractor will provide the Owner with full information for replacement of such
spares with other equivalent make's if so required by the Owner.
12.7 The quality plan and the inspection requirement finalized for the main Goods will also be
applicable to the corresponding spares.
12.8 All spares covered under the Contract shall be produced and the delivery of the spares will be
effected along with the main Goods in a phased manner and the delivery would be completed
by the respective dates for the various categories of goods as per the agreed schedule.
13.0 MATERIALS AND WORKMANSHIP
All Goods to be supplied and all Works to be done by the Contractor under the Contract shall
be manufactured and executed in the manner stipulated in the Specifications.

The Contractor shall use the best available materials for the Works. These materials shall be
of recent manufacture, free from defects and imperfections and unused.
The highest standards of safety shall be adhered to during execution of the Works.
14.0 MINOR ACCESSORIES & FITTINGS
The Contractor shall supply all such minor accessories, fittings and apparatus required for the
completion of the supply that have not been specifically mentioned in the specification or bid
offer which are usual or necessary for the equipment.
15.0 PATENT RIGHTS AND ROYALTIES
Royalties and fees for patents covering materials, articles, apparatus, devices, equipments or
processes used in the Works shall be deemed to have been included in the Contract Price.
The Contractor shall satisfy all demands that may be made at any time for such royalties or
fees and he alone shall be liable for any damages or claims for patent infringements and shall
keep the Owner fully indemnified in that regard. The Contractor shall, at his own cost and
expense, defend all suits or proceedings that may be instituted for alleged infringement of any
patents involved in the Works, and, in case of an award of damages, the Contractor shall pay
for such award. In the event of any suit or other proceedings instituted against the Owner, the
same shall be defended at the cost and expense of the Contractor.
16.0 AFTER SALES SERVICES
The Contractor whenever asked for by the Owner at Contractors cost within the Defect
Liability Period and at the Owners cost after the Defect Liability Period shall attend to the
equipment/material supplied against this Contract.
17.0 NAME PLATES AND MARKING OF PARTS
All equipment shall have metal nameplate unless otherwise stated in the technical
specification fixed in a suitable position with full particulars engraved thereon. In order to
facilitate identification, the parts of the equipment shall be suitably marked.
18.0 PAINTING
All equipment shall be painted as per the requirement detailed in the technical specification.
The Contractor shall also supply adequate spare quantities of paints for touching up at site of
scratches that may have occurred during transport, handling, erection, testing and
commissioning.
19.0 AMENDMENT TO THE WORK
19.1 No alterations, amendments, omissions, additions, suspensions or variations of the plant or

work (hereinafter referred to as Variations) under the Contract as shown in the Contract
drawings or in the specifications shall be made by the Contractor except as directed in writing
by the Engineer who shall have full power subject to the provisions hereinafter contained,
from time to time during the execution of the Contract of giving notice in writing to instruct the
Contractor to make such variations and be bound by the same conditions, as far as
applicable, as though the said variations occurred in the Contract.
19.2 If any suggested variations in the opinion of the Contractor are likely to prevent him from
fulfilling any of his obligation or guarantees under the Contract, he shall notify the Owner
thereof in writing and the Owner shall decide forthwith whether or not the same shall be
carried out and if the Owner confirms his instructions the Contractors obligations and
guarantees shall be modified to such an extent as may be agreed to by the Owner.
19.3 The difference in cost, if any, occasioned by such variations shall be added to/or deducted
from the Contract price as the case may require. The amount of such difference, if any, shall

be ascertained and determined in accordance with the rates specified in the Schedules of
Prices, so far as the same may be applicable, and where the rates are not contained in the
said Schedules or are not applicable, they shall be settled by the Owner and Contractor,
jointly as far as possible, before such variations are carried out provided that the Owner shall
not become liable for the payment of any charge in respect of any such variations, unless the
instructions for the performance of the same shall have been given in writing by the Owner.
19.4 In every case, in which the Contractor has received instructions from the Owner for carrying
out any Work which may in the opinion of the Contractor involve a claim for additional
payment for extra work or for extra materials, the Contractor shall as soon as reasonably
possible after receipt of such instructions, inform the Owner to that effect. But the Owner shall
not be liable for payment of any charge in respect of any such variations unless instruction for
making the same shall have been given in writing by the Owner after receipt of such
information from the Contractor.
19.5 In case the Owner shall refuse to admit that any variation directed by him involves extra work
or extra materials entitling the Contractor to claim extra payment, the Contractor shall, never
the less if so required by the Owner, carry out the same and the matter of financial liability
shall be decided by arbitration as provided in these General Conditions.
19.6 In the event of the Owner requiring any variations, such reasonable and proper notice shall be
given to the Contractor as will enable him to make his arrangements accordingly, and in
cases where goods or materials have already been prepared or any designs, drawings or
patterns have been made or work done that is required to be altered, a reasonable sum in
respect thereof shall be allowed by the Owner provided that the Contractor will substantiate
the same to the satisfaction of the Owner.
20.0 SUSPENSION OF WORK
The Owner reserves the right to suspend and reinstate execution of the whole or any part of
the Contract without invalidating the provision of the Contract. The Owner will issue orders for
suspension or reinstatement of the Contract to the Contractor in writing. The time for
completion of the Works will be extended for a period equal to duration of suspension. Any
necessary and demonstrable cost incurred by the Contractor as a result of such suspension
of the Works will be paid by the Owner, provided such costs are substantiated to the
satisfaction of the Owner. 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.
21.0 PROJECT MANAGEMENT, PROGRESS REPORT AND PHOTOGRAPHS
21.1 The Contractor shall appoint a senior level officer as the Project Manager for project planning
and management who shall be the single point contact for all the issues related to design &
engineering, manufacturing, dispatches, erection, testing, commissioning and PG Testing of
the Goods. Before nominating the Project Manager, the Contractor shall submit to the Owner,
the profile of 3 4 proposed candidates giving the details of their experience in handling
similar kind of Works for Owners approval. The proposed candidates should have minimum 5
(five) years experience in independently handling such type of jobs. The Owner, if required,
shall take the interview of the proposed candidates and shall intimate to the Contractor
regarding their decision on the preferred candidate as Project Manager. The Contractor shall
have no right to change the Project Manager during the execution of the Contract without the
written consent of the Owner.
21.2 The Contractor shall submit, within fifteen (15) days from the date of Contract, an extensive
L1 Network (to be prepared by using Primavera software package or Microsoft Project)
covering various key phases of the work such as design, procurement, manufacturing,
shipment and field erection activities in line with the agreed work schedule. This network shall
also indicate the interface facilities to be provided by the Owner and the dates by which such
facilities are needed. The Contractor shall discuss the network so submitted with the Owner
and the agreed network, 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 Documents.

21.3 The Contractor shall submit the detailed L2 and L3 Networks (to be prepared by using
Primavera software package or Microsoft Project) within the time schedule as directed by the
Owner. In such networks, the Contractor shall divide the work under the Contract into various
small activities, assign the relationship between various activities, fix the start and finish dates
of all the activities, highlight the activities which are on the critical paths, indicate the total and
free floats available between the various activities etc. The Contractor shall submit such
detailed networks in soft form (in CD) to enable owner to incorporate the same in Master
Network of complete project
21.4 Monthly progress reports shall be submitted by the Contractor. The progress report shall be
submitted in such a form as may be required by the Owner. These shall detail the status of
design, procurement of raw materials, approval of Contractors drawings, manufacture of the
equipment, procurement of Sub-contractors items and statement showing position of
payment.
21.5 The Contractor shall furnish three (3) prints each of progress photographs of the work done in
his shop. Photographs shall be approximately 8 x 10 inches in size, including a margin on one
of the 10-inch sides for binding. 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.
22.0 DELAY IN DELIVERY/COMMISSIONING
a) The time for and date of delivery/Commissioning specified shall be deemed to be the
essence of the Contract and the Works shall have to be completed not later than the
date(s) specified. Should the Contractor fail to deliver/Commission the equipment or
any part thereof within the specified period, the Owner shall be entitled at his option.
i) To recover from the Contractor as Liquidated Damages stated in Part- C of

this Section- I.
ii) To source from elsewhere of similar description equipment after giving due
notice to the Contractor on his account and risk the equipment/material not
delivered without cancelling the Contract for the material/equipment not yet
due for delivery.
iii) To cancel the Contract or part thereof if so desired and to purchase the
material/equipment at the risk and cost of the Contractor.
b) The adjustment in regard to the amount recoverable if any, in terms of Para (a) above
shall be made from the Bank Guarantee(s) as may be available and/or in any other
manner as may be deemed appropriate by the Owner.
c) Any financial liability i.e. increase in rate of Excise Duty, Sales Tax, Custom Duty,
cost of raw material, freight charges, insurance tariff etc., arising consequent upon
failure of the Contractor to adhere to the stipulated delivery/Commissioning schedule
shall be to the account of Contractor.
23.0 FORCE MAJEURE CONDITIONS
23.1 Force Majeure is herein defined as any cause which is beyond the control of the Contractor or
the Owner, as the case may be, which they could not foresee or with a reasonable amount of
diligence could not have been foreseen and which substantially affect the performance of the
Contract, such as:
a) Natural phenomena, including but not limited to floods, droughts, earthquakes and
epidemics;
b) Acts of any Government, domestic or foreign, including but not limited to war,
declared or undeclared priorities, quarantines, embargoes;

c) Disruptions including but not limited to fires, explosions;

d) Riots and civil commotions;
e) Terrorist act;
f) Such change in law of Republic of India or State of Chhattisgarh, which makes the
performance of the obligations of a party illegal or impossible.
Provided either party shall within fifteen (15) days from the occurrence of such a
cause notify the other in writing of such causes.
23.2 The Contractor or the Owner shall not be liable for delays in performing their obligations
resulting from and only to the extent applicable and necessitating rescheduling (if any) of the
balance critical activities to any Force Majeure cause as referred to and/or defined above.
23.3 The date of delivery/Commissioning will be extended by a reasonable time by the Owner
considering the impact of such Force Majeure on the delivery/ Commissioning schedule.
23.4 In case of any lose/damage due to above Force Majeure conditions which are insurable under
various insurance polices specified in Clause- 28 of this GCC, the Contractor shall be
responsible for making good such losses/damages at its own cost and expense.
24.0 INSPECTION AND TESTING
24.1 The Owner and his duly authorised representative shall have at all reasonable times access
to the Contractors premises of works and shall have the power all reasonable time to inspect
drawing of any portion of the work or examine the materials and workmanship of the Work
during its manufacture. If part of the plant is being manufactured on other premises, the
Contractor shall obtain for the Owner and for his duly authorised representative permission to
inspect it as if the plant was manufactured in the Contractors own premises.
24.2 The Owner 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
drawing and all or any plant or workmanship connected with such work which, in his opinion
are not in accordance with the Contract or are in his opinion, defective for any reason
whatsoever.
24.3 The Bidder shall state in his bid the place of manufacture, testing and inspection of various
equipments offered by him. Unless specifically provided otherwise, all tests shall be made at
the Contractors work before shipment.
24.4 Contractor shall give the Owner or his duly authorised representative fifteen (15) days
advance notice of any material/equipment being ready for testing commensurate with delivery
schedule to depute his representative for inspection, testing & checking of the
material/equipment. For this purpose, the date of receipt of the letter in the office of the Owner
shall be deemed as the date of call for inspection and not the date mentioned in the letter or
its date of despatch.
24.5 All Plant and equipment shall comply with the requirement of type tests and shall be
subjected to the routine tests specified in the set of standards adopted and to such other tests
as stipulated in the respective technical specifications. Manufacturers test certificate shall be
submitted to the Owner for approval prior to despatch of any equipment.
24.6 In all cases where the Contract provides for test, whether at the premises of works of the
Contractor or of any Sub-contractor, the Contractor, except where otherwise specified shall
provide free of charge to the Owner, such labour, materials, electricity, fuel, water, stores,
apparatus and instruments as may reasonably be demanded to carry out efficiently such test
of the plant, in accordance with the Contract and shall give facilities to the Owner or his
authorised representative to accomplish such testing.

24.7 The Owner reserves to himself the right of having any inspection or special test of a
reasonable nature at Contractors premises or at site, in addition to those prescribed in
applicable standards and in the enclosed Technical Specification (Section- II).
24.8 When the tests have been satisfactorily completed at the Contractors or Sub-contractors
works, Owner shall issue a certificate to that effect but if the Owner or his representative did
not witness the tests, the certificate would be issued after the receipt of test certificate by the
Owner. No plant shall be shipped before such a certificate has been issued. The satisfactory
completion of these tests or the issue of this certificate, shall not bind the Owner to accept the
plant, should it, on further tests after erection, be found not to comply with the Contract.
24.9 The authorised representative of the Owner shall have at all reasonable times access to the
works and premises of the Contractor and or his associates, if any, and shall be free to
inspect the works, examine and test the product(s) including raw materials used and the
workmanship employed during or after the manufacture.
24.10 The Contractor shall provide without any extra charges, all necessary facilities including
materials, tools, labour and assistance required for carrying out such inspection, testing and
examination. The Contractor shall also furnish the latest calibration certificate of the testing
instruments/equipments used for the testing of the material/equipment/as covered in the
Contract, to the inspecting officer. The testing instruments/machines should be got calibrated
by the Contractor from time to time from the manufacturer of the testing instruments or any
Govt. recognised testing laboratory. The calibration certificate should not, in any case, be
older than one year at the time of presenting the same to the inspecting officer. In case,
however, the Contractor fails to comply with the conditions as aforesaid, a certificate in writing
of the inspector/representative of the Owner that the Supplier has failed to provide the
facilities shall be conclusive.
24.11 Unless the inspection is specifically waived, no material shall be despatched without prior
inspection and clearance for despatch by the Owners representative.
24.12 The Owner reserves the right to reject all or any part of the material being manufactured or
waiting despatch, due to any defect or deviations from the standard specifications prescribed
as observed during the inspection. In case of any dispute or difference in this regard, the
decision of the Owner shall be final and binding.
24.13 The Owner also reserves the right to get the material/equipment tested in any recognised
Government Laboratory and claiming any compensation or rejecting the material/equipment,
if not found in accordance with the specification. All charges consequent to such erection and
replacement/rectification shall be borne by the Contractor.
25.0 TEST CERTIFICATES
25.1 Photostat copies of latest type test certificates from any recognised Government Laboratory
for all the type tests wherever prescribed in the relevant latest edition of ISS (as applicable)
shall be furnished along with the Bid.
25.2 In case of any specific alternative requirement of type tests, the same shall be furnished as
per Section- II (technical specification).
25.3 The Supplier shall be required to furnish the routine/manufacturer(s) factory test certificate(s)
for the tests carried out during manufacture in accordance with the relevant standard
specifications.
26.0 ACCEPTANCE OF PLANT FOR DESPATCH
When all tests to be performed in the Contractors or Sub-contractors premises under the
terms of this Contract have been successfully carried out and test reports approved, the
despatch instructions will be given by the Owner to the Contractor. Instructions for immediate
despatch will not unreasonably be withheld.

27.0 PACKING, FORWARDING AND SHIPMENT
27.1 Foreign Supplier
27.1.1 The Contractor, shall after proper painting, pack and crate all equipment in a manner suitable
for ocean transportation to a tropical, hot climatic region in accordance with the internationally
accepted export practices and in such a manner so as to protect it from damage and
deterioration in transit by road, rail and/or sea and during storage at the Site till the time of
erection. The Contractor shall be held responsible for all damages due to improper painting,
packing and crating.
27.1.2 If the Contractor has exercised its option to ship the equipment in Containers, then the
Contractor shall use Liners Containers. However, in case the Contractor chooses to use his
own Containers for such shipment, then the Owner shall neither be responsible nor be liable
to bear customs duty levied on import of such Containers and it is expressly understood and
agreed that customs duty levied on such Containers shall be borne by the Contractor himself.
27.1.3 The Contractor shall notify the Owner of the date of each shipment from the port of
embarkation as well as the expected date of arrival of such shipment at the designated port of
arrival.
27.1.4 The Contractor shall give complete shipping information concerning the weight, size, content
of each package including any other information the Owner may require.
27.1.5 The Contractor shall prepare detailed packing list of all packages and containers, bundles,
materials forming each and every consignment despatched to Site. The Contractor shall
further be responsible for making all necessary arrangement for loading, unloading and other
handling right from his works to and at the Site and also till the equipments are erected,
tested and commissioned. He shall be solely responsible for proper storage,
preservation/conservation and safe custody of all equipments till such time the equipments
are taken over by the Owner.
27.1.6 The following documents shall be airmailed/faxed/sent by courier to the Owner within three
(3) days from the date of shipment.
i) Full set Bill of Lading (3 sets),

ii) Commercial Invoice (4 copies),
iii) Packing list (3 copies),
iv) Material Despatch Clearance Certificate (MDCC) issued by the Owner prior to
effecting shipment (2 copies),
v) Test Certificate (3 copies),
vi) Certificate of Country of Origin (3 copies)
vii) Marine Insurance Policy (1 copy)
27.2 Indian Suppliers
27.2.1 Contractors shall after proper painting, pack, and crate all equipment in such a manner as to
protect them from deterioration and damage during rail and road transportation to the Site and
Storage at Site till the time of erection. The Contractor shall be held responsible for all
damages due to improper painting, packing and crating.
27.2.2 The Contractor shall notify the Owner of the date of despatch of every consignment from his
works and the expected date of arrival at the Site.
27.2.3 The Contractor shall also give all despatch information concerning the weight, size and
content of each package including any other information the Owner may require.
27.2.4 The following documents shall be sent by courier/fax to the Owner within three (3) days from
the date of despatch of each consignment:

i) Invoices :- 4 copies
ii) Packing List :- 3 copies
iii) Material despatch Clearance Certificate
(MDCC) issued by Owner prior to effective
despatch :- 2 copies
iv) Test Certificates :- 3 copies
v) LR/GR Details :- 3 copies
28.0 INSURANCE
28.1 For Supply Contract(s)
The Contractor at his own cost shall arrange, secure and maintain a comprehensive transit
insurance policy for transportation of Goods including spares and tools & tackles during
transportation up to Site, as more specifically mentioned in the Schedule of Insurance
Specifications enclosed as Annexure-I.
The Contractor shall be responsible for any damage/loss to the Goods including spares and
tools & tackles during transportation up to Site.
Any replacement/repairs due to damage/loss to the Goods including spares and tools &
tackles covered under the Contract during transit shall be carried out by the Contractor at his
own cost and expense. Such replacement/repairs will be undertaken by the Contractor
irrespective of the lodgement and/or settlement of such insurance claims. As the transit
Insurance Policy of the Goods including spares and tools & tackles is the sole responsibility of
the Contractor, in case of any damage during transit, raising and settlement of insurance
claims including follow up etc with Insurance Company will be the sole responsibility of the
Contractor. The Insurance Claim towards such damage/loss shall be settled by the Contractor
directly with the Insurance Company and the Contractor shall be the beneficiary of the
settlement against all such Insurance claims.
Suitable extension in time, if necessary shall be granted by the Owner for

repairs/replacements after mutual agreement.
28.2 For Erection & Commissioning Contract/Construction Contracts [if these services are
in Contractor scope as per Bidding Documents]:
The Contractor at his own cost shall arrange, secure and maintain a comprehensive
insurance policy covering unloading, storage, erection/ construction, testing up to
satisfactorily completion of Commissioning of the Goods. As after successful Commissioning
of the Goods, the Goods will be taken over by the Owner for commercial operation, the
insurance of the Goods will be covered under O&M insurance policy of the Owner.
The Contractor shall be responsible for any damage/loss to the Goods till successful
Commissioning of the Goods, and as such will arrange and maintain various insurance
policies as more specifically mentioned in the Schedule of Insurance Specifications
enclosed as Annexure- I.
In case Commissioning is delayed due to the reasons not attributable to the Contractor, the
Owner at its discretion either shall take the Insurance policy at their own cost for the extended
period or else ask vendor/contractor to extend the same and premium shall reimbursed at
actual, paid by the Contractor plus handling charges which shall be mutually discussed and
agreed.
Any replacement/repairs due to damage/loss to the Goods covered under the Contract up to
successful Commissioning of the Goods shall be carried out by the Contractor at his own cost
and expense. Such replacement/repairs will be undertaken by the Contractor irrespective of
the lodgement and/or settlement of such insurance claims. As the comprehensive Insurance
Policy up to Commissioning of the Goods is the sole responsibility of the Contractor, in case

of any damage up to successful Commissioning, raising and settlement of insurance claims

including follow up etc with Insurance Company will be the sole responsibility of the
Contractor. The Insurance Claim towards such damage/loss shall be settled by the Contractor
directly with the Insurance Company and the Contractor shall be the beneficiary of the
settlement against all such Insurance claims.
Suitable extension in time, if necessary shall be granted by the Owner for

repairs/replacements after mutual agreement.
28.3 Common for Supply and Erection & Commissioning Contracts [if Installation services
are not in Contractor scope as per Bidding Documents, in such case, this particular
Clause- is applicable for supply Contract(s)]
During the course of execution of the Contract, the Contractor shall procure and maintain the
following types of insurance coverage, as more specifically mentioned in the Schedule of
Insurance Specifications enclosed as Annexure-I.
28.3.1 Workmens Compensation Insurance: Covering all the workers temporary/permanent

employed by the Contractor as well as their Sub-contractors
28.3.2 Transit Insurance: All the materials required for the execution of the Contract to be insured
under Transit Insurance policy on All Risk basis.
28.3.3 Contractors All Risk Insurance/Erection All Risk Insurance: This insurance shall include all
risks including coverage for fire, earthquakes and flood perils, testing, incidental storage,
structures, equipments, buildings, improvements and temporary works/structures etc used in
the construction/erection of or as part of the Work from the start of Works. The coverage shall
not be less than the Contract Price including all taxes, duties, erection and construction costs,
suitable percentage towards escalation etc, subject to a reasonable deductible, which is
commercially available at similar rates for Works of similar size and similar location. The
Owner, Lender and Sub-contractors shall be named additional insureds as their interest may
appear with respect to the Work, and policy shall provide for a waiver for subrogation in
favour of the Contractor and all the additional insured. The policy shall include coverage of
physical loss or damage even if it results from professional error, omission, or other faults or
negligence of any person. The policy should be extended to cover removal of debris,
expediting costs and terrorism risks.
28.3.4 Group Personal Accidental Policy: Covering all the workers temporary/ permanent
employed by the contractor as well as their subcontractors.
28.3.5 Third Party Liability Insurance: Covering legal liability to third parties for bodily injury or
damage to property arising out during the execution of the Contract.
28.3.6 Contractors Plant & Machinery Insurance: Construction Equipment deployed at the Site to be
insured on full replacement value under this Insurance. The policy to be extended to cover
third Party Liability including Cross Liability for an single event and aggregate during the
execution of the Contract for the amount to be mutually discussed and agreed with the
successful Bidder.
28.3.7 Professional Indemnity Insurance: To provide indemnity to the Owner as a result of errors and
omissions in the design/manufacturing/execution of the Goods, the policy to be taken for the
indemnity limits of any one accident and aggregate of Rs. 50 million. This policy should
remain in force for 12 (twelve) months after the successful Commissioning.
28.3.8 Liability for Accidents and Damages: Under the Contract, the Contractor shall be responsible
for loss or damage to the Works until the completion of Works.
28.3.9 The coverage in all respect of all the policies will be subject to annual review and adjustment
to ensure adequacy of the coverage.

Losses and damages shall be payable in the same currency used to acquire the damaged or
lost goods.
28.3.10 Without in any manner limiting its obligations and responsibilities, the Contractor shall
throughout the period of the execution of Works up to the successful Commissioning, insure
against his liability for damage, loss or injury which may occur to any property or to any
person arising out of the execution of the Works.
The Contractor shall furnish to the Owner copies of all the policies of insurance along with the
policy schedules and receipt for premium paid and other connected documents and in
addition shall whenever required by the Owner produce to the Owner such and other
connected documents pertaining to insurance coverage and claims as the Owner may require
29.0 OWNER ACCEPTANCE TESTS
29.1 For Owner Acceptance Tests at Site, the Contractor, except where otherwise specified, shall
provide free of charge such labour, material, electricity, fuel, water, apparatus and
instruments as may be required from time to time to carryout efficiently such test of the plant,
material or workmanship in accordance with the Contract. In case equipment/material is not
found as per the Contract, all expenses incurred during site testing will be to the Contractor
account and material shall be replaced by Contractor at Site at their own cost and expense.
29.2 The following field inspections and tests will be carried out in the sequence detailed below
and the successful performance and completion of all the tests taken together shall constitute
the Owner Acceptance Tests:
a) Inspection and Pre-commissioning Tests
i) On completion of erection of the equipment and before start-up, each item of

the equipment shall be thoroughly cleaned and then inspected jointly by the
Owner and the Contractor for correctness and completeness of installation
and acceptability for start-up leading to initial pre-commissioning tests at Site.
The list of pre-commissioning tests to be performed shall be as mutually
agreed and included in the Contractors quality assurance programme.
ii) The Contractors Commissioning/start-up engineers, specially identified as far

as possible, shall be responsible for carrying out all the pre-commissioning
tests at Site.
iii) The time consumed in the inspection and checking of the units shall be
considered as a part of the erection and installation period.
b) Start-up and Initial Operation
On completion of inspection, checking and after the pre-commissioning tests are

satisfactorily over, the complete equipment shall be placed on initial operation during
which period the complete equipment shall be operated integral with sub-systems
and supporting equipment as a complete plant and necessary adjustments, repairs
etc. will be made.
When the equipment is operating properly, its characteristics shall be recorded on the
start-up report sheets.
The time consumed in Start-up and Initial operation shall be considered as a part of
the erection and installation period.
After the completion of the initial operation, the unit shall be put under Trial Operation.
c) Trial Operation

i) For the period of trial operation, the time of operation with any load shall be
counted. The trial operation shall be conducted for 240 continuous hours.
However, minor interruptions not exceeding 1 - 2 hours at a time caused
during the continuous operation and totalling to 24 (twenty four) hours will not
affect the total duration of trial operation. However, in case of interruption,
longer than 24 (twenty four)hours, the trial operation will be prolonged for the
period of interruption. In case the full load operation for 5 (five) days is
achieved without any problem/interruption during the period of trial operation,
the trial operation and Commissioning shall be treated as complete even
though the trial operation period of 240 hours might have not been
completed.
ii) During the above trial operation the entire plant including all equipment(s),
system(s) and sub-system(s) shall operate in accordance with their predicted
performance without any problem/vibration/noise etc.
d) Commissioning
After the completion of trial operation, the equipment covered under this Contract
shall be operated successfully at full load without any problem/interruption for a
continuous period of 5 (five) days. However, in case the full load continuous operation
for a period of 5 (five) days without any problem/interruption is achieved during the
period of Trial Operation, the Goods shall be treated as Commissioned.
e) Performance and Guarantee Test
i) The final test as to the performance and guarantees shall be conducted at

Site by the Contractor in presence of the Owner. Such test will be
commenced, within a period of three (3) months after successful completion
of Commissioning. Any extension of time beyond the above three (3) months
shall be mutually agreed upon.
ii) These tests shall be binding on both the parties of the Contract to determine
compliance of the equipment with the performance guarantees.
iii) Any special equipment, tools and tackles required for the successful
completion of the performance and guarantee tests shall be provided by the
Contractor, on loan basis. However, labour, electricity, water and fuel shall be
provided by Owner free of cost.
iv) In case both the Contractor and the Owner mutually agree for conducting the
Performance Guarantee Tests beyond 3 (three) months from the date of
Commissioning of the Goods, in such case, the Contractor shall demonstrate
the performance taking in to account the aging of the Goods (based on the
prevailing International codes and Standards).
30.0 REJECTION OF DEFECTIVE PLANT
30.1 If the completed plant, or any portion there-of, before it is taken over by the Owner be found
defective or fails to fulfil the requirements of the Contract, the Engineer shall give the
Contractor notice setting forth particulars of such defects or failure and the Contractor shall
forthwith make the defective plant good or alter the same to make it comply with the
requirements of the Contract at his own cost and expense. Should he fail to do so within a
reasonable time, which shall be decided by the Owner, Owner may take action to 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 fulfil the requirements of the Contract.
30.2 In the event of such rejection, Owner shall be entitled to the use of the Plant in reasonable
and proper manner for a time reasonably sufficient to enable him to obtain other replacement

plant. During the period the rejected plant is used commercially the Contractor shall not be
entitled to any sum as payment for such use.
30.3 Nothing in this Clause- shall be deemed to deprive the Owner of, or affect any rights under
the Contract which he may otherwise have in respect of such defects or deficiencies or in
anyway relieve the Contractor of his obligation under the Contract.
31.0 FINAL ACCEPTANCE AND TAKING OVER
31.1 For the purpose of Trial Operation/Commissioning and Performance & Guarantee Tests to be
performed by the Contractor, the Owner, as a part of his input, will provide operating
personnel for operation of the equipment. During such operation, the Owners operating
personnel shall be under the direct supervision of the Contractors/manufacturers
representative. However, the operating personnel of the Owner shall be required to do only
those duties, which are normally assigned to such operational staff. All other required labour
shall be arranged by the Contractor.
31.2 Upon successful completion of Owner Acceptance Tests to be performed at Site on

equipments furnished and erected by the Contractor, the Owner 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 the terms
and conditions of the Contract after issuance of such certificate.
32.0 DEFENCE OF SUITS
If any action in Court is brought against the Owner or an officer or agent of the Owner, for the
failure, omission or neglect on the part of the Contractor to perform any acts, matters,
covenants or things under the Contract, or for damage or injury caused by the alleged
omission or negligence on the part of the Contractor, his agents, representatives or his Sub-
contractors, or in connection with any claim of Sub-contractors, Workmen, Suppliers or
Employees, the Contractor shall in all such cases indemnify and keep the Owner and/or his
representative harmless from all losses, damages or expenses arising out of such action.
33.0 LIMITATION OF LIABILITIES
Except in the case of criminal neglect or wilful misconduct:
a) The Contractor shall not be liable to the Owner, whether in Contract, tort, or
otherwise, for any indirect or consequential loss or damage, provided that this
exclusion shall not apply to any obligation of the Contractor to pay Liquidated
Damages to the Owner, and
b) The aggregate liability of the Contractor to the Owner under the Contract shall not
exceed the Contract Price (including taxes & duties), provided that the limitation shall
not apply to any obligation of the Contractor to repair or replace defective Equipment
or to indemnify the Owner with respect to patent infringement.
34.0 DEFECTS LIABILITY
34.1 For Supply Contract
a) The Defects Liability Period of Goods shall be for a period of twelve (12) calendar
months from the date of Commissioning or eighteen (18) months from the date of last
item received, whichever is earlier.
b) The Defects Liability Period for Mandatory & Recommended spares shall be for a
period of twenty four (24) months from the date of receipt of first consignment or
eighteen (18) months from the date of receipt of last consignment, whichever is
earlier.

c) The Contractor shall be liable to replace/upgrade at his own cost and expense with
the specific consent of the Owner, any defective part/parts supplied by them under
the Contract arising during the Defects Liability Period.
d) In the event of any emergency where in the judgement of the Owner, delay would
cause serious loss or damages, repairs or adjustment may be made by the Owner or
a third party chosen by the Owner without advance notice to the Contractor and the
cost of such work shall be paid by the Contractor. In the event such action is taken by
the Owner, the Contractor will be notified promptly and he shall assist wherever
possible in making necessary corrections. This shall not relieve the Contractors
liability under the terms and conditions of the Contract.
e) The Defects Liability period for the replaced/renewed/repaired parts shall remain until
the expiration of twelve (12) months from the date of such replacement or renewal or
repaired.
f) The repaired or new parts will be furnished free of cost by the Contractor. If any repair
is carried out on his behalf at the Site, the Contractor shall bear the cost of such
repairs.
g) The cost of any special or general overhaul rendered necessary during the Defects
Liability period due to defects in the plant or defective work shall be borne by the
Contractor.
h) The acceptance of the Goods, Mandatory & Recommended spares and tools &
tackles by the Owner shall in no way relieve the Contractor of his obligations under
this Clause-.
i) In respect of goods supplied by Sub-contractors to the Contractor where a longer

guarantee is provided by such Sub-contractors, the Owner shall be entitled to the
benefit of such longer guarantee.
j) At the end of the Defect Liability Period, the Contractors liability ceases except for
Latent Defects. Latent Defects are inherent defect in design, workmanship or
material which have surfaced after the Defect Liability Period and which could not be
found during normal checking and which may hinder or endanger the normal
operation of equipment. Contractor will make good such default which shall appear
during said period in case such defect is noticed to Contractor within 30 (thirty) days
after it shall be first noticed by the Owner.
The provision of latent defects as above shall be applicable up to the end of six (6)
years period after the taking over of the Plant by the Owner.
34.2 For Erection & Commissioning Contract [if Installation is in Contractor scope as per
bidding Documents]
a) The Defects Liability Period shall be for a period of twelve (12) calendar months from
the date of Commissioning of Goods. The Contractor shall be liable to
replace/upgrade at his own cost and expense with the specific consent of the Owner,
any defective parts in the Goods erected by them and to rectify all defects in
workmanship relating to erection and Commissioning of the Goods, under the
Contract arising during the Defects Liability Period.
b) In the event of any emergency where in the judgement of the Owner, delay would
cause serious loss or damages, repairs or adjustment may be made by the Owner or
a third party chosen by the Owner without advance notice to the Contractor and the
cost of such work shall be paid by the Contractor. In the event such action is taken by
the Owner, the Contractor will be notified promptly and he shall assist wherever
possible in making necessary corrections. This shall not relieve the Contractors
liability under the terms and conditions of the Contract.

c) The Defects Liability period for the replaced/renewed/repaired parts shall remain until
the expiration of twelve (12) months from the date of such replacement or renewal or
repaired.
d) The repaired or new parts will be furnished and erected free of cost by the Contractor.
If any repair is carried out on his behalf at the Site, the Contractor shall bear the cost
of such repairs.
e) The cost of any special or general overhaul rendered necessary during the Defects
Liability period due to defects in the Goods or defective work shall be borne by the
Contractor.
f) The acceptance of Commissioning of the Goods by the Owner shall in no way relieve
the Contractor of his obligations under this Clause-.
35.0 TERMS OF PAYMENT
As stated in Part- C.
36.0 CURRENCY OF PAYMENT
The Contract Price shall be paid in currency or currencies as incorporated in the Contract.
37.0 DEDUCTION FROM CONTRACT PRICE
All costs, damages or expenses which the Owner may have paid, for which, under the
Contract, the Contractor is liable, will be claimed by the Owner. All such claims shall be billed
by the Owner to the Contractor regularly as and when they fall due. Such bills shall be
supported by appropriate and certified vouchers or explanations, to enable the Contractor to
properly identify such claims. Such claims shall be paid by the Contractor within fifteen (15)
days of the receipt of the corresponding bills and if not paid by the Contractor within the said
period, the Owner may then deduct the amount, from any money due or becoming due by him
to the Contractor under the Contract or may be recovered by actions of law or otherwise, if
the Contractor fails to satisfy the Owner of non-pay ability of such claims by the Contractor.
38.0 CONTRACTORS VENDORS/SUPPLIERS
38.1 Any material/parts of the equipment for which origin/makes are identified in the Contract, the
Contractor shall not procure equipment or part thereof for incorporation in his supplies from
other Vendors/Suppliers without applying in writing to the Owner for his examination and
getting his prior written approval thereon. Any change in the Vendors/Suppliers already
identified in the Contract shall also be subject to approval by the Owner. If the Contractor
finds it necessary to have Vendors/Suppliers for additional items/materials or to change the
already identified (in the Contract) supplier, the relevant application to the Owner shall include
the experience list of such equipment Vendors and past prove ness of such
materials/equipment. Any approval by the Owner for any of the Vendors/Suppliers of the
Contractor shall not relieve the Contractor from any obligation, duty or responsibility under the
Contract. The vendors/suppliers name in all the cases shall be approved by the Owner.
38.2 For all components/equipment procured by the Contractor for the purposes of the Contract,
the Contractors purchase specifications and enquiries shall call for quality plans to be
submitted by his vendors/Suppliers along with their proposal. Such quality plans of the
successful vendors/Suppliers shall be discussed and finalised by the contractor in
consultation with the Owner and shall form a part of the purchase order/contract between the
Contractor and the Vendors/Suppliers. Within two (2) weeks of the release of the purchase
orders/contracts for such bought out items/components, a copy of the same without price
details but together with detailed purchase specifications, quality plans and delivery
conditions shall be furnished to the Owner by the Contractor.

39.0 TRAINING OF OWNERS PERSONNEL/FOLLOW UP BY OWNER
a) If considered necessary, the Owner will depute his personnel at contractors works/its
Sub-contractors works for training without any additional liability to the Owner. The
details of the number of persons to be trained, period of training, nature of training
etc. shall be mutually discussed between the Contractor and the Owner.
b) If considered necessary, the Owner will depute their engineers at the

Contractors/their Sub-contractors manufacturing plant/office for long durations for
follow up of various activities such as engineering, manufacturing, assembly, testing,
dispatch etc. The Contractor/their Sub-contractors will provide at their own cost and
expense boarding & lodging facilities in their Guest House/hotel and also the local
conveyance from the place of stay to their manufacturing plant/office. The
Contractor/their Sub-contractors shall also provide furnished office space along with
EPABX Telephone line and one (1) Computer along with Internet connection free of
cost. However, medical/insurance charges of the Owners Engineers shall be borne
by the Owner. The Contractor/their Sub-contractors will provide permanent entry pass
to the Owners engineers deputed for the follow up and shall allow uninterrupted
access to their various manufacturing units and shall make available the various
documents/drawings to them.
c) All travelling expenses except local conveyance for the personnel to be deputed for
training & follow-up shall be borne by the Owner.
40.0 DEMURRAGE, WHARFAGE, ETC.
In the performance of the Contract by the Contractor all demurrage, wharfage and other
expenses incurred due to delayed clearance of the material for reasons attributable to the
Contractor shall be to the account of the Contractor.
41.0 ASSIGNMENT AND SUB-LETTING OF CONTRACT
41.1 The Owner will award the Contract to the Contractor by virtue of their expertise and
experience in execution of such Works and therefore no part of the Contract or any share or
interest therein shall in any manner or degree be transferred, assigned, or sub-let by the
Contractor directly or indirectly to any person, firm or company whatsoever without the prior
consent in writing of the Owner for which the Contractor shall give a written request to the
Owner at least thirty (30) days in advance of the proposed date of transfer, assignment or
sub-letting. Such request for transfer, assignment or sub-letting shall contain:
(a) Contractor's certification regarding the financial soundness of the proposed

transferee, assignee or Sub-contractor for the Work;
(b) its scope and estimated value in relation to the Contract Price;
(c) experience of the transferee, assignee or Sub-contractor in the related areas of Work;
(d) the manpower, equipment, material and other resources available with the transferee,
assignee or Sub-contractor for the Work;
(e) domicile of the proposed transferee, assignee or Sub-contractor and particulars of its
other existing operations or contracts, if any, in India.
41.2 Within four weeks of the date of the receipt of request for consent pursuant to this Clause-,
the Owner shall either give in writing consent thereof or communicate refusal. In the event of
the Owner failing to communicate the refusal within the above said four weeks period, the
Contractor shall be entitled to proceed as if the Owner had granted consent to such requests.
41.3 Notwithstanding anything to the contrary contained herein, the Contractor shall remain solely
responsible for and shall obtain all permits, licenses, approvals and authorization as may be

required under all applicable laws and regulations in India in respect of any award or
performance of any transfer, Sub-contract, sub-letting or assignment pursuant hereto.
41.4 Notwithstanding any transfer, assignment or sub-letting with the approval of the Owner as
aforesaid, the Contractor shall be and shall remain solely responsible and liable to the Owner
for the quality, proper and expeditious execution and performance of the Goods and for due
performance and observance of all the conditions of the Contract in all respects, as if such
transfer, assignment or sub-letting has not taken place and as if the Work so transferred,
assigned or sublet has been done directly by the Contractor.
41.5 If any such transferee, assignee or Sub-contractor engaged upon the Works, executes any
Work, which in the opinion of the Owner is not in accordance with the Contract, the Owner
may by written notice to the Contractor request him to terminate such sub-contract and the
Contractor upon the receipt of such notice shall terminate such sub-contract and dismiss such
Sub-contractor and the latter shall forthwith leave the Works failing which the Owner shall
have the right to remove such Sub-contractor from the Site. In such cases no liability
whatsoever will be attached to the Owner, nor will the Owner bear the cost of such sub-
contract.
No action taken by the Owner under this Clause- shall relieve in any manner whatsoever, the
Contractor of any of his liabilities and obligations under the Contract including completion
period or give rise to any right to compensation/extension of time or otherwise.
42.0 CO-OPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEER
42.1 The Contractor shall fully co-operate with the Owners other contractors and with Consulting
Engineer, however, no exchange of information/documents will occur between the Contractor
and the Owners other contractors and Consulting Engineer.
42.2 If any part of the Contractors work depends upon the work of any other contractor, the
Contractor shall inspect and promptly report in writing to the Owner any defect in such Works.
His failure to do so shall constitute an acceptance of other contractors work and no claim or
extension of time is this regard shall be entertained by the Owner.
43.0 CHANGE OF NAME
43.1 At any stage after Bidding, the Owner shall deal with the Contractor only in the name and at
the address under which he has submitted the Bid. All the liabilities/responsibilities for the
execution of the Contract shall be those of the Contractor and in no circumstances he shall be
relieved of any obligations under the Contract.
44.0 BRIBES, COMMISSION ETC.
Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the
Contractor or his partners agent or servant or any one on his or on their behalf, to any officer,
servant, representative or agents of the Owner or any person on his or their behalf, in relation
to the obtaining or to the execution of this or any other Contract with the Owner, shall in
addition to any criminal liability which he may incur, subject the Contractor to the cancellation
of this and all other Contracts and also to payment of any loss or damages resulting from any
such cancellation to the Owner. The Owner shall then be entitled to deduct the amounts
otherwise due to the Contractor under this or any other Contract. Any question or dispute as
to the commitment of any offence under the present Clause- shall be settled by the Owner in
such manner and on such evidence or information as he shall think fit and sufficient and his
decision shall be final and conclusive.
45.0 CONTRACTORS DEFAULT
45.1 The Purchaser/Owner may terminate the Contract on Contractors default i.e. if the
Supplier/Contractor:

a) is neglecting to perform his obligations or is not seriously carrying out the scope of
work or
b) abandons the Contract or
c) becomes bankrupt or insolvent.
Under such event the Purchaser/Owner shall be entitled to serve a notice of default as above
on the Supplier/Contractor.
45.2 Should the Contractor fail to comply with the notice within thirty (30) days from the date of
notice, in such case, the Owner shall be at liberty to employ other workmen and forthwith
execute such part of the Works which the Contractor may have neglected to do or if the
Owner shall think fit, without prejudice to any other right he may have under the Contract, to
take the Works wholly or in part out of the Contractors hands and re-contract with any other
person or persons to complete the Works or any part hereof at the cost and expense of the
Contractor and in that event the Owner shall have free use of all Contractors equipment that
may have been at Site in connection with the Works without being responsible to the
Contractor over the same. The Owner shall be entitled to retain any balance, which may
otherwise be due to the Contractor by him and shall use this money to make the payment for
executing the said part of the Works or of completing the Works as the case may be. If the
cost of completing the Works or executing a part thereof as aforesaid shall exceed the
balance due to the Contractor, the Contractor shall pay such excess. Such payment of excess
amount shall be independent of the liquidated damages for delay, which the Contractor shall
have to pay if the completion of works is delayed.
In addition, such action by the Owner as aforesaid shall not relieve the Contractor or his
liability to pay liquidated damages for delay in completion of Works.
The termination of the Contract under this Clause- shall not entitle the Contractor to reduce
the value of the Performance Guarantee nor the time thereof. The Performance Guarantee
shall be valid for the full value and for the full period of the Contract including Defects Liability
Period.
45.3 The Owner reserves the right to terminate the Contract in part or in full due to reasons other
than those mentioned above. The Owner shall in such an event give fifteen (15) days notice
in writing to the Contractor of his decision to do so.
The Contractor upon receipt of such notice shall discontinue the Work on the date and to the
extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders
and contracts to the Owner, stop all further sub-contracting or purchasing activity related to
the work terminated, and assist the Owner in maintenance, protection, and disposition of the
Works acquired under the Contract by the Owner.
If the Contract shall be terminated as aforesaid in this Clause- 45.3, the Contractor shall be
paid by the Owner for all work including any partially completed Work or service, executed
prior to the date of termination at the rates and prices provided in the Contract. If no rates and
prices are provided in the Contract, the amount shall be as certified by the Owner and will be
commensurate with the proportion of work performed.
46.0 ARBITRATION
a) Any disputes or differences arising out of, in connection with or in relation to this
Contract (Disputes) shall in the first instance be attempted to be resolved amicably
by negotiations in good faith between the Parties.
b) However, in case any Dispute or Disputes cannot be amicably resolved/settled within

thirty (30) days, the same shall be referred to arbitration.
c) Arbitration shall be in accordance with the provisions of the Indian Arbitration and
Conciliation Act, 1996 as amended from time to time.

Upon the failure of the negotiation process as set out in Clause- A & B above, either
Party may seek the reference of the Dispute/Disputes to arbitration by serving upon
the other a written demand that such matter be arbitrated. Written demand shall
include a brief description of the Dispute/Disputes and shall specify the name and
address of an arbitrator selected by him. The other Party shall within twenty (20) days
of receipt of the arbitration demand select his arbitrator and provide the name and
address of such arbitrator to the demanding Party and his arbitrator. The two selected
arbitrators shall within fifteen (15) days of the selection of the second arbitrator select
the third arbitrator. In case the two arbitrators are not able to agree on the third
arbitrator, the same shall be appointed as per the Indian Arbitration and Conciliation
Act 1996 as amended from time to time.
d) The place of arbitration shall be Nagpur/Ranchi, India and the laws applicable to the
arbitration procedures shall be in accordance with the laws of India. The English
language shall be used throughout the arbitrage proceedings. The Parties and the
arbitrators shall proceed with the arbitration expeditiously and shall use their best
endeavours to conclude the Arbitration within ninety (90) days from the date of start
of Arbitration proceedings.
e) The decision of any two of the three arbitrators shall be final and binding. The parties
agree that the decision and any award rendered by the arbitrators in connection with
a Dispute:
i) Shall be final and binding on the Parties.

ii) Shall be the sole and exclusive remedy between the Parties regarding the
Dispute. The arbitration expenses shall be borne as per the award of
arbitration if same are given in the award of arbitration else same shall be
borne by the loosing party.
f) It is hereby clarified that in case the Contractor is a Joint Venture, comprising of two
or more joint venture partners, the Joint Venture will be entitled to nominate only one
Arbitrator as per Clause- 46.0 c) above and the Lead Partner nominated by the Joint
Venture shall alone be entitled to represent the Joint Venture in arbitration
proceedings. Any disputes or differences between the joint venture partners inter se
shall not form part of the arbitration proceedings under this Contract and shall not
affect the arbitration proceedings in any manner. Arbitration Award shall however be
enforceable jointly and severally against the joint Venture, and each of the joint
venture partners.
47.0 TRANSFER OF OWNERSHIP
47.1 Ownership of the Plant and Equipment (including spare parts and tools and tackles) to be
imported into the Country where the Site is located shall be transferred to the Owner upon
loading on to the mode of transport to be used to convey the Plant and Equipment from the
Country of Origin to that Country.
47.2 Ownership of the Plant and Equipment (including spare parts and tools and tackles) procured
in the Country where the Site is located shall be transferred to the Owner when the Plant and
Equipment are loaded on to the mode of transport to be used to convey the Plant and
Equipment from the works to the Site and upon endorsement of the despatch documents in
favour of the Owner.
47.3 Ownership of the Contractors Equipment used by the Contractor and its Sub-contractors in
connection with the Contract shall remain with the Contractor or its Sub-contractors.
47.4 Ownership of the Plant and Equipment in excess of the requirement for the Works shall revert
to the Contractor upon completion of the Works or at such earlier time when the Owner and
the Contractor agree that the Plant and Equipment in question are no longer required for the
Works, provided quantity of any Plant and Equipment specifically stipulated in the Contract
shall be the property of the Owner whether or not incorporated in the Works.

47.5 Notwithstanding the transfer of ownership of the Plant and Equipment, the responsibility for
care and custody thereof together with the risk of loss or damage thereto shall remain with the
Contractor pursuant to Clause- 69 (Protection and Care of Works) hereof until completion of
Works or the part thereof in which such Plant and Equipment are incorporated.
GENERAL CONDITIONS APPLICABLE FOR ERECTION & COIMMISSIONING CONTRACT [If

Installation is in the scope of Contractor as per bidding Documents]
48.0 These general conditions for erection of equipment shall be read and construed with other
General Conditions of Contract indicated in this Part. If there is any conflict or inconsistency
between the provisions of subsequent Clause-s and proceeding Clause-s of this Part, the
subsequent Clause-s shall prevail so far the erection work covered under the Contract is
concerned.
49.0 The Contractor shall nominate a senior officer as Project Manager at Site designated for the
purpose of overall responsibility and co-ordination of the services to be performed at site.
Before nominating the representative, the Contractor shall submit to the Owner, the profile of
3 4 proposed candidates giving the details of their experience in handling similar kind of
works for Owners approval. The proposed candidates should have minimum five (5) years
experience in independently handling such type of jobs. The Owner, if required, shall take the
interview of the proposed candidates and shall intimate to the Contractor regarding their
decision on the preferred candidate as Project Manager. The Contractor shall have no right to
change the Project Manager during the execution of the Contract without the written consent
of the Owner. He will also co-ordinate with other contractors of Owner.
50.0 Services referred hereinafter in this Part shall mean and include all activities of the
Contractor at site as per accompanying technical specifications and Contract Documents.
51.0 Erection Contractor as referred hereinafter in this Part shall mean the contractor appointed
by the Contractor for actual erection of Goods. Before appointing the Erection Contractor, the
Contractor shall submit to the Owner, the profile of 7 8 proposed agencies giving the details
of their experience in handling similar kind of works for Owners approval. The proposed
agencies should have minimum 5 years experience in independently handling such type of
jobs. The Owner, if required, shall take the interview of the proposed agencies and shall
intimate to the Contractor regarding their decision on the preferred 3 4 agencies as Erection
Contractor. The Contractor shall have no right to change the Erection Contractor during the
execution of the Contract without the written consent of the Owner.
52.0 All technical personnel provided for supervision by the Contractor shall be technically
competent, adequately trained and experienced in the installation and operation of the goods
supplied under the Contract. For this purpose the Contractor, before deployment, shall submit
to the Owner, the bio-data of each of the personnel, for approval by the Owner. Not
withstanding such approval, if any personnel is found not performing the services in a manner
expected of him, under the Contract, the Contractor on advice from the Owner shall replace
such personal(s) with those acceptable to the Owner.
53.0 Before start of the job, the Contractor shall furnish a detailed plan of erection activities
including guidelines, procedures of unloading, storage/transportation, erection, drawings,
sequence of erection and inputs required in a phased manner.
54.0 SCOPE OF WORK AND SERVICES
a) Erection Work
Unless otherwise specified, the Contractor shall provide the following work and
services when the Owner calls for complete erection, testing and commissioning of
any equipment:

i) All labour, skilled and unskilled including supervisory personnel for

expeditious and efficient erection of the equipment and material covered in
the specification.
ii) Receiving of material from trucks, unload, transport and store in the storage
space of the Contractor.
iii) Taking delivery of all erection materials and equipment to be erected from
store and safe transportation to the site of erection.
iv) All consumable materials, tools and tackles for the purpose of erection,
unless otherwise specified.
v) All fastening materials, nuts, bolts, screws, clamps, washers and gaskets etc
unless otherwise specified. The Owner or his representative will approve all
consumables and erection materials to be supplied by the Contractor. All the
material procured by the Contractor shall be got inspected and approved by
the Owner or his representative before the same are used for erection work.
vi) All equipment, cranes, tools, ladders, platforms, scaffolding, temporary

supports and facilities, required for erection and for handling of heavy
packages at Site.
vii) Owners equipment and tools may be made available on payment of hire
charges if and when available. The hire charges shall be those determined by
the Owner who shall however be under no obligation to supply such tools.
viii) Erection of the equipment and material complying with the specification and
design requirements and to the entire satisfaction of the Owner.
ix) Skilled and unskilled personnel as may be required to render assistance to

the Owner for carrying out tests on the equipment during start-up, testing and
Commissioning.
x) The Owner shall provide building and other civil work unless specified
otherwise. The Contractor shall carryout all final adjustments of foundation
levels such as chipping and levelling of the foundation, setting and levelling
pads and such work as may be necessary for setting the equipment in proper
position. The Contractor shall be responsible for obtaining the correct
reference lines for the purpose of fixing the alignment of various equipment
from master benchmark furnished by the Owner.
Embedding and grouting of anchor bolts shall be done by the Contractor. The
Contractor shall be responsible for checking the pockets in the foundations
for fixing of the anchor bolts and the Contractor, at no extra cost to the
Owner, shall carry out any minor alterations of these pockets.
xi) Any civil work damaged by the Contractor during the course of erection shall
have to be made good by him at his cost, to the satisfaction of the Owner.
xii) All work shall be carried out as per the requirement of codes and shall be
electrically and mechanically correct.
xiii) The Contractor shall supply and paint with anti-corrosive paint damaged and
rusty parts before erection.
xiv) All parts of an equipment delivered in disassembled condition shall be

checked for wear and damage, accumulation of dust, cleaned and assembled
for erection.

xv) Strict cleanliness shall be observed during the erection.
xvi) Accommodation of supervisory personnel and housing of all labour.
xvii) Daily transport for erection personnel as required.
xviii) Site office and covered storage as required.
xix) Watch and ward to ensure security and safety of material under his custody.
xx) Cleaning up of Site after erection.
xxi) Training of Owners personnel in Operation & Maintenance of goods at Site.
xxii) Furnish As Built drawings, site test certificates, operating instructions

manuals.
b) Civil, Structural and Architectural Works
The Contractor shall be responsible for the preparation of the design and all drawings
and obtain approval of the same from the Owner when required and/or specified in
the Contract Document.
The Contractor shall be responsible for the survey, if necessary, and true and proper
setting out of the Works and for the correctness of the positions, levels, dimensions
and alignments of all parts of the Works and shall provide all necessary survey grid-
pillars, bench-marks, instruments, appliances and labour in connection therewith. If at
any time during the progress of the Works any error shall appear or arise in the
positions, level, dimensions or alignments of any part of the Works, the Contractor, on
being required to do so by the Owner, shall at his own expense rectify such errors to
the satisfaction of the Owner. The Contractor shall carefully protect and preserve all
survey grid-pillars, benchmarks, site rails, pegs and other things used in setting out
the Works.
The Contractor shall be responsible for all civil, structural and architectural Works as
required for the installation of the Plant and its sub-systems and other facilities, if
specified in the Contract Documents.
55.0 WELDING OF PARTS AND HIGH PRESSURE PIPING
The welding of piping shall be in accordance with the following requirements:
a) Qualification of Weld Procedures
All the welding procedures adopted by the Contractor shall be qualified in accordance
with the latest applicable requirements of Section IX of ASME code before the work is
begun. The Contractor shall submit to the Owner for review, copies of certificates
qualifying welding procedures proposed to be used. Such certified welding
procedures for welding of piping submitted to the Owner shall clearly state the type of
material, material thickness, the joint details, the pre-heat temperature maintained,
the post weld heat treatment given and the welding current and the voltage used
during qualifications of welding procedures.
b) Welders Qualification
Only Welders, qualified in accordance with the latest applicable requirements, shall
be permitted to perform any welding work. In addition to such statutory qualification
requirements, the welders shall also perform a satisfactory pre-production
qualification test to be conducted by the Contractor at site in consultation with and to

the requirements of the Owner, prior to performing work under these specifications.
The services of an independent testing laboratory shall be retained by the Contractor
to perform welder qualification tests for Welders.
All the welders carrying out welding at Site shall carry an identification badge, which
shall indicate the category and the grade of welding for which they have been tested
and authorised to carry out welding. All such badges shall be countersigned by the
Owner.
c) Records
All records of the welding procedures, the welders qualification tests and the welders
performance details for the work performed under these specifications shall be
maintained by the Contractor in a manner acceptable to the Owner. The names of all
the welders who made each weld on the piping shall be maintained by the Contractor.
The certified copies of any or all the above documents shall be submitted to the
Owner on request.
d) Marking
On completion of each welded joint, the welder shall mark his regularly assigned
identification mark near the joint. The welders identification numbers, inspection
stamps or code symbol stamps and any other information shall not be directly
stamped on any alloy steel piping. In alloy steel piping, all such information shall be
stamped on separate marking plate, which shall be tack welded on pipe near the
weld.
e) Heat Treatment
i) Pre-heating, post-heating and post-weld stress relief operations of all welds

shall be performed in accordance with the requirements of applicable code.
Local post-weld stress relieving heat - treatments shall be adopted only in
cases where it is normally impracticable to subject the entire assembly as
such for stress relieving operations. Heating may be by means of electric
induction coils or electric resistance coils. Oxy-acetylene flame heating or
exothermic chemical heating methods will not be permitted. Complete
recording of the temperatures throughout the stress relieving cycle of the
material and the weld subjected to heat treatment shall be made by means of
a potentiometric recorder. Recorders other than those of potentiometric type
shall not be used for such temperature recording during stress relieving
operations.
ii) After setting-up the weld joint for heat treatment operation, the Owners
signature shall be obtained on the strips chart of the recorder prior to starting
of heat treatment cycle. The right hand comer of the strip chart at the starting
point of the heat treatment cycle shall contain details like the weld number,
material, diameter and thickness, method of heating adopted, prescribed
ranges of heat treatment temperatures, date of heat treatment, reference to
item number of the Field Welding Schedule etc.
f) Weld Edge Preparation
Preparation at Site of weld joint shall be in accordance with details acceptable to the
Owner. Wherever possible, machining or automatic flame cutting shall be used for
edge preparation. Hand flame cutting will be permitted only where edge preparation
otherwise is impractical. All slag shall be removed from cuts and all the hand cuts
shall be ground smooth to the satisfaction of the Owner. Flame cutting of alloy steel
pipe shall be avoided. Wherever such cutting is done, a 200 mm length at the cut
face shall be removed by machining.

g) Field Welding Schedule
The Contractor shall submit to the Owner, a certified and complete field-welding
schedule for all the field welding activities to be carried out in respect of the pressure
parts involved in the equipment furnished and erected by him, at least sixty (60) days
prior to the scheduled start of erection work at site. Such schedule will be strictly
followed by the Contractor during the process of erection. The above field-welding
schedule to be issued by the Contractor shall contain the following:
a) Drawing No(s)
b) Location of the weld
c) Size of the weld (outside diameter and thickness)
d) Type of joints
e) Material specifications
f) Size of fillet on backing ring, when the type of joint is with backing ring
g) Electrode/filler metal specifications
h) Number of welds per unit
i) Quantity of filler metal per weld
j) Indication of required Non-destructive Examination (NDE) for each weld
k) Pre-heat temperatures for welding
l) Process of welding
m) Post-welding heat treatment temperature ranges, duration
n) Qualification details of weld procedures to be adopted as specified in
'Qualification of Weld Procedures' in this Section.
56.0 CLEANING AND SERVICING
a) The inside of all tubes, pipes, valves and fittings shall be free from dirt and scales
before being erected. All the pipelines shall be thoroughly blown and/or flushed. Each
steam and water tubes shall be blown with compressed air and shall be subjected to
ball test before erection to ensure that no obstructions exist. A system for recording
of all such operations shall be developed and maintained in a manner to ensure that
no obstructions are left inside the tubes and no tubes are left uncleanness and
untested.
b) All valves and valve actuators, and dampers and damper actuators, if any, shall be
thoroughly cleaned and service prior to pre-commissioning tests and/or Trial
Operations of the Plant. A system for recording of such servicing operation shall be
developed and maintained in a manner acceptable to the Owner and to ensure that
no valves or dampers including their actuators are left unserviced.
57.0 SITE RUN MISCELLANEOUS PIPING
Sketches or diagrams of the proposed routings of all piping, not already indicated and routed on
the shop drawings, which were reviewed by the Owner, shall be submitted to the Owner for
review. Owner's acceptance of the such site routings shall be obtained before the piping is
erected. All these sites run piping shall be installed in such a manner as to present an orderly
and neat installation. They shall be located as to avoid obstruction of access and passages.
Valves, instruments or any other special items shall be located convenient for operation by the
operating personnel. Pipe runs shall be plumb or level except where pitch for drainage is
required. Pipe runs that are not parallel to the building structures, walls or column rows shall be
avoided so that deflection of pipe between hangers does not exceed 6 mm. No miscellaneous
pipe shall be routed and installed above or adjacent to electrical equipment.
58.0 THERMAL EXPANSIONS
All piping installation shall be such that no excessive or destructive expansion forces exist either
in the cold condition or under condition of maximum temperature. All bends, expansion joints and
any other special fittings, necessary to provide proper expansion, shall be incorporated. During

installation of expansion joints and anchors, care must be taken to make sure that full design
movement is available at all times for maximum to minimum temperature and vice-versa.
59.0 PIPING SUPPORTS
a) Hangers, supports and anchors shall be installed as required to obtain a safe, reliable
and complete pipe installation. All supports shall be properly levelled and anchored
when installed. The anchors shall be so placed that thermal expansion will be absorbed
by bends without subjecting the valves or equipment to excessive strains.
b) The hanger assemblies shall not be used for the attachment of rigging to hoist the pipe
into place. Other means shall be used to securely hold the pipe in place till the pipe
support is completely assembled and attached to the pipe and building structures and
spring support is set to accommodate the pipe way. All temporary rigging shall be
removed in such a way that the pipe support is not subjected to any sudden load. All
piping, having variable spring type supports, shall be held securely in place by temporary
means during the hydraulic test of pipe system. Constant support type spring hangers
used during hydraulic test shall be pinned or blocked solid during the test. After complete
installation and insulation of the piping and filling of the piping with its normal operating
medium, the pipe support springs shall be adjusted to the cold positions. If necessary,
the spring support shall be re-adjusted to the hot positions after the line has been placed
for service at its normal maximum operating temperature conditions. Electric arc welding
only shall be used to weld all pipe supports to structural steel members that form part of
the building supporting structure. The structural beams shall not be heated more than
necessary during welding of supports and such welds shall run parallel to the axis of the
span. All lugs or any other attachments welded to the piping shall be of the same
material as the pipe.
60.0 PRESSURE TESTING
a) On completion of erection of piping, hydraulic test shall be performed by the Contractor.
b) All the valves and inter-connected pipes shall be tested. All blank flanges or any
removable plugs required for openings not closed by the valves, and piping provided,
shall be furnished by the Contractor. The pressurization equipment including water
piping from the supply, needed for the above test shall also be furnished by the
Contractor. Any defects noticed during the testing are to be rectified and the unit re-
tested.
c) The hydraulic test shall be considered successful only on certification to that effect by
the concerned inspecting Authority.
61.0 THERMOWELLS AND FLOW NOZZLES
a) All the thermowells and flow nozzles in the equipment furnished under the technical
specifications shall be installed as a part of this work.
b) All thermowell connections incorporated in the steam service shall be plugged during the
pressure testing and the blow out of steam piping systems. Upon completion of the blow
out operation, all thermo wells shall be installed and seam welded. Similarly, all flow
nozzles in the steam lines shall also be installed only on completion of steam blowing
operations unless otherwise agreed to by the Owner, depending upon the sequence of
cleaning and purging operations to be adopted by the Contractor at the field.
62.0 ELECTRICAL SAFETY REGULATIONS
a) Before the Contractor connects any electrical appliances to any plug or socket belonging
to the other Contractor or Owner, he shall:
i) Satisfy the Owner that the appliance is in good working condition;

ii) Inform the Owner of the maximum current rating, voltage and phases of the
appliances;
iii) Obtain permission of the Owner detailing the socket to which the appliances
may be connected.
The Owner will not grant permission to connect until he is satisfied that -
i) The appliance is in good condition and is fitted with a suitable plug.
ii) The appliance is fitted with a suitable cable having two earth conductors, one of
which shall be an earthed metal sheath surrounding the cores.
b) No electric cable in use by the other Contractor/Owner will be disturbed without

permission. No weight of any description will be imposed on any such cable and ladder
or similar equipment will rest against or be attached to it.
63.0 MATERIALS HANDLING AND STORAGE
a) All the equipments furnished under the Contract and arriving at Site shall be promptly
received, unloaded and transported and stored in the storage space by the Contractor.
b) Contractor shall be responsible for examining all the shipment and notify the Owner
immediately of any damage, shortage, discrepancy etc. for the purpose of Owner
information only. The Contractor shall submit to the Owner 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 in storage and erection of the
equipment at Site. Any demurrage, wharfage and other such charges claimed by the
transporters, railways etc. shall be to the account of the Contractor.
c) The Contractor shall maintain an accurate and exhaustive record detailing out the list of
all equipment received by him for the purpose of erection and keep such record open for
the inspection of the Owner.
d) All equipment shall be handled very carefully to prevent any damage or loss. The
equipment stored shall be properly protected to prevent damage either to the equipment
or to the floor where they are stored. The equipment from the store shall be moved to
the actual location at the appropriate time so as to avoid damage of such equipment at
Site.
e) All Electrical Panels, Controlgears, 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 Owner.
g) The Contractor shall ensure that all the packing materials and protection devices used
for the various equipments during transit and storage are removed before the equipment
are installed.
h) The consumables and other supplies likely to deteriorate due to storage must be
thoroughly protected and stored in a suitable manner to prevent damage or deterioration
in quality by storage.

i) All the materials stored in the open or dusty location must be covered with suitable
weatherproof and flameproof covering material wherever applicable.
j) If the materials belonging to the Contractor are stored in areas other than those
earmarked for him, the Owner 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 require indoor storage. Normally, all the electrical equipments such
as motors, controlgears, generators, exciters, instruments and consumables like
electrodes; lubricants etc. shall be stored in the closed storage space. The Owner, in
addition, may direct the Contractor to move certain other materials, which in his opinion
will require indoor storage, to indoor storage areas, which the Contractor shall strictly
comply with.
64.0 WORK AT SITE
In the execution of the Work, no persons other than the Contractor, or his duly appointed
representative, Sub-contractor(s) and workmen employed by him and his Sub-contractor(s)
shall be allowed to do work at the Site, except by the special permission, in writing, of the
Owner or his representative. Access to the Work at all times shall be accorded to the Owner
and representatives of the Owner.
The Contractor shall at all time and at his own cost take sufficient precautions to ensure the
safety of public and guard the Site deemed necessary.
The Work at Site shall be carried out without interference with Owners activities.
65.0 EXTRA WORK
The Contractor shall when requested in writing by the Owner, perform extra work and furnish
extra material not covered by the specifications/annexures/schedules and general Conditions
stated in the Contract and shall be paid extra for all such work at the rates and terms to be
mutually agreed upon provided it is feasible or within the competence of the Contractor to
undertake such Work. Contemporaneous record of extra work done shall be maintained
properly by the Contractor.
66.0 WORK TO BE FURNISHED IF ONLY ERECTION SUPERVISORY SERVICES ARE

CALLED FOR
a) If so desired by the Owner, the Contractor shall provide the services of senior
experienced personnel for supervision of erection, testing and commissioning of the
plant and equipment covered under his scope of supply/services.
b) The work and services to be rendered under this Clause shall include but not limited
the following:
i) Complete checking of the materials at Site and reporting to the Owner in

writing of any discrepancy, loss, and damage thereof.
ii) Assisting the Owner to lodge claims if any with Insurance Company for any
loss/damages noted.
iii) Advising the Owner regarding rectification of any damage during transit.
iv) Preparation of schedule for construction, pre-commissioning check up and

tests.
v) Preparation of material requirement schedule.

vi) Advising the dealing Contractor on the procedure of erection to be followed.
vii) Ensuring that the work is being carried out as per normally accepted
engineering practice.
viii) Exercising quality control for construction materials and actual construction.
ix) Submission of erection logs and all records of erection in proper proforma in
triplicate.
x) Issuing completion certificate for readiness to start-up.
xi) Testing, commissioning and putting the equipment in successful commercial

operation.
67.0 MANUFACTURERS SUPERVISION
If the Contractor is not the manufacturer, he may be required to work under the guidance of
the manufacturers technical personnel. However, this will not relieve the Contractor of his
responsibility for the correctness of work done or quality of workmanship.
68.0 CONTRACTORS REPRESENTATIVE
a) The Contractor shall employ the necessary competent representatives at the Site,
whose name shall have previously been approved in writing by the Owner to
supervise the erection of the Plant. The required representatives shall be present at
the Site during working hours, and any written orders or instructions which the Owner
or his duly authorised representative may give to such representative of the
Contractor.
b) The Contractors representative employed for the purpose of the Work at the Site
shall be stationed at the Site when the Owner informs the Contractor in writing to that
effect.
69.0 PROTECTION AND CARE OF WORKS (Applicable for both Supply and Installation
Contract)
a) The Contractor shall in connection with the Works provide and maintain at his own
cost all temporary works, lights, guards, fencing and watching when and where
necessary or required by the Owner or by any competent statutory or other authority
for the protection of the Works.
b) From the commencement to the completion of the Works, the Contractor shall take
full responsibility for the care of the Works and of all temporary works. If any damage,
loss or injury happens to the Works or to any part thereof or to any temporary work
from any cause whatsoever the Contractor shall at his own cost repair and make
good the same so that at completion the works shall be in good order and condition
and in conformity in every respect with the requirements of the Contract Documents
and the Owners written instructions. The Contractor shall also be liable for any
damage to the Works caused by him in the course of any operations he carries out
for the purpose of complying with his obligations under the Contract Documents.
70.0 CLEAN UP WORK AT SITE
The Contractor shall without any additional payment at all times keep the working and storage
areas used by him and/or his Sub-contractor(s) free from accumulation of waste materials or
rubbish. If the Contractor does not remove these materials within forty-eight (48) hours, after
being requested by the Owner, these will be removed by others and the cost of the same will
be charged to the Contractor.

On completion of erection and construction work, 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 Owner. All surplus earth shall be removed
beyond the Plant area and dumped in a place(s) as directed by the Owner.
71.0 PROGRAMME OF WORK AND PROGRESS REPORT
a) The Contractor shall submit in such forms as prescribed by the Owner, schedule
showing the programme and order in which the Contractor proposes to carry out the
Work with dates and estimated completion time of various part of the Work. The
Owner, prior to starting the erection, shall approve such schedules. The Contractor
shall also furnish when so directed by the Owner, the organization that he will set up
for completion of the Work according to the approved erection schedule.
b) The Contractor shall also give sufficient notice, at least six weeks in advance,
intimating in writing his requirement of materials that are to be supplied by the Owner.
c) During the progress of Work, the Contractor shall submit fortnightly progress reports
on the erection work and organization as the Owner may direct.
d) If for any reason, the work is held up, the Contractor shall bring it to the attention of
the Owner in writing without any delay.
72.0 PRE-COMMISSIONIGN TRIALS, INITIAL OPERATIONS AND PERFORMANCE

GUARANTEE TESTS
The pre-commissioning trials, initial operations and Performance Guarantee Tests of the
equipment furnished and erected by the Contractor shall be the responsibility of the Contractor
as detailed in relevant Clause-s in Technical Specification.
74.0 INDEMNITY
The Contractor shall, except if and so far as the Contract provides otherwise, indemnify the
Owner against all losses and claims in respect of injuries or damage to any person, material
or plant, or damage to any property whatsoever but not limited to third party damages which
may arise out of or in consequence of the execution of the Works, and against all claims,
proceedings, damages, costs, charges and expenses whatsoever in relation thereto.
75.0 CONTRACTORS CO-OPERATION WITH THE OWNER
In case where the performance of the erection work by the Contractor affects the operation of the
system facilities of the Owner, such erection work of the Contractor shall be scheduled to be
performed only in the manner stipulated by the Owner and the same shall be acceptable at all
times to the Contractor. The Owner may impose such restrictions on the facilities provided to the
Contractor such as electricity, etc. as he may think fit in the interest of the Owner and the
Contractor shall strictly adhere to such restrictions and co-operate with the Owner. It will be the
responsibility of the Contractor to provide all necessary temporary instrumentation and other
measuring devices required during start-up and operation of the equipment systems, which are
erected by him. The Contractor shall also be responsible for flushing and filling of all the oil and
lubricants required upto Commissioning of the equipment furnished and erected by him. The
Contractor shall be responsible for supplying such flushing oil and other lubricants required upto
Commissioning.
76.0 WITHHOLDING PAYMENT FOR ERECTION, TESTING, COMMISSIONING AND CIVIL

WORKS

The Owner may withhold the whole or part of any payment for erection/testing/Commissioning
and civil works claimed by the Contractor, which in the opinion of the Owner is necessary to
protect himself from loss on account of:
i) Defective work not remedied or guarantees not met.
ii) Claims field against the Contractor.
iii) Failure by the Contractor to make payments for materials or labour employed by him.
iv) Damaged caused to another Contractor.
v) In-sufficient progress.
When the grounds for withholding payment are removed, the Owner without delay shall make
payment of the amount due to Contractor.
77.0 CO-OPERATION WITH OTHER CONTRACTORS
The Contractor shall co-operate with all other contractors of the Owner, who may be performing
other works on behalf of the Owner and the workmen who may be employed by the Owner and
doing work in the vicinity of the Works under the Contract. The Contractor shall also arrange to
perform his work as to minimise, to the maximum extent possible, interference with the work of
other Contractors and their workmen. Any injury or damage that may be sustained by the
employees of the other contractors and the Owner, due to the Contractor's work shall promptly
be made good by the Contractor at his own expense. The Owner shall determine the resolution
of any difference or conflict that may arise between the Contractor and other contractors or
between the Contractor and the workmen of the Owner in regard to their work. If the work of the
Contractor is delayed because of the any acts of omission of another contractor, the Contractor
shall have no claim against the Owner on that account other than an extension of time for
completing his Works.
The Owner shall be notified promptly by the Contractor of any defects in the other contractor's
works that could affect the Contractor's Works. The Owner shall determine the corrective
measures if any, required to rectify this situation after inspection of the works and such decisions
by the Owner shall be binding on the Contractor.
78.0 LABOUR AND LABOUR LAWS
a) Recruitment of Local
Local labourers shall be engaged for unskilled work. Preference may also be given
for appointment of local labourers in semi-skilled and skilled categories, if such
suitable labourers are available.
b) Labour Laws and Local Regulations
The Contractor shall abide by the prevailing labour laws and shall have to obtain a
labour license from the appropriate authority as per the law at his cost and shall
indemnify the Owner against any financial and other obligation in connection with
labourers employed by him. On obtaining the labour license, the Contractor at the
appropriate time, shall submit a certified photocopy of the same to the Owner.
c) The Contractor shall pay wages and observe hours and conditions of labour not less
favourable than those established for the trade or industry in the district where the
work is carried out. In the absence of any wages, hours or conditions of labour so
established, the Contractor shall pay wages and observe hours and conditions of
labour which are not less favourable than the general level of wages and hours and
conditions observed by other contractors whose general circumstances in the trade or
industry in which he is engaged are similar.

d) Contractor to furnish details of labour employed
The Contractor shall, if required by the Owner, deliver to the Owner or to his officer in
writing in such form and at such intervals as the Owner may prescribe, showing in
detail classes of labour employed and the number employed within each class by the
Contractor from time to time on the Site and such information in respect of
construction machinery as the Owner may require.
e) No female labour shall be allowed during dark hours.
f) The hours of work on the Site shall be decided by the Owner and the Contractor shall
adhere to it.
g) Contractor's employees shall wear identification badges while on work at Site.
h) In case the Owner becomes liable to pay any wages or dues to the labour or any
Government agency under any of the provisions of the Minimum Wages Act, Workmen
Compensation Act, Contact Labour Regulation Abolition Act or any other law due to act
of omission of the Contractor, the Owner may make such payments and shall recover
the same from the Contractor's Bills.
i) Other Requirements
a) The Contractor shall not, other than in accordance with the Statutes,
Ordinances and Government Regulation or Orders currently in force, import,
sell, give, barter or otherwise dispose of any alcoholic liquor, or drugs, or
permit or suffer any such importation, sale, gift, barter or disposal by his Sub-
contractor(s), agents or employees.
b) The Contractor shall not give, barter or otherwise dispose of to any person or
persons any arms or ammunition of any kind or permit the same as aforesaid.
c) The Contractor shall in all dealings with labour in his employment have a due
regard for all recognised festivals, days of rest and religious or other
customs.
d) In the event of any outbreak of illness of an epidemic nature, the Contractor

shall comply with any regulations, orders and requirements as may be made
by the Government, or the local municipal or sanitary authorities for the
purpose of dealing with and overcoming the same.
e) The Contractor shall at all times take all reasonable precautions to prevent
any unlawful, riotous or disorderly conduct by or amongst his employees.
f) The Contractor shall be responsible for observance by his Sub-contractor(s)

of the foregoing provisions.
79.0 CONVENIENCE OF PUBLIC
All operations necessary for the execution of the Works and for the Construction of any
temporary work shall, so far as compliance with the requirements of the Contract permit, be
carried on so as not to interfere unnecessarily or improperly with the public convenience of
access to use public or private roads and foot paths or to use properties whether in the
possession of the Owner or of any other person. The Contractor shall indemnify the Owner in
respect of all claims, demands, proceedings, damages, costs, charges and expenses
whatsoever in relation to any violation by the Contractor of the above.
80.0 PREVENTION OF EXTRAORDINARY TRAFFIC AND PROTECTION OF HIGHWAY

The Contractor shall use reasonable means to prevent the highways or bridges
communicating with or on the routes to the Site from being subjected to extraordinary traffic
by traffic of the Contractor or any of his Sub-contractors. In particular the Contractor shall
select routes, choose and use vehicles and restrict and distribute loads, so that any such
extraordinary traffic as will inevitably arise shall be limited as far as reasonably possible, and
so that no unnecessary damage or injury may be caused to such highways and bridges. If it is
found necessary for the Contractor to move over part of highway or bridge, one or more
loads, where the moving of such load will in all probability damage the highway or bridge, give
notice to the Owner of the weight and other particulars of the load to be moved, and his
proposals for protecting or strengthening the said highway or bridge. The Contractor shall
also carry out the protection and strengthening of the highway or bridge as required.
81.0 WORK MATERIALS AND PLANT
a) Materials and Workmanship
All construction materials, structural steel and workmanship shall be of the respective
types described in the Contract Documents, and shall be subjected from time to time
to such tests as stipulated in the approved quality assurance plan. The Contractor
shall establish on Site testing facilities as required by him. The Contractor at his cost
shall carry out collection of samples and testing as specified in the Contract
Documents including special tests, if any.
b) Examination of the Works
No work shall be covered up or put out of view without the approval of the Owner and
the Contractor shall afford full opportunity for the Owner or his authorised
representative to examine and assess any work which is about to be covered up or
put out of view, and to examine foundations before permanent work is placed
thereon. The Contractor shall give due notice to the Owner whenever any such work
or foundation is ready for examination. The Contractor shall uncover any part or parts
of the Works, make openings in or through the same as the Owner may from time to
time direct and shall reinstate and make good such part or parts at his own cost and
expense to the satisfaction of the Owner.
c) Improper Work and Material
The Owner shall during the progress of the Works have the right to order in writing
from time to time:
a) The removal from the Site within such time or times as may be specified in
the Contract Documents of any materials that in the opinion of the Owner are
not in accordance with the Contract Documents,
b) The substitution of proper and suitable materials, and
c) The removal and proper re-execution (notwithstanding any previous test

thereof or interim payment thereof) of any work which in respect of materials
or workmanship is not, in the opinion of the Owner, in accordance with the
Contract Documents.
In case of default on the part of the Contractor in carrying out orders, the Owner shall
be entitled to employ and pay other persons to carry out the same and all expenses
consequent thereon or incidental thereto shall be borne by the Contractor and shall
be recoverable from him by the Owner or may be deducted by the Owner from any
money due or which may become due to the Contractor.
d) Temporary Arrangement

The Contractor shall bear all expenses and charges for special or temporary way-
leaves required by him in connection with access to the Site.
82.0 POSSESSION PRIOR TO COMPLETION
The Owner shall have the right to take possession of or use any completed or partially
completed part of the Work. Such possession or use shall not be deemed to be an
acceptance of any work in terms of the Contract.
83.0 LIENS
Final payment to the Contractor shall not be made until the Contractor shall deliver to the Owner
a complete release of all liens arising out of this Contract or receipt in full in line there of and in
either case, an affidavit will have to be furnished by the Contractor that so far as he has
knowledge or information, the release and receipts include all the labour and material for which a
lien could be held. If any lien remains unsatisfied after all payments are made, the Contractor
shall refund to the Owner all money that the latter may be compelled to pay in discharging such a
lien, including all costs and a reasonable attorneys fee.
84.0 MEDICAL SUPERVISION & CARE
84.1 The Contractor shall produce certificate of physical fitness of all his employees and he shall
employ only such persons as are found to be free of contagious diseases. Whenever in the
Opinion of the Owner, it is necessary for protection of the other employees or their families, the
Contractor shall remove any of his employees found to be suffering from contagious disease,
either to a hospital or permanently from the camp. Any contagious disease, when discovered
shall be at once reported to the Owner.
84.2 The Contractor shall be fully responsible for any first aid and emergency medical treatment to his
employees. The Contractor shall make necessary arrangement for this purpose.
85.0 FIRE PROTECTION
85.1 The work procedures that are to be used during the erection shall be those, which minimize fire
hazards to the extent practicable. Combustible materials, combustible waste and rubbish shall be
collected and removed from the Site at least once each day. Fuels, oils and volatile or flammable
materials shall be stored away from the construction and equipment and materials storage areas
in safe containers. 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 or storage area.
85.2 Similarly 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 waterproof 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 combustion
resulting from welding sparks, cutting flames and other similar fire sources.
85.3 The entire 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 the Site during the entire period of the Contract.
85.4 The Contractor shall provide enough fire protection equipment of the types and number for the
warehouses, offices, temporary structures, labour colony area etc. Access to such fire protection
equipment, shall be easy and kept open at all time.
86.0 CONSTRUCTION MANAGEMENT
86.1 The field activities of the Contractors working at Site will be coordinated by the Owner and the
Owners decision shall be final in resolving any disputes or conflicts between the Contractor and

other contractors regarding scheduling and co-ordination of Work. Such decision by the Owner
shall not be a cause for extra compensation or extension of time of the Contractor.
86.2 The Owner shall hold weekly meetings of all the contractors working at Site, at a time and place
to be designated by the Owner. The Contractor shall attend such meetings and take notes of
discussions during the meeting and the decisions of the Owner and shall strictly adhere to those
decisions in performing his Works. In addition to the above weekly meeting, the Owner may call
for other meeting either with individual contractors or with selected number of contractors and in
such a case the Contractor if called, will also attend such meetings.
86.3 Time is the essence of the Contract and the Contractor shall be responsible for performance of
his Works in accordance with the specified construction schedule. If at any time, the Contractor is
falling behind the schedule, he shall take necessary action to make good for such delays by
increasing his work force or by working overtime or otherwise accelerate the progress of the work
to comply with the schedule and shall communicate such actions in writing to the Owner,
satisfying that his action will compensate for the delay. The Contractor shall not be allowed any
extra compensation for such action.
86.4 The Owner shall however not be responsible for provision of additional labour and/or materials or
supply or any other services to the Contractor except for the co-ordination work between various
contractors as set out earlier.
87.0 PROTECTION OF PROPERTY AND CONTRACTORS LIABILITY
87.1 The Contractor shall be responsible for any damage resulting from his operations. He shall also
be responsible for protection of all persons including members of public and employees of the
Owner and the employees of other contractors and Sub-contractors and all public and private
property including structures, building, other plants and equipments and utilities either above or
below the ground.
87.2 The Contractor will ensure provision of necessary safety equipment such as barriers, sign-
boards, warning lights and alarms, etc. to provide adequate protection to persons and property.
The Contractor shall be responsible to give reasonable notice to the Owner and the Owners of
public or private property and utilities when such property and utilities are likely to get damaged
or inhered during the performance of his Works and shall make all necessary arrangements with
such owners, related to removal and/or replacement or protection of such property and utilities.
88.0 PAINTING
The Contractor shall adhere to painting requirement as detailed out in technical specifications.
89.0 PROTECTION OF REFERENCE POINTS
The Contractor shall ensure that the bench marks, reference points, etc. which are marked either
with the help of Owner or by the Owner shall not be disturbed in any way during the performance
of his Works. If, any work is to be performed which disturb such reference, the same shall be
done only after these are transferred to other suitable locations under the direction of the Owner.
The Contractor shall provide all necessary materials and assistance for such relocation of
reference points etc.
90.0 WORK & SAFETY REGULATIONS
90.1 The Contractor shall ensure proper safety of all the workmen, materials, plant and equipments
belonging to him or to the Owner or to others, working at the Site. The Contractor shall also be
responsible for provision of all safety notices and safety equipment required both by the relevant
legislation and the Owner, as he may deem necessary.
90.2 The Contractor will notify well in advance to the Owner of his intention to bring to the Site any
container filled with liquid or gaseous fuel or explosive or petroleum substance or such
chemicals, which may involve hazards. The Owner shall have the right to prescribe the

conditions, under which such container is to be stored, handled and used during the performance
of the works and the Contractor shall strictly adhere to and comply with such instructions. The
Owner shall have the right at his sole discretion to inspect any such container or such
construction plant/equipment for which material in the container is required to be used and if in
his opinion, its use is not safe, he may forbid its use. No claim due to such prohibition shall be
entertained by the Owner and the Owner shall not entertain any claim of the Contractor towards
additional safety provisions/conditions to be provided for constructed as per the Owners
instructions.
Further, any such decision of the Owner shall not, in any way, absolve the Contractor of his
responsibilities and in case, use of such a container or entry thereof into the Site area is
forbidden by the Owner, the Contractor shall use alternative methods with the approval of the
Owner without any cost implication to the owner or extension of work schedule.
90.3 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, Explosives Act,
1948, and Petroleum and Carbide of Calcium Manual published by the Chief Inspector of
Explosive of India. All such storage shall have prior approval of the Owner. In case, any
approvals are necessary from the Chief Inspector (Explosives) or any statutory authorities, the
Contractor shall be responsible for obtaining the same.
90.4 All equipment used in construction and erection by Contractor shall meet Indian/International
Standards and where such standards do not exist, the Contractor shall ensure these to be
absolutely safe. All equipments shall be strictly operated and maintained by the Contractor in
accordance with manufacturers operation manual and safety instructions.
90.5 Periodical Examinations and all tests for all lifting/hoisting equipment & tackles shall be carried-
out in accordance with the relevant provisions of Factories Act 1948, Indian Electricity Act, 1910,
and associated Laws/Rules in force from time to time. A register of such examinations and tests
shall be properly maintained by the Contractor and will be promptly produced as and when
desired by Owner or by the person authorised by him.
90.6 The Contractor shall be fully responsible for the safe storage of his and his Sub-contractors
radioactive sources in accordance with BARC/DAE Rules and other applicable provisions. All
precautionary measures stipulated by BARC/DAE in connection with use, storage and handling
of such material will be taken by Contractor.
90.7 The Contractor shall provide suitable safety equipment of prescribed standard to all employees
and workmen according to the need, as may be directed by Owner who will also have right to
examine these safety equipments to determine their suitability, reliability, acceptability and
adaptability.
90.8 Where explosives are to be used, the same shall be used under the direct control and
supervision of an expert, experienced, qualified and competent person strictly in accordance with
the Code of Practices/Rules framed under Indian Explosives Act pertaining to handling, storage
and use of explosives.
90.9 The Contractor shall provide safe working conditions to all workmen and employees at the Site
including safe means of access, railings, stairs, ladders, scaffoldings etc. The scaffoldings shall
be erected under the control and supervision of an experienced and competent person. For
erection, standard quality of material only shall be used by the Contractor.
90.10 The Contractor shall not interfere or disturb electric fuses, wiring and other electrical equipment
belonging to the Owner or other Contractors under any circumstances, whatsoever, unless
expressly permitted in writing by the Owner to handle such fuses, wiring or electrical equipment.
90.11 No repair work shall be carried out on any live equipment. The equipment must be declared safe
by the Owner and a permit to work shall be issued by the Owner before any repair work is carried
out by the Contractor. While working on electric lines/equipments whether live or dead, suitable

type and sufficient quantity of tools will have to be provided by Contractor to

electricians/workmen/officers.
90.12 The Contractors shall employ necessary number of qualified, full time Electricians/Electrical
Supervisors to maintain his temporary electrical installations.
90.13 The Contractor employing more than 100 workmen whether temporary, casual, probationer,
regular or permanent or on contract, shall employ at least one full time officer exclusive as Safety
Officer to supervise safety aspects of the equipments and workmen, who will co-ordinate with the
Owner Safety Officer. In case of work being carried out through Sub-contractors, the Sub-
contractors workmen/employees will also be considered as the Contractors
employees/workmen for the above purpose.
The name and address of such Safety Officer of Contractor will be promptly informed in writing to
Owner with a copy to Safety Officer-In charge before he starts work.
90.14 In case any accident occurs during the construction/erection or other associated activities
undertaken by the Contractor thereby causing any minor or major or fatal injury to his employees
due to any reason, whatsoever, it shall be the responsibility of the Contractor to promptly inform
the same to the Owner in prescribed form and also to all the authorities envisaged under the
applicable laws.
90.15 The Owner shall have the right at his sole discretion to stop the work, if in his opinion the work is
being carried out in such a way that it may cause accidents and endanger the safety of the
persons and/or property, and/or equipments. In such cases, the Contractor shall be informed in
writing about the nature of hazards and possible injury/accident and he shall comply to remove
shortcomings promptly. The Contractor after stopping the specific work can, if felt necessary
appeal against the order of stoppage of work to the Owner within three (3) days of such
stoppage of work and decision of the Owner in this respect shall be conclusive and binding on
the Contractor.
90.16 The Contractor shall not be entitled for any damages/compensation for stoppage of work due to
safety reasons and the period of such stoppage of work will not be taken as an extension of time
for completion of work and will not be the ground for waiver of levy of Liquidated Damages.
90.17 The Contractor shall follow and comply with all Safety Rules, relevant provisions of applicable
laws pertaining to the safety of workmen, employees plant and equipment as may be prescribed
from time to time without any demur, protest or contest or reservation. In case of any
unconformity between statutory requirement and Safety Rules referred above, the later shall be
binding on the Contractor unless the statutory provisions are more stringent.
91.0 FOREIGN PERSONNEL
91.1 The Contractor shall submit to the Owner 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 the work to be performed by him.
91.2 Any person unsuitable and unacceptable to the Owner shall not be brought to India. Any person
brought to India, if found unsuitable or unacceptable by the Owner, the Contractor shall within a
reasonable time make alternate arrangements for providing a suitable replacement and
repatriation of such unsuitable personnel at its own cost.
91.3 The cost of passports, visas and all other travel expenses to and from India, incurred by the
Contractor shall be to his account. The Owner will not provide any residential accommodation
and/or furniture for any of the Contractors personnel including foreign personnel and Contractor
shall make his own arrangements for such facilities in the area allotted at Site, to him by the
Owner for that purpose.

91.4 The Contractor and his expatriate personnel shall respect all Indian 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 which the Government of India and the Owner may
establish from time to time, on them. The Contractors expatriate personnel shall work and live in
close co-operation and co-ordination with their co-workers and the community and shall not
engage themselves in any other employment neither part-time or full-time nor shall they take part
in any local politics.
91.5 The Owner 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.
92.0 SECURITY
The Contractor shall have total responsibility for all equipment and materials in his custody
stores, loose, semi-assembled and/or erected by him at Site. The Contractor shall make suitable
security arrangements including employment of security personnel to ensure the protection of all
materials, equipment and works from theft, fire, pilferage and any other damages and loss. All
materials of the Contractor shall enter and leave the Owners Site only with the written
permission of the Owner in the prescribed manner.
93.0 COMMISSIONING SPARES
93.1 It will be the responsibility of the Contractor to provide all commissioning spares including
consumable spares like indicating lights/lamps, diodes, fuses recorder charts, ink pads/pens etc.
required upto Commissioning. All commissioning spares shall be deemed to be included in the
scope of the Contract at no extra cost to the Owner.
93.2 These spares will be received and stored by the Contractor at least one (1) month prior to the
schedule date of commencement of trial operation of the respective equipment and utilised as
and when required. The unutilised spares and replaced parts, if any, shall be the property of
the Contractor and he will be allowed to take these parts back at his own cost with the
permission of Owner.

SECTION - I
PART - C
SPECIAL CONDITIONS OF CONTRACT (SCC)

PART - C
CONTENTS
1.0 LIQUIDATED DAMAGES (LD) 1
2.0 TERMS OF PAYMENTS 2
A For CIF Supply Contract 2
B For Ex-works Supply Contract 3
C For Erection & Commissioning/Services Contracts 5

SECTION - I
PART - C
The following Special Conditions of Contract shall supplement the General Conditions of Contract.
Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions
of Contract.
1.0 LIQUIDATED DAMAGES (LD)
1.1 Goods will be deemed to have been delivered only when all the components and part are also
delivered including spare parts and tools and tackles. If certain components are not delivered
in time, the Goods will be considered as delayed until such time the missing parts are also
delivered.
1.2 In the event of delayed delivery/Commissioning of the Goods under the scope of the Contract
(excluding Mandatory & Recommended Spares) due to the reason attributable to the
Contractor, the Contractor shall be liable to pay LD @ 1% of the Contract Price (excluding
Mandatory & Recommended Spares) for each completed week of delay or part thereof
subject to a maximum of 10% of the Contract Price (excluding Mandatory & Recommended
Spares).
1.3 In the event of delay in supply of Mandatory & Recommended Spares under the scope of the
Contract due to the reason attributable to the Contractor, the Contractor shall be liable to pay
LD @ 1% of the Contract Price of Mandatory & Recommended Spares for each completed
week of delay or part thereof subject to a maximum of 10% of the Contract Price of
Mandatory & Recommended Spares.
1.4 LD for shortfall in Performance Guarantees shall be as indicated in Annexure- K, Liquidated

Damages for Shortfall in Performance of this Section- I, Conditions of Contract.
1.5 In the event of delay in conducting PG Test due to the reason attributable to the Contractor,
the Contractor shall be liable to pay LD @ 0.5% of the Contract Price (excluding Mandatory &
Recommended Spares) for each completed week of delay or part thereof subject to a
maximum of 10% of the Contract Price (excluding Mandatory & Recommended Spares).
1.6 The Contractor shall be liable to pay Liquidated Damages maximum to 10% of Contract Price
for short fall in performance of Plant as indicated in Section- II, Technical Specification.
1.7 Contractor shall undertake to pay the damages at the rates stipulated above without requiring
the Owner to prove actual loss or damage.
1.8 These damages payable by the Contractor shall be deducted by the Owner from any
outstanding payments due to the Contractor.
1.9 The impose of Liquidated Damages for delay and damages for short fall in performance shall
apply separately.
1.10 The combined maximum ceiling of LD on account of delayed delivery/Commissioning, delay

in conducting PG tests and on account of shortfall in performance shall be limited to 15% of
the Contract Price.
1.11 Contractor shall undertake to pay the LD at the rates stipulated above without requiring the
Owner to prove actual loss or damage.
Part- C 2x660MW (Phase-I) Super Thermal Power Project Page 1 of 7

1.12 LD payable by the Contractor shall be deducted by the Owner from any outstanding
payments due to the Contractor.
2.0 TERMS OF PAYMENT
A For CIF Supply Contract
2.1 For main Goods
2.1.1 10% of the Contract Price of Goods shall be paid as an initial advance directly by the Owner
to the Contractor within thirty (30) days from the date of receipt of following documents from
the Contractor:
i) Invoice of 10% of the Contract Price of Goods.

ii) Advance Bank Guarantee (ABG) of 10% of the Contract Price of Goods. The format
of ABG is attached herewith as Annexure- E. ABG shall remain valid till successful
Commissioning of Goods.
iii) Contract Performance Bank Guarantee (CPBG) of 10% of the Contract Price of
Goods. The format of CPBG is attached herewith as Annexure- G. CPBG shall
remain valid till successful Commissioning of Goods.
2.1.2 60% of the Contract Price of Goods shall be paid prorata as per mutually agreed Billing
Schedule by irrevocable & nonrecourse Letter of Credit (LC) against shipping of equipment.
This payment will be made on submission of following documents:
i) Full set of bills of Lading : 3 set Original

ii) Commercial Invoice : 1 set of Original + 3 set of Copies of
Invoice
iii) Certificate of Country of Origin : 3 Copies
iv) Test Certificates : 3 Copies
v) Packing List : 3 Copies
vi) Material Despatch Clearance
Certificate (MDCC) issued by the
Owner Prior to effective despatch : 2 Copies
vii) Marine Insurance Policy : 1 Original
2.1.3 20% of the Contract Value of supply of Goods shall be paid on completion of erection of
equipment by irrevocable & nonrecourse Letter of Credit (LC). This payment will be made on
submission of following documents:
i) Commercial Invoice : 1 set of Original + 3 set of Copies of

Invoice
ii) Certificate from APL Site Engineer certifying completion of erection of equipment.
2.1.4 10 % of the Contract Price of Goods shall be paid on successful Commissioning of Goods
upon submission of the following documents under the irrevocable from the Contractor:
i) Invoice
ii) Performance Bank Guarantee (PBG) of equivalent amount, which shall remain valid
upto the Defects Liability Period of Goods. The format of PBG is attached herewith as
Annexure- F.
iii) Commissioning Certificate duly signed by the Owner upon submission of following
documents by irrevocable & nonrecourse Letter of Credit (LC) established by the
Owner:
a) Invoice

b) Performance Bank Guarantee (PBG) of equivalent amount, which shall

remain valid up to the Defects Liability Period of Goods. The format of PBG is
attached herewith as Annexure- F.
c) Owners letter indicating that commissioning has been delayed not due to the
Contractor.
2.2. For Mandatory and Recommended Spares
2.2.1 10% of the Contract Price of Mandatory and Recommended Spares shall be paid as an initial
advance directly by the Owner to the Contractor within thirty (30) days from the date of receipt
of following documents from the Contractor:

ii) Advance Bank Guarantee (ABG) of 10% of the Contract Price of Mandatory and
Recommended Spares. The format of ABG is attached herewith as Annexure- E.
ABG shall remain valid till the completion of deliveries of Mandatory and
Recommended Spares.
Mandatory and Recommended Spares. The format of CPBG is attached herewith as
Annexure- G. CPBG shall remain valid till the completion of deliveries of Mandatory
and Recommended Spares.
2.2.2 80% of the Contract Price of Mandatory and Recommended Spares shall be paid pro-rata as
per mutually agreed Billing Schedule by irrevocable & nonrecourse Letter of Credit (LC)
against shipping of equipment. This payment will be made on submission of following
documents:
i) Full set of bills of Lading : 3 set Original

ii) Commercial Invoice : 1 set of Original + 3 set of Copies of
Invoice
iii) Certificate of Country of Origin : 3 Copies
iv) Test Certificates : 3 Copies
v) Packing List : 3 Copies
vi) Material Despatch Clearance
Certificate (MDCC) issued by the
Owner Prior to effective despatch : 2 Copies
vii) Marine Insurance Policy : 1 Original
2.2.3 Remaining 10 % of the Contract Price of Mandatory and Recommended Spares shall be paid
by irrevocable & nonrecourse Letter of Credit (LC) upon submission of following documents
(i) Invoice
(ii) Performance Bank Guarantee (PBG) of equivalent amount, which shall remain valid
up to the Defects Liability Period of Goods. The format of PBG is attached herewith
as Annexure- F.
(iii) Material Receipt Certificate duly signed by the Owner.
2.3 All bank charges outside India in abroad in respect of LC including confirmation charges shall
be borne by the Contractor and all bank charges in India shall be borne by the Owner.
B For Ex-works Supply Contract
2.4 For Main Goods
2.4.1 10% of the Contract Price of Goods shall be paid as an initial advance within thirty (30) days
from the date of receipt of following documents from the Contractor:


ii) Advance Bank Guarantee (ABG) of 10% of the Contract Price of Goods. The format
of ABG is attached herewith as Annexure- E. ABG shall remain valid till successful
Goods. The format of CPBG is attached herewith as Annexure- G. CPBG shall
remain valid till successful Commissioning of Goods.
2.4.2 60% of the Contract Price of Goods along with 100% taxes and duties shall be paid pro-rata
as per mutually agreed Billing Schedule within thirty (30) days after receipt of material and
following documents at Site:
i) Invoices : 1 set of Original + 3 set of Copies

ii) LR/GR/RR : 3 Copies
iii) Packing List : 3 Copies
iv) Test Certificates, wherever applicable : 3 Copies
v) Documents required for claiming
CENVAT
vi) Material despatch Clearance Certificate
(MDCC) issued by Owner prior to
effective despatch : 2 Copies
2.4.3 20% of the Contract Value of supply of Goods shall be paid on progressive completion of
erection of equipment within thirty (30) days on submission of clear invoice alongwith
Certificate from APL Site Engineer certifying completion of erection of equipment.
2.4.4 10% of the Contract Price of Goods shall be paid on successful Commissioning of Goods
after receipt of Performance Bank Guarantee (PBG) of equivalent amount from the
Contractor, which shall remain valid up to the Defects Liability Period of Goods. This payment
shall be released within thirty (30) days after receipt of Invoice and PBG from the Contractor.
The format of PBG is attached herewith as Annexure- F.
In case the Commissioning of the Goods gets delayed due to the reasons not attributable to
the Contractor, in such case, this 10% payment shall be released as per scheduled date of
Commissioning of Goods within thirty (30) days after receipt of invoice and PBG of equivalent
amount.
2.5 For Mandatory & Recommended spares
2.5.1 10% of the Contract Price of Mandatory and Recommended Spares shall be paid as an initial
advance within thirty (30) days from the date of receipt of following documents from the
Contractor:

ii) Advance Bank Guarantee (ABG) of 10% of the Contract Price of Mandatory and
Recommended Spares. The format of ABG is attached herewith as Annexure- E.
ABG shall remain valid till the completion of deliveries of Mandatory and
Recommended Spares.
Mandatory and Recommended Spares. The format of CPBG is attached herewith as
Annexure- G. CPBG shall remain valid till the completion of deliveries of Mandatory
and Recommended Spares.

2.5.2 90% of the Contract Price of Mandatory and Recommended Spares along with 100% taxes
and duties shall be paid pro-rata as per mutually agreed Billing Schedule within thirty (30)
days after receipt of material and following documents at Site:
i) Invoices : 1 set of Original + 3 set of Copies

ii) LR/GR/RR : 3 Copies
iii) Packing List : 3 Copies
iv) Test Certificates, wherever applicable : 3 Copies
v) Documents required for claiming
CENVAT
vi) Material despatch Clearance Certificate
(MDCC) issued by Owner prior to
effective despatch : 2 Copies
vii) Performance Bank Guarantee (PBG) of 10 % of the Contract Price, which shall
remain valid upto the Defect Liability Period of Goods. The format of PBG is attached
herewith as Annexure- F.
C. For Erection & Commissioning/Services Contracts
2.6.1 10% of the Contract Price shall be paid on establishment of site office as an initial advance
within thirty (30) days of receipt of following documents from the Contractor:
i) Invoice of 10% of the Contract Price.

ii) Advance Bank Guarantee (ABG) of 10% of the Contract Price. The format of ABG is
attached herewith as Annexure- E. ABG shall remain valid till successful
iii) Contract Performance Bank Guarantee (CPBG) of 10% of the Contract Price. The
format of CPBG is attached herewith as Annexure- G. CPBG shall remain valid till
successful Commissioning of Goods.
2.6.2 80% of the Contract Price shall be released against progressive erection on prorata basis
along with 100% taxes & duties as per mutually agreed Billing Schedule. This payment shall
be released within thirty (30) days after receipt of clear invoice from the Contractor.
2.6.3 10% of the Contract Price shall be paid on successful Commissioning of Goods after receipt
of invoice and Performance Bank Guarantee (PBG) of equivalent amount from the Contractor,
which shall remain valid upto the Defects Liability Period of Goods. This payment shall be
released within thirty (30) days after receipt of Invoice and PBG from the Contractor. The
format of PBG is attached herewith as Annexure- F.
In case the Commissioning of the Goods gets delayed due to the reasons not attributable to
the Contractor, in such case, this 10% payment shall be released as per scheduled date of
Commissioning of Goods within thirty (30) days after receipt of invoice and PBG of equivalent
amount.
2.7 All the payments in case of Ex-works supply Contract and services/Erection & Commissioning
Contract indicated in Clause- B & C above shall be made by the Owner directly to the
Contractor.
2.8 Rejection Clause: In case the equipment and all accessories fails to meet the guaranteed
technical particulars or does not achieve guaranteed parameters, the Owner shall allow three
(3) months time to rectify the deficiency. Even after rectification, does not meet guaranteed
technical particulars then Owner at its discretion reject the equipment and all accessories,
and the Owner will recover the cost including taxes and duties.
3.0 CONTRACT PERIOD AND TIME FOR COMPLETION

3.1 Works/Facilities for 2x 660MW (Phase-I) Super Thermal Power Project at Village: Siriya, Dist:
Banka, Bihar under the Scope of the Contract shall be completed within agreed contract
period from the Effective Date, which includes Initial Mobilization Time Period.
3.2 The Completion Period is guaranteed against delays and the same is subject to Liquidated
Damages and Force Majeure clauses. The Date specified in the Completion Certificate shall
be considered as the Date of Completion of Works/Facilities.
3.3 The Completion of Works/Facilities as per Schedule is the essence of the Contract and if the
Works/Facilities are not completed within the stipulated Completion Period, Owner will be at
liberty to get the Work done by any other Person at Contractors risk and cost and if thereby
any extra expenditure is involved, the same will be debited to Contractors account.
3.4 Any letter or minutes of the meetings with reference to expediting the Works shall not be
construed as revision in Completion Period.
4.0 ARBITRATION RELEVANT DETAILS
Employer could draft this part of the document for each procurement. Several provisions and
related information shall be either completed/modified in accordance with the information
provided by the bidder whose bid has been by the Employer or agreed between the Bidder
and the Employer.
Following details may be documented:

a) Name and contact details of the Adjudicator
b) Name of the Contractor with contact details
c) Details related to Contractors representative
d) Employer related details [with address and contact details]
e) Project Manager related details with address and contact details
f) Time for Completion (Arbitration related proceedings)
Time for Completion of all Facilities: .. of Days/Weeks/Months [Should be
written in words/figures]
[Each part of the facilities subject to a Specific Time for Completion may be listed in
number of days/weeks/months in words and figures
g) Ruling Language :
h) Language for communication
i) Addresses of the Employer/Contractor for notices purpose
j) Contract shall be interpreted in accordance with the laws of India
k) Arbitrators hourly fee
l) Appointing authority for the Arbitrator
m) For contracts entered into with foreign Contractors, International commercial
arbitration may have practical advantages over other dispute settlement methods.
Among the rules to govern the arbitration proceedings, the Employer may wish to
consider the United Nations Commission on International Trade Law (UNCITRAL)
Arbitration Rules of 1976, the Rules of Conciliation and Arbitration of the International
Chamber of Commerce (ICC), the Rules of the London Court of International
Arbitration or the Rules of Arbitration Institute of the Stockholm Chamber of
Commerce
[Depending on the governing body, a relevant clause may be inserted]
5.0 BONUS FOR EARLY COMPLETION
Where bonus is applicable, an appropriate amount or rate as a percentage of the Contract

Price, or part thereof, in words and figures, may be inserted as per week of early Completion,
in accordance with the Time for Completion specified. The amount of the bonus and the

minimum should be related to the benefit the Employer will gain in operating the Facilities, or
part thereof, earlier than anticipated.
6.0 MATERIALS
The Contractor shall arrange, within the Contract unit rates, all required materials except
those specified to be issued free by the Owner. Accordingly, the Contract Unit rates shall not
include the cost of such materials issued free by the Owner but shall include the cost towards
carriage, loading, unloading, weighment, storage, testing, joining, mixing, placing, cutting,
binding, assembly, welding etc. and any other activity, as required, towards incorporation in
the Works/Facilities or return to the stores of the Owner. MS/PVC coated binding wire shall be
in the scope of the Contractor. Any touch-up required for damage to fusion bonded steel
during cutting, bending etc. shall be done by the Contractor.

ANNEXURES
CONTENTS
ANNEXURE A : PROFORMA OF LETTER OF UNDERTAKING
ANNEXURE B : LEFT BLANK INTENTIONALLY
ANNEXURE - B1 : LEFT BLANK INTENTIONALLY
ANNEXURE C : FORM OF JOINT VENTURE AGREEMENT
ANNEXURE D : DRAWINGS AND DOCUMENTS DISTRIBUTION SCHEDULE
ANNEXURE E : PERFORMA FOR BANK GUARANTEE FOR ADVANCE

PAYMENT
ANNEXURE F : PERFORMA FOR BANK GUARANTEE FOR PLANT
PERFORMANCE
ANNEXURE G : PERFORMA FOR BANK GUARANTEE FOR CONTRACT
PERFORMANCE
ANNEXURE H : LEFT BLANK INTENTIONALLY
ANNEXURE I : SCHEDULE OF INSURANCE SPECIFICATION
ANNEXURE J : FORM OF DEED OF JOINT UNDERTAKING
ANNEXURE - J1 : DEED OF JOINT UNDERTAKING BETWEEN BIDDER and

QUALIFYING BTG
ANNEXURE - K : LIQUIDATED DAMAGES FOR SHORTFALL IN PERFORMANCE
ANNEXURE- A
PROFORMA OF LETTER OF UNDERTAKING
IFB No._______________
Ref. No.. Date
Abhijeet Projects Limited,

Main Road,
Ranchi 834001.
Jharkhand
(India)
Dear Sirs,
I/We* have read and examined the following bid documents relating to the (full scope of
work).
i) Invitation For Bids, Instructions to Bidders, General Conditions of Contract for Supply,
Supervision/Erection/Testing/ Commissioning, Civil/Structural/Architectural Works and Special
Conditions of Contract.
ii) Technical Specification No.
I/We* hereby submit our Bid and undertake to keep our Bid valid for a period of six (6) months from
the last date of submission of bids i.e. up to. I/We* hereby further undertake that during the
said period I/We* shall not vary/alter or revoke my/our Bid.
Should this Bid be accepted, I/We* also agreed to abide by and fulfil all the terms and conditions
provided in the above mentioned Bid Documents.
.. WITNESS
(Signature along with Seal of Co.)
Signature
Name Date.
(Duly authorised to sign the Bid on
behalf of the Contractor) Name & Address
..
Designation
Tel. No.
Name of Co
(* Strike out whichever is not applicable)
ANNEXURES 2x660MW (Phase-I) Super Thermal Power Project Page 1 of 33

ANNEXURE- B
LEFT BLANK INTENTIONALLY

ANNEXURE- B1

ANNEXURE- C
(On Non-Judicial Stamp Paper of Appropriate Value)
FORM OF JOINT VENTURE AGREEMENT BETWEEN
M/s. . AND M/s. ...
BID DOCUMENT No. Date
THIS Joint Venture Agreement executed on this .. day of

two thousand and between M/s.
,a company incorporated under the
laws of ... and having its Registered Office at
(hereinafter called the Partner- 1, which
expression shall include its successors, executors and permitted assigns) and M/s.
, a Company incorporated under the laws of
and having its Registered Office at
(hereinafter called the Partner- 2, which expression shall include its
successors, executors and permitted assigns) for the purpose of making a bid and entering into the
Contract (in case of award) against Bid Document no. for ..
2x660MW (Phase-I) Super Thermal Power Project of M/s. Abhijeet Projects Limited, a company
incorporated under the Companys Act, 1956 and having its Registered Office at 8th & 9th Floor,
Mahabir Tower, Main Road, Ranchi - 834001, Jharkhand (hereinafter called the Owner).
WHERAS the Owner invited bids forPackage vide its Bid Document no.
.. for Package for 2x660MW (Phase- I) Super Thermal Power Project
(hereinafter called the Plant).
AND WHEREAS Item no. 13.2 d (vii) of Instruction to Bidders (ITB) stipulates that in case of joint
venture between two or more firm, the Bidder shall provide along with the bid, a Joint Venture
Agreement as per this format in which the Partners in the Joint Ventures are jointly and severally
liable to the Owner to perform all the contractual obligations.
AND WHEREAS the bid has been submitted to the Owner vide proposal no. ..
dated based on the Joint Venture Agreement being these presents and the bid
have been signed jointly by both the Partners and submitted to the Owner.
NOW THIS INDENTURE WITNESSETH AS UNDER:
In Consideration of the above premises and agreements, both the Partners to this joint venture do
hereby now agree as follows:
1. The responsibilities and obligations of each of the Partners of the Joint Venture shall be
delineated in this Agreement. It is further agreed by the Partners that the above sharing of
responsibilities and obligation shall not in any way be a limitation of joint and several
responsibilities of the Partners under the Contract or under this Agreement.
2. In consideration of the award of the Contract by the Owner to the Joint Venture, we, the
Partners to the Joint Venture Agreement do hereby agree that Partner- 1 (M/s.
.) shall act as the Lead Partner for and on behalf of the Joint Venture and
further declare and confirm that we, Partner- 1 and Partner- 2 shall jointly and severally be
bound unto the Owner for the execution of the Contract in accordance with the Contract
terms and shall be jointly and severally liable to the Owner to perform all the contractual
obligations including the technical guarantees. Further, the Lead Partner is authorized to incur
liabilities and receive instructions for and on behalf of any and all Partners of the Joint
Venture and the entire execution of the Contract, including receiving of all payments from the
Owner and we acknowledge and accept that any payment made to the Partner- 1 shall be
deemed to have been made to the Joint Venture.

3. In case of any breach of the said Contract by any of the Partners of the Joint Venture
Agreement, the other Partner(s), hereby agree to the fully responsible for the successful
performance of the Contract in accordance with the terms of the Contract.
4. Further, if the Owner suffered any loss or damage on account of any breach of the Contract
or any shortfall in the performance of the completed Goods in meeting the Performance
Guarantee parameters as per Specifications of the Contract and Partner- 1 failure to make
good such loss, Partner- 2 of these presents undertakes to promptly make good such loss or
damage caused to the Owner, on its demand without any demure. It shall not be necessary
or obligatory for the Owner to proceed against the Partner- 1 to these presents before
proceeding against the Partner- 2.
5. The financial liability of the Partners of this Joint Venture Agreement to the Owner with
respect to any and all claims arising out of the performance or non-performance of the
Contract shall, however, be not limited in any way so as to restrict or limit the liabilities of
either of the Partners.
6. We further agree that in any arbitration between Owner and Joint Venture relating to the
Contract, the Joint Venture shall always be represented by the Lead Partner only and the
arbitration proceedings shall not be influenced or concerned with any disputes which we, the
Partners of the Joint Ventures may have with each other. Any award or orders passed against
the Joint Venture in any arbitration proceedings under the Contract shall be binding, jointly
and severally, on both of us.
7. In case of an award of Contract, we, the Partners to the Joint Venture Agreement, do hereby
agree that we shall furnish the various Bank Guarantees from a Bank in favour of Owner for
a value as stipulate under the Contract and this shall be in the name of all Partners of the joint
venture.
8. This Joint Venture Agreement shall be construed and interpreted in accordance with the Laws
of India and courts of Delhi shall have the exclusive jurisdiction in all matters arising there
under.
9. It is further agreed that the Joint Venture Agreement shall be irrevocable and shall form an
integral part of the Contract and shall continue to be enforceable till the Owner discharges
the same. It shall be effective from the date first mentioned above for all purposes and intents.
IN WITNESS WHEREOF, the Partners to be Joint Venture Agreement have, through their
authorized representatives, executed these present and affixed Common Seals of their
respective companies on the day, month and year first mentioned above.
For M/s. .
(Partner -1)
1. Common Seal of
M/s. .. .
has been affixed in my / our (Signature of the Authorised
presence pursuant to Board of Directors Representative)
Resolution dated
Signature .. Name .
Designation ..
Name Common Seal of

M/s.
Designation ..
For M/s.
(Partner 2)
1. Common Seal of

M/s. .. .
has been affixed in my / our (Signature of the Authorised
presence pursuant to Board of Directors Representative)
Resolution dated
Signature .. Name
Designation ..
Name Common Seal of Company

Designation ..
Note: *To be incorporated by the Partners suitably.

ANNEXURE- D
DRAWINGS AND DOCUMENTS DISTRIBUTION SCHEDULE
S. APL CONSULTING
DESCRIPTION CONTRACTOR
No. Ranchi Banka ENGINEER
A Correspondence
1 Before Contract 2 Nil S Nil
S 1 1 Nil
1 S Nil Nil
1 Nil Nil S
2 Post Contract 1 Nil Nil S
1 Nil S Nil
1 S Nil Nil
S 1 1 1
B Bid Specification
1 Draft specification 3 Nil S Nil
2. Comments on Draft S Nil 1 Nil
specification
3. Final specification 10 Nil S Nil
C Bids
1 Bid Submission 1+7 Nil Nil S
D Contract S 3 1 1
E Contractor Drawings
1 Preliminary 7 Nil Nil S
2 Distribution of preliminary S 3 3 Nil
drawing
3 Return preliminary with S 1 1 1
comments
4 Final and any revisions 7 Nil Nil S
thereof
5 As-Built drawings 5+1T+1CD Nil Nil S
F Consulting Engineer
Drawing
1 Preliminary 3 Nil S Nil
2 Released for Construction 6 Nil S Nil
3 As-Built drawings 4+1T+1 CD Nil S Nil

G Progress Reports (Monthly)
1 Contractor 3 Nil Nil S
2 Consulting Engineer 3 Nil S Nil
H Instruction Manuals
1 Erection & Commissioning 8 Nil Nil S
Manual
2 Operation & Maintenance 8 Nil Nil S
Manual
APL ABHIJEET PROJECTS LIMITED

S SOURCE
T TRANSPARENCY

ANNEXURE- E
PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT
(To be stamped in accordance with Stamp Act If any, of the country of the issuing Bank)
Ref Bank Guarantee No.

Dated
Beneficiary:

Main Road,
Ranchi 834001.
Jharkhand
Date:
Dear Sirs,
Bank Guarantee for Rs. For Advance Payment

Valid from . To
With Claim period till .
Name of Contractor.
Issuing Bank Branch Phone No.
Fax No.
Email ID
In consideration of Abhijeet Projects Limited, 8th & 9th Floor, Mahabir Tower, Main Road, Ranchi
834001, Jharkhand (Address of Registered Office) Address of Registered Office.(hereinafter called
the ' Owner' which expression shall unless repugnant to the subject or context include its
administrators, executors and permitted assigns) having awarded to M/S
________________________________ having its Registered office at
__________________(hereinafter called the 'Contractor' which expression shall unless repugnant to
the subject or context include its administrators, executors and permitted assigns) a contract
No.___________ dated _________________ valued at Rs.____________________ for
_____________________________________ (Scope of Work) (hereinafter called the Contract) and
the Owner having agreed to make an advance payment to 'Contractor for performance of the above
Contract a sum of Rs.__________/- (Rupees __________ only) payment representing ____of the
Contract value of Rs. ___________/- (Rupees ____________________only) in terms of the said
Contract. We understand that, according to your conditions, bids must be supported by a bid
guarantee. We_______________ (Name of the bank & address) do hereby covenant and agree with
you as follows:
1. We hereby undertake to indemnify you and keep you indemnified to the extent of the sum of
Rs. _______________/- (Rupees ___________________ only) from and against all losses
and damages that may be caused to or suffered by you in relation to the advance payment
paid by you to the 'Contractor' as aforesaid by reason of any default or defaults on the part of
the 'Contractor' in due supply of the 'Goods' (as defined in the above Contract) or carrying
out any works under the said Contract in respect of which such advance payment as
aforesaid has been made by you to the 'Contractor' or otherwise in the observance and
performance of any of the terms and conditions relating there to in accordance with the true
intent and meaning thereof and in the event of any loss, damage , default or defaults on the
part of the 'Contractor' as aforesaid, we shall forthwith on demand pay to you any sum or
sums not exceeding in the total of the said sum of Rs.__________/- (Rupees
__________________only) as may be claimed by you from the 'Contractor' by way of refund
of such advance payment or any portion or otherwise as your losses and/or damages by

reason of such default or defaults caused to or would be caused on the part of the 'Contractor'
as aforesaid without demur or without reference to 'Contractor'.
2. Notwithstanding anything to the contrary, we agree that your decision as to whether the
Contractor has made any such default or defaults and the amount or amounts to which you
are entitled by reasons thereof, will be binding on us and we shall not be entitled to ask you to
establish your claim or claims under this Guarantee but shall pay the same forthwith without
any objection or excuse.
3. We undertake to pay to you any money so demanded from time to time notwithstanding any
dispute or disputes raised by the 'Contractor' in any suit or proceeding pending before any
court of Tribunal or arbitration relating thereto, our liability under these presents being
absolute and unequivocal.
4. The Payment (s) so made by us under this guarantee, shall be a valid discharge of our liability
for payment hereunder. This guarantee will also be discharged upon return of its original to
us.
This guarantee shall come into force simultaneously with your making the said advance
payment to the Contractor and shall not be revoked by us any time during its currency
without your previous consent in writing.
5. Unless extended, this guarantee shall remain in force till __________ (*) provided however
that, should it be necessary to extend, we shall extend forthwith the period of this guarantee
on your request till such time as may be required by you.
6. You will have fullest liberty without affecting this guarantee to postpone for anytime or from
time to time any of your rights or power against the 'Contractor' and either to enforce or
forebear to enforce any of the terms or conditions of the said Contract and we shall not be
released from our liability under this guarantee by the exercise of your liberty with reference to
the 'Contractor' any variation or modification of the said Contract or any other forbearance,
act or omission on your part or any indulgence shown by you to the 'Contractor' or by any
variation or modification of the said Contract or any other act, matter, or thing whatsoever
which under the law relating to sureties would, but for the provisions hereof, have the effect of
so releasing us from our liability hereunder. Provided always that nothing herein contained will
enlarge our liability hereunder beyond the limit of Rs._____________/- (Rupees
________________________only) as aforesaid or extend the period of this guarantee
beyond the said period unless extended in writing in terms of clause 5 thereof.
7. In order to give full effect to the guarantee herein contained you shall be entitled to act as if
we were your principal debtors in respect of your claims against the 'Contractor' under this
'Contract', hereby guaranteed by us as aforesaid and we hereby expressly waive all our
surityship and other rights if any, which are in any way inconsistent with the above or any
other provisions of this guarantee.
8. Subject to the maximum limit of our liability as aforesaid this guarantee will cover your claim
or claims against the 'Contractor' under this 'Contract' from time to time arising out of or in
relation to your such advance payment to the 'Contractor' aforesaid and in respect of which
your demand or notice in writing be issued to us before the date of expiry of this guarantee
mentioned above.
9. This guarantee and the power and provisions herein contained are in addition to and not by
way of limitation of or substitution for any other guarantee or guarantees hereto given to you
by us (whether jointly with other or alone) and now existing un-cancelled and that this
guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.
10. This guarantee shall be a continuing guarantee and shall not be discharged by any change in
the constitution of the 'Contractor' or ourselves, nor shall it be affected by any change in your
constitution or by any amalgamation or absorption thereof or therewith but will ensure for and
be available to and enforceable by the absorbing or amalgamated company or concerns. We

shall not revoke this guarantee during currency, except with your prior consent in writing or
upon return of this Bank Guarantee in original.
11. Unless a claim or demand is made on us in writing on or before @ _________ all your rights
shall be forfeited and we shall stand released and discharged from our liability hereunder.
12. We have power to issue this Guarantee in your favour and the undersigned, who are
executing this Guarantee have the necessary power to do so on behalf of the Bank under the
_______________Act, _______.
13. Notwithstanding anything contained herein above:
a) our liability under this Bank Guarantee shall not exceed Rs. ____________/- (Rupees
______________________ only).
b) this Bank Guarantee shall be valid only upto (*) or upto the period extended
under clause 5 whichever is later; and
c) we are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
_________ @.
WITNESS:
1
.
(Signature) (Name) (Signature)
Address
2
.
(Signature) (Name) (Name)
Address
.
(Official Address) (Designation with
Bank Stamp)
Attorney as per Power Of Attorney No.________ Date _________________
(*) The date will be the scheduled date of commissioning of the Goods at Site as per the abovesaid
Contract.
@ The date will be ninety (90) days after the scheduled date of commissioning of the Goods at Site
as per the above said Contract.
Note: 1) The Stamp paper of appropriate value shall be purchased in the name of the Bank
who issues the Bank Guarantee.
2) In case of domestic Bidders, the Bank Guarantee shall be from an Indian

Nationalised Bank or from following schedule Private Banks
a) ICICI Bank
b) HDFC Bank
c) IDBI Bank

3) In case of foreign Bidders, the Bank Guarantee shall be from the foreign branch of
the Indian Nationalised Bank/scheduled Private Bank as stated above. Alternatively,
foreign Bidder may also, if he so desire, submit the Bank Guarantee from the foreign
bank provided such Bank Guarantee is confirmed by an Indian Nationalised
Bank/schedule Private Bank as stated above.

ANNEXURE- F
PROFORMA FOR BANK GUARNATEE FOR PLANT PERFORMANCE GUARANTEE
(To be stamped in accordance with Stamp Act, if any, of the country of the Issuing Bank)

Date

8TH & 9TH Floor, Mahabir Tower,
Main Road,
Ranchi 834001
Jharkhand
Bank Guarantee for Rs.

Valid from . To
Name of Contractor.
Issuing Bank Branch Phone No.
Fax No.
Email ID
1. In consideration of Abhijeet Projects Limited, 8th & 9th Floor, Mahabir Tower, Main Road,
Ranchi 834001, Jharkhand, India (hereafter called Owner, which expression shall unless
repugnant to the context or meaning thereof include its administrators, successors and
assigns) having entered into a contract No.______ dated ___ with __________ having its
Registered Office at ________ (Address) (hereinafter referred to as Contractor, which
expression shall unless repugnant to the context or meaning thereof include its
administrators, successors and permitted assigns) for the supply of _______ (Name of the
Goods) (which contract is hereinafter referred to as Contract ) and Contractor having
agreed to provide a Guarantee for performance and functioning of the Civil and Structural &
Architectural work in terms of clause ________ of the Contract for an amount of
__________ in the form of Bank Guarantee, we_______ (Name & address of Banker )
(hereinafter referred to as Bank which expression shall unless repugnant to the context or
meaning thereof include its successors, administrators, executors and assigns ) do hereby
unconditionally and irrevocably guarantee and undertake to indemnify and keep indemnified
the Owner to the extent of Rs. ___________ (Rupees_________) at any time against any
loss, damage, costs, charges and expenses caused to or suffered by or that may be caused
to or suffered by the Owner by reason of any breach by the Contractor of any of the terms
and conditions of the Contract including but not limited to faulty design, faulty materials and
bad workmanship on its mere written demand and without any demur, reservations, recourse,
contest or protest and without any reference to the Contractor.
2. We the said Bank, further agree that Owner shall be the sole judge of and as to whether
the said Contractor has committed any breach or breaches of any of the terms and
conditions of Contract and the extent of loss, damage, costs and expenses caused to or
suffered by the Owner on account thereof and the decision of the Owner that the said
Contractor has committed such breach or breaches and as to the amount or amounts of
loss, damages, costs, charges and expenses caused to or suffered by or that may be caused
to or suffered by the "Owner by reason of any breach by the Contractor of any of the terms
and conditions of the Contract including but not limited to faulty design, faulty materials and
bad workmanship from time to time shall be final and binding on us notwithstanding any
difference between the Owner and the Contractor or any dispute pending before any court,
Tribunal Application or any other authority to form.
3. We the said Bank further agree that this guarantee shall come into force from date hereof
_______ and shall remain valid and in force upto________, (*) Unless a notice or claim under

this guarantee has been served on the Bank before ______@ in which case this guarantee
shall be enforceable against the said Bank notwithstanding the fact that the same is
enforced after expiry of the said period of validity.
4. The Owner shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee from time to time to vary any of the terms and conditions of the said
Contract or to extend the time for performance thereof by the said Contractor. The Owner
shall have the fullest liberty, without affecting this guarantee, to postpone from time to time
the exercise of any powers vested in them or of any right which they might have against the
Contractor, and to exercise the same at any time in any manner, and either to enforce or to
forbear to enforce any covenants, contained or implied, in Contract between the Owner and
the Contractor or any other course or remedy or security available to the Owner. The
Bank shall not to be released of its obligations under these presents by any exercise by the
Owner of its liberty with reference to the matters aforesaid or any of them or by reason of
any other act or forbearance or omission on the part of the Owner or any other indulgence
shown by the Owner or by any other matter or thing whatsoever which under law relating to
Sureties would, but for this provision, have the effect of relieving the Bank.
5. Our obligation to pay hereunder is as principal debtor and not as surety and it shall not be
necessary for the Owner to proceed against the said Contractor before proceeding against
the Bank and the guarantee herein contained shall be enforceable against the Bank
notwithstanding any other security which the Owner may have obtained or obtain from the
Contractor at the time when proceedings are taken against the said Bank in any manner
whatsoever.
7. We, the said Bank further undertake not to revoke the guarantee during its currency except
with the previous consent of the Owner in writing and agree that any change in the
constitution of the said Contractor or the Bank shall not discharge our liability hereunder in
any manner whatsoever.
8. Our liability under this guarantee is limited to Rs._____________(Rupees___).
9. We have power to issue this Guarantee in your favour and the undersigned who are
executing this Guarantee have the necessary power to do so on behalf of the Bank under
the .. (name of Bank & Act ).
10. This guarantee shall come into force immediately on release of payment of Rs.____________
(Rupees_______) by the Owner to the Contractor.
______________________ only).
b) this Bank Guarantee shall be valid only upto (*) or upto the period extended
_________ @.
WITNESS:
1
.

Address
2
.
Address
.
Bank Stamp)
(*) The date will be the scheduled date of commissioning of the Goods at Site as per the abovesaid
Contract.
@ The date will be ninety (90) days after the scheduled date of commissioning of the Goods at Site
as per the above said Contract.

Nationalised Bank or from following schedule Private Banks
a) ICICI Bank
b) HDFC Bank
c) IDBI Bank

ANNEXURE- G
PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE
(To be stamped in accordance with Stamp Act If any, of the country of the issuing Bank)

Date
ABHIJEET PROJECTS LIMITED.,

Main Road,
Ranchi 834001
Jharkhand
Dear Sirs,
Bank Guarantee for Rs. For Contract Performance

Valid from . To
Name of Contractor.
Issuing Bank Branch Phone No. Address
Fax No.
Email ID
We have been informed that [the Contractor] (hereinafter called the Contractor) has entered into
Contract No. [Contract reference No.] dated ___________with you, for the execution of [name of the
contract and brief description of the facilities] (hereinafter called the Contract)
Furthermore, we understand that, according to the conditions of the Contract, a performance

guarantee is required.
In consideration of Abhijeet Projects Limited, 8th & 9th Floor, Mahabir Tower, Main Road, Ranchi
834001, Jharkhand, India (Address of Registered Office) (hereinafter called the 'Owner' which
expression shall unless repugnant to the subject or context include its administrators, executors and
permitted assigns) having awarded to M/S ________________________________ having its
Registered office at __________________(hereinafter called the 'Contractor' which expression shall
unless repugnant to the subject or context include its administrators, executors and permitted assigns)
a contract No.___________ dated _________________ valued at Rs.____________________ for
_____________________________________ (Scope of Work) (hereinafter called the Contract) and
the same has been unequivocally accepted by the Contractor and the Contractor having agreed to
provide a Contract Performance Guarantee for the faithful performance of the entire Contract
equivalent to ___________ being ____ % of the said value of the Contract to the Owner.
We_______________ (Name of the bank & address) do hereby covenant and agree with you as
follows:
1. We hereby undertake to indemnify you and keep you indemnified to the extent of the sum of
Rs. _______________/- (Rupees ___________________ only) from and against all losses
and damages that may be caused to or suffered by you by reason of any default or defaults
on the part of the 'Contractor' in performance of the Contract or carrying out any works under
the said Contract or otherwise in the observance and performance of any of the terms and
conditions relating there to in accordance with the true intent and meaning thereof and in the
event of any any loss, damage ,default or defaults on the part of the 'Contractor' as aforesaid,
we shall forthwith on demand pay to you any sum or sums not exceeding in the total of the
said sum of Rs.__________/- (Rupees __________________only) as may be claimed by you
from the 'Contractor' as your losses and/or damages by reason of such default or defaults

caused to or would be caused on the part of the 'Contractor' as aforesaid without demur or
without reference to 'Contractor'.
2. Notwithstanding anything to the contrary, we agree that your decision as to whether the
Contractor has made any such default or defaults and the amount or amounts to which you
are entitled by reasons thereof, will be binding on us and we shall not be entitled to ask you to
establish your claim or claims under this guarantee but shall pay the same forthwith without
any objection or excuse.
3. We undertake to pay to you any money so demanded from time to time notwithstanding any
dispute or disputes raised by the 'Contractor' in any suit or proceeding pending before any
court of Tribunal or arbitration relating thereto, our liability under these presents being
absolute and unequivocal.
4. The Payment (s) so made by us under this guarantee shall be a valid discharge of our liability
for payment hereunder. This guarantee will also be discharged upon return of its original to
us.
This guarantee shall come into force from the date of this Guarantee and shall not be revoked
by us any time during its currency without your previous consent in writing.
6. You will have fullest liberty without affecting this guarantee to postpone for anytime or from
time to time any of your rights or power against the 'Contractor' and either to enforce or
forebear to enforce any of the terms or conditions of the said Contract and we shall not be
released from our liability under this guarantee by the exercise of your liberty with reference to
the 'Contractor' any variation or modification of the said Contract or any other forbearance,
act or omission on your part or any indulgence shown by you to the 'Contractor' or by any
variation or modification of the said Contract or any other act, matter, or thing whatsoever
which under the law relating to sureties would, but for the provisions hereof have the effect of
so releasing us from our liability hereunder. Provided always that nothing herein contained will
enlarge our liability hereunder beyond the limit of Rs._____________/- (Rupees
________________________only) as aforesaid or extend the period of this guarantee
beyond the said period unless extended in writing in terms of clause 5 thereof.
7. In order to give full effect to the guarantee herein contained you shall be entitled to act as if
we were your principal debtors in respect of your claims against the 'Contractor' under this
'Contract', hereby guaranteed by us as aforesaid and we hereby expressly waive all our
surityship and other rights if any, which are in any way inconsistent with the above or any
other provisions of this guarantee.
8. Subject to the maximum limit of our liability as aforesaid this guarantee will cover all your
claim or claims against the 'Contractor' under this 'Contract' from time to time arising out of or
in relation thereto and in respect of which your demand or notice in writing be issued to us
before the date of expiry of this guarantee mentioned above.
9. This guarantee and the power and provisions herein contained are in addition to and not by
way of limitation of or substitution for any other guarantee or guarantees hereto given to you
by us (whether jointly with other or alone) and now existing un-cancelled and that this
guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.
10. This guarantee shall be a continuing guarantee and shall not be discharged by any change in
the constitution of the 'Contractor' or ourselves, nor shall it be affected by any change in your
constitution or by any amalgamation or absorption thereof or therewith but will ensure for and
be available to and enforceable by the absorbing or amalgamated company or concerns. We
shall not revoke this guarantee during currency, except with your prior consent in writing or
upon return of this Bank Guarantee in original.

11. Unless a claim or demand is made on us in writing on or before @ _________ all your
rights shall be forfeited and we shall stand released and discharged from our liability
hereunder.
12. We have power to issue this Guarantee in your favour and the undersigned, who are
executing this Guarantee have the necessary power to do so on behalf of the Bank under the
_______________Act, _______.
______________________ only).
b) this Bank Guarantee shall be valid only upto (*)or upto the period extended
_________ @.
WITNESS:
1
.
Address
2
.
Address
.
Bank Stamp)
(*) The date will be the scheduled date of commissioning of Goods / Services at Site as per the
above said Contract.
@ The date will be ninety (90) days after the scheduled date of commissioning of the Goods /
Services at Site as per the above said Contract.

Nationalised Bank or from following schedule Private Banks:
a) ICICI Bank
b) HDFC Bank
c) IDBI Bank



ANNEXURE- H

ANNEXURE- I
SCHEDULE OF INSURANCE SPECIFICATIONS
1.1 Marine/Transit Insurance For Materials and Goods
All the supply Contractors to take the Marine/transit insurance for their respective supply
Contracts.
Type of Policy-Marine / Transit open policy

Cover- All risk including strike riot and civil commutation
In respect of imported consignments cover to be taken Institute Cargo Clause (A) including war &
SRCC
Declarations- All the consignments to be declared to the insurer before dispatch or on monthly
basis as agreed with them.
Per bottom limit-Maximum anticipated value at risk at any time to be declared in advance.
Coverage- Risk attaching from the Suppliers/Manufacturers warehouse till the consignment
reaches the store/warehouse at the project site including all the intermediate storages as well as
customary transhipments, if any.
Packing details- All the consignment to be packed as per the standards
Policy to contain 50:50 clause
Deductibles NIL
Sum insured: Invoice value including taxes, duties, freight and insurance cost.
Insured Supply Contractors
1.2 Erection All Risk Insurance (EAR)
All the erection/construction Contractors to take erection All Risk policy as per following details: -
Standard Erection All Risk Insurance Policy
Insured: - To be taken by the Erection Contractor covering the interest of Sub-contractors

in joint name with the lenders and the Owner.
Period of insurance: - Covering the risk from the date of arrival of 1st consignment of material at
site till erection and testing is completed including one months testing period. In respect of BTG
package and Switch yard equipments and transformers three months testing period to be opted.
Sum insured: Completely erected value of the project i. e. Basic cost of material and Goods
(including the material and Goods supplied by the principal, if any) inclusive of taxes, freight
charges, duties, handling charges and cost of erection.
Reasonable supervision charges may also be specifically insured.
Additional coverages by way of extension under the policy: -

Civil works like foundations and other incidental civil works.
Third party liability Including Cross Liabilities
Limit of liability
Any one accident Rs._____* million
During policy period Rs._____* million
50:50 clause.
72 hours clause.
Earthquake (fire and shock) risk
Expediting cost like express freight up to 30% of Net Claim Amount.
Automatic reinstatement of sum insured after the loss up to 10% of Sum Insured.
Design Defect.
Escalation benefit clause up to 10% of the Sum Insured.

Clearance and removal of debris up to Rs.____* million.

Terrorism risk.
Construction machinery plants and Goods.
Extended maintenance cover- 12 Months from the completion of the testing
* The amount shall be mutually discussed and agreed with successful Bidder
Deductibles: The standard deductibles applicable should be opted are:
A) For the Turbine, Generator Set, Steam Generator Set and the Transformers
For each and every claim: -
5% of the claim amount subject to a minimum of Rs.50,000 for claims during storage and
erection,
5% of the claim amount subject to a minimum of Rs.200,000 for claims during testing,
10% of the claim amount subject to a minimum of Rs.200,000 and a maximum of

Rs.20,000,000 for claims arising out of Fire/ Explosion and
10% of the claim amount subject to a minimum of Rs.200,000 and a maximum of

Rs.50,000,000 for claims arising out of Acts of God perils, Lightning and other Atmospheric
Disturbances
B) For the other Items

For each and every claim
5% of the claim amount subject to a minimum of Rs 15,000 for claims during storage and
erection,
5% of the claim amount subject to a minimum of Rs 50.000 for claims during testing,
10% of the claim amount Subject to a minimum of Rs 50,000 and a maximum of Rs

20,000,000 for claims arising out of Fire/ Explosion and
10% of the claim amount subject to a minimum of Rs 50,000 and a maximum of Rs

.50,000,000 for claims arising out of Acts of God perils, lightning and other Atmospheric
Disturbances
1.3 Contractors All Risk Insurance (CAR)
All the construction contractors to take the Contractors All Risk Insurance policy as per following
details: -
Standard Contractors All Risk Insurance Policy
Insured: - To be taken by the construction contractor covering the interest of sub-

contractors in joint name with the lenders and the Owner.
Period of insurance: - Covering the risk from the date of arrival of 1st consignment of material at
site till the completion of construction and taking over of the works by the principal.
However the expiry dates of the insurance policy covering power house to coincide with the expiry
date of the EAR Insurance covering the BTG package.
Sum insured: Completely constructed value of the contract works i. e. Basic cost of material and
Goods (including the material and Goods supplied by the principal, if any) inclusive of taxes,
freight charges, duties, handling charges and cost of construction.
Reasonable supervision charges may also be specifically insured.
Additional coverages by way of extension under the policy: -

Incidental mechanical and electrical works.

Third party liability Including Cross Liabilities

Limit of liability
Any one accident -Rs ____* million
During policy period -Rs _____* million
50:50 clause.
72 hours clause.
Earthquake (fire and shock) risk
Expediting cost like express freight up to 30% of Net Claim Amount.
Automatic reinstatement of sum insured after the loss up to 10% of Sum Insured.
Design Defect.
Escalation benefit clause up to 10% of the Sum Insured.
Clearance and removal of debris up to Rs._____* million.
Terrorism risk.
Construction machinery plants and Goods.
Extended maintenance cover- 12 Months from the completion and taking over of the works by
the owner
Deductibles: The standard deductibles as applicable under the insurance tariff should be opted.
The lenders interest under the EAR and CAR policies to be protected by incorporating the
following additional clauses:-
Assignment Clause Insurer confirms having noted the Insureds advice that
the policy would be assigned in the name of the Lenders
and the owner or alternatively the Lenders and the owner
to be named as additional co-insured under the policies.
Non Vitiation/ Any omission, statement or misstatement on the part of
Non-Invalidation Clause the insured, which may vitiate any claim or render the
policy void shall not prejudice the rights of the Lenders as
well as the owner as long as the lenders/owners have
neither knowledge nor are privy to such omission.
Waiver of subrogation All rights of subrogation of insurer against any third parties
Clause including Lender and the owners shall stand waived.
Notification Clause Insurer shall give advance notice to the Lenders and
owners in case of cancelling or suspending cover or
reducing limits of coverage or terminating cover before
date of expiry.
Loss Payee Clause A loss payee is entitled to the entire insurance proceeds,
or amounts exceeding certain limits, irrespective of
whether he has an interest in the insured property. The
loss payee has no obligations under the insurance policy
and is not liable to pay premium amount. This policy
protects the lender as he obtains the insurance proceeds.
This clause to apply for any loss beyond Rs. 50 million.

(Additional Insure Clause & Waiver of Contribution Clause to be inserted)
1.4 Contractors plant and machinery Insurance.
The plant and machinery to be deployed by the erection and construction contractors/sub-
contractors to be covered under Contractor Plant and Machinery insurance policies
The policy to extend to cover the third party liability risk including cross Liability: -
Limits of liability:
a) Any one person Rs.10 Million
b) Any one Accident Rs.10 Million
c) During the policy period Rs.40 Million

Deductible: The normal tariff deductibles to be opted.
The erection/construction contractors have an option to get this insurance covered under the
Erection/ Contractors All Risk Insurances as an extension as mentioned in 1.2 & 1.3
Insured Erection Construction Contractors / Sub-contractors
1.5 Motor Vehicles Insurance
All the motor vehicles owned, hired, leased, used or borrowed for use in connection with the
project whether belonging to the contractors / sub-contractors to be insured against third party
liability as required under the Motor vehicles act 1988.
Insured Contractors / Sub-contractors for their respective motor vehicles
1.6 Workmens compensation / Employers Liability Insurance
All the workers temporary/ permanent employed by the Contractor as well as their Sub-
contractors to be covered against the legal liability towards such employees/workmen under the
Workmens Compensation Insurance covering the liability under Workmens Compensation Act
1923, Fatal Accidents Act 1855 and Common Law, for death or bodily injury, sickness, illness or
disease arising out of and during the course of execution of the Contract.
Additionally, coverage under this shall include a voluntary compensation and employers liability
endorsement for employees not subject to the workers compensation laws. Employers liability
coverage limits should be no less than those provided for under the Workmens Compensation
Act.
Insured: Contractors/Sub-contractors in the joint name with the Owner
1.7 Public liability Insurance/ Third Party Liability Insurance
This insurance shall provide coverage against legal liability to third parties for bodily injury or
damage to property arising out during the execution of the Contract, and shall provide coverage
for the Contractor, all suppliers, consultants and the Owner on and from the date of
commencement of the Works till the completion period of the Contract.
The policy to be taken for the following limits: -
Any one accident: Rs.____* Million

During the contract period: Rs.____* Million
Insured: Contractors / Sub contractors in the joint name with the Owner
Wherever Third Party extension is opted as part of EAR/CAR Insurances, this separate liability
policy may not be required.
1.8 Professional indemnity Insurance:
This Insurance to provide indemnity to the Owner as a result of errors and omissions in the
design/ manufacturing/ execution of the Goods, the policy to be taken for the indemnity limits of
any one accident and aggregate of Rs. 50 million. This policy should remain in force for 12
months after the successful Commissioning
1.9 Group Personal Accidental Policy:
All the workers, temporary/ permanent employed by the Contractor as well as their sub-
contractors to be covered under Group Personal Accidental Insurance. This policy is to be taken
per person for a limit between Rs. 0.60 to 0.80 Million as per the eligibility criterion.

Note:
All these policies to be maintained in force for the complete project period.
The coverage in all respect of all the policies will be subject to annual review and
adjustment to ensure adequacy of the coverage.
The contractor shall furnish to the Owner copies of all the policies of insurance along with
the policy schedules and receipt for premium paid and other connected documents and in
addition shall whenever required by the Owner produce to the Owner such and other
connected documents pertaining to insurance coverage and claims as the Owner may
require.
The above are only illustrative list of insurance covers normally required and it will be the
responsibility of the Contractor to maintain all necessary insurance coverage to the extent
both in time and amount to take care of all his liabilities either direct or indirect, in
pursuance of the Contract.
Final requirement of Policy, coverage and clause / required endorsement shall be

intimated based on nature of contract entered and value of contract, which shall be
binding on contractor.
Owner shall have the right to appoint Insurance Consultants to evaluate the adequacy or
otherwise of the Insurance covers purchased from time to time.

ANNEXURE J
FORM OF DEED OF JOINT UNDERTAKING
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
This DEED OF UNDERTAKING executed this..day of Two

thousand . By M/s a
company incorporated under . having its Registered Office at
(hereinafter called the Principle / Collaborator, which
expression shall include its successors, administrators, executors and permitted assigns) and M/s
a Company registered under the
. having its registered office at
. (hereinafter called the Bidder/Contractor, which
expression shall include its successors, administrators, executors and per-mitted assigns) in favour of
Abhijeet Projects Limited having its registered office at 8th & 9th Floor, Mahabir Tower, Main Road,
Ranchi 834001, Jharkhand, India (hereafter called Employer which expression shall include its
successors, administrators, executors and assigns).
WHEREAS, the Employer invited Bids for design, engineering, manufacture, supply, transportation to
site, installation, testing, commissioning and conductance of performance guarantee tests
of. Package for its 1320 MW (2 X 660 MW) Thermal Power Plant Phase-I Project
(hereinafter referred to as Plant) vide its Bidding Document No. ..
WHEREAS M/s .. (Bidder) is submitting its proposal in

response to the invitation for Bid by the Employer, bearing No. . dated
.. for . Package for 1320 MW (2 x 660 MW) Thermal
Power Plant Phase-I Project against the Employers Bidding Documents
AND WHEREAS M/s . (Bidder) desire to associate/ collaborate with

M/s (hereinafter referred to as Principle/Collaborator), the Bidder and the
Principle / Collaborator are required to jointly execute and furnish along-with the bid an irrevocable
Deed of Joint Undertaking and be jointly and severally responsible and bound unto the Employer for
successful performance of goods fully meeting the stipulated technical requirements, guaranteed
parameters and characteristics as per bidding documents, in the event the Bid is accepted by the
Employer resulting into a Contract.
NOW THEREFORE, THIS DEED WITNESSETH AS UNDER:
That in consideration of the Award of the Contract by the Employer to the Contractor, we the Principle
/ Collaborator and the Contractor, do hereby declare and undertake that we shall be jointly and
severally responsible to the Employer for the execution and successful performance of the Goods as
specified under the said Contract.
In case of any breach of the Contract committed by the Contractor, we the Principle/Collaborator do
hereby undertake, declare and confirm that we shall be fully responsible for the successful
performance of the Goods and undertake to carryout all the obligations and responsibilities under this
Deed of Joint Undertaking. Further, if the Employer sustains any loss or damage on account of any
breach of the Contract, we the Principle/Collaborator and Contractor jointly and severally undertake to
promptly indemnify, and pay such losses/damages caused to the Employer on its written demand
without any demur, reservation, Contest or protest in any manner whatsoever. This is without
prejudice to any right of the Employer against the Contractor under the Contract and/or guarantees. It
shall not be necessary or obligatory for the Employer to first proceed against the Contractor before
proceeding against the Principle/Collaborator nor any extension of time or any relaxation given by the
Employer to the Contractor shall prejudice any rights of the Employer under this Deed of Joint
Undertaking to proceed against the Principle/Contractor.

Without prejudice to the generality of the Deed of Joint Undertaking in paragraph 1 above, the manner
of achieving the objective set forth in paragraph 1 above shall be follow: -
We the Principle/Collaborator shall be fully responsible for design including calculations & preparation
of manufacturing drawings, manufacture, supply, installation, testing, commissioning and carrying out
the performance guarantee tests, so as to ensure satisfactory, reliable, safe and trouble free
performance of the Goods covered under the Contract.
Further, the Principle/Collaborator, shall depute their technical experts from time to time to the
Contractors works/Employers project site as required by the Employer to facilitate the successful
performance of the Goods as stipulated in the Contract.
In the event the Principle/Collaborator and Contractor fail to demonstrate that the Goods meet the
guaranteed parameters and demonstration parameters as specified in the Contract, the
Principle/Collaborator and the Contractor shall promptly carry out all the corrective measures at their
own expense and shall promptly provide corrected design to the Employer.
Implementation of the corrected design and all other necessary repairs, replacement, rectification or
modifications to the Goods and payment of financial liabilities and penalties shall be the joint and
several responsibilities of the Contractor and Principle/Collaborator.
We, the Contractor and the Principle/Collaborator do hereby undertake and confirm that this
Undertaking shall be irrevocable and shall not be revoked till ninety (90) days after the end of the
defect liability period of the last equipment covered under this Deed of Joint Undertaking and further
stipulate that the Undertaking herein contained shall terminate after ninety (90) days of satisfactory
completion of such defect liability period. In case of delay in completion of Defect Liability Period, the
validity of this deed of Joint Undertaking shall be extended by such period of delay. We further agree
that this Deed of Joint Undertaking shall be without any prejudice to the various liabilities of the
Contractor, including Contract Performance Security as well as other obligations of the Contractor in
terms of the Contract.
Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per
arbitration procedure/rules mentioned in the Contract documents. This Deed of Joint Undertaking
shall be construed and interpreted in accordance with the Laws of India and the Courts of Delhi shall
have exclusive jurisdiction.
We, the Principle/Collaborator and the Contractor agree that this Deed Of Joint Undertaking shall form
an integral part of the Contract. We further agree that this Deed of Joint Undertaking shall continue to
be enforceable till its validity.
That this Deed of Undertaking shall be operative from the Effective Date of the Contract.
IN WITNESS WHEREOF, the Principle/Collaborator and the Contractor through their authorized
representatives have executed these presents and affixed common seal of their respective
companies, on the day, month and year first mentioned above.
For M/s ..
(Principle/Collaborator)
1.WITNESS: ..
(Signature of the Authorized Representative)

(Signature, Name & Address)
.
Name.
Designation

Common Seal of the Company
For M/s
(Bidder)
1.WITNESS: ..
(Signature of the Authorized Representative)

(Signature, Name & Address)
.
Name .
Designation
Common Seal of the Company

ANNEXURE- J1
DEED OF JOINT UNDERTAKING BETWEEN [NAME OF BIDDER] and [NAME OF

QUALIFYING BTG]
(Non-Judicial Stamp Paper of Appropriate Value)
This DEED OF JOINT UNDERTAKING (the Deed of Joint Undertaking) executed this day of [___]
200[_] is by and between [Insert Name of Qualifying BTG], a company incorporated under the laws of
[___], having its registered office at [___] (hereinafter called the Qualifying BTG, which expression
shall include its successors, administrators, executors and permitted assigns) and [Insert Name of
Bidder], a company registered under the laws of [___], having its registered office at [___] (hereinafter
called the Contractor, which expression shall include its successors, administrators, executors and
permitted assigns), for the benefit of Abhijeet Projects Limited, registered in India under the
Companies Act, 1956, having its registered office at 8th & 9th Floor, Mahabir Tower, Main Road,
Ranchi 834001, Jharkhand, India (hereinafter called Owner, which expression shall include its
successors, administrators, executors and assigns).
WHEREAS, Owner invited bids for the design, engineering, procurement, construction, erection
installation, testing, completion, commissioning, performance testing and final completion of an
independent 1320 MW (2 X 660 MW) Thermal Power Plant Phase-I Pro2x660MW (Phase-I) Super
Thermal Power Project to be located at Village: Siriya, Banka, Bihar, India (hereinafter referred to
as the Project) through its Bidding Document No.-------------------------;
WHEREAS, Contractor is submitting its proposal in response to Bidding Document No -------------------

----- from the Owner bearing Copy No: [___] (the Bidding
Documents);
WHEREAS, Contractor has a [association] [valid licensing agreement] [authorisation to

manufacturer][a long term manufacturing collaboration agreement] (use appropriate reference)
covering the Super-Critical/ Sub-critical Steam Generator and/or Steam Turbine [designed] [to be
supplied] (modify as appropriate) by Qualifying BTG; and
WHEREAS, Contractor and Qualifying BTG are required to jointly execute and furnish along with the
bid, this irrevocable Deed of Joint Undertaking and be jointly and severally responsible and bound to
the Owner for successful performance of the Super-Critical/ Sub-critical Steam Generators and/or
Steam Turbines along with their integral auxiliaries in the event the bid submitted by Contractor is
accepted by the Owner.
NOW THEREFORE, THIS DEED WITNESSETH AS UNDER:
1. In consideration for the award of the Contract by the Owner to the Contractor, Qualifying BTG
and the Contractor agree that each shall be jointly and severally responsible to the Owner for
the execution and successful performance of the Super-Critical/ Sub-critical Steam Generator
and/or Steam Turbine along with their integral auxiliaries as set forth in the Contract to the
satisfaction of the Owner.
2. In case of any breach of the Contract by the Contractor, Qualifying BTG shall be fully
responsible for the successful performance of the Super-Critical/ Sub-critical Steam
Generators and/or Steam Turbines with their integral auxiliaries, and shall carry out all
obligations and responsibilities under this Deed of Joint Undertaking. If Owner incurs any
losses, damages, expenses, injuries or liabilities (collectively, the Losses) on account of any
breach of the Contract related to any of the Super-Critical/ Sub-critical Steam Generators

and/or Steam Turbines along with their integral auxiliaries, Qualifying BTG and the
Contractor, on a joint and several basis, shall promptly indemnify and pay such Losses
incurred by the Owner on its written demand without any demur, reservation, contest or
protest in any manner whatsoever. Qualifying BTG shall indemnify and pay to the Owner
such Losses up to an amount equivalent to one-hundred and fifty million US dollars
(US$150,000,000) or the value of the equipment, components and services supplied by the
Qualifying BTG, whichever is higher. This Deed of Joint Undertaking is without prejudice to
any right of Owner against the Contractor under the Contract and all guarantees and
performance security there under. It shall not be necessary or obligatory for the Owner to first
proceed against the Contractor before proceeding against the Qualifying BTG (with respect to
the obligations and responsibilities covered under this Deed of Joint Undertaking), nor any
extension of time or any relaxation given by the Owner to the Contractor shall prejudice any
rights of the Owner under this Deed of Joint Undertaking to proceed against the Qualifying
BTG and Contractor.
3. Without prejudice to the joint and several obligations of the Contractor and Qualifying BTG
hereunder, the analysis and/or investigations of the non-performance of the equipment may
initially be carried out by the Contractor within a period of fifteen (15) Days from the date of
reference of the problem by the Owner, before the Owner approaches Qualifying BTG for any
such analysis and/or investigation. It shall not however be necessary or obligatory for the
Owner to first proceed against the Contractor before proceeding against the Qualifying BTG
(with respect to obligations and responsibilities of the Qualifying BTG covered under this
Deed of Joint Undertaking), nor any extension of time or any relaxation given by the Owner to
the Contractor shall prejudice any right of Owner under this Deed of Joint Undertaking to
proceed against Qualifying BTG and Contractor.
4. Without prejudice to the generality of the undertaking in paragraph 1 above, the manner of
achieving the objectives set forth in paragraph 1 above shall be as follows:
a) Qualifying BTG shall be fully responsible for complete engineering, preparation of all designs,
design calculations and manufacturing drawings for all the Super-Critical/ Sub-critical Steam
Generators and/or Steam Turbines along with their integral auxiliaries so as to ensure
satisfactory, reliable, safe and trouble free performance of Super-Critical/ Sub-critical Steam
Generators and/or Steam Turbines along with their integral auxiliaries in accordance with the
guaranteed parameters set forth in the Contract.
b) Qualifying BTG shall provide all additional necessary technical assistance to the Contractor
for the portion of work to be performed by the Contractor.
c) Qualifying BTG shall extend its quality surveillance, supervision and quality control to the
Contractor during manufacture, supply, erection, commissioning and performance testing,
both at Contractor's facilities and/or at the Site. Without prejudice to the overall
responsibilities of the Qualifying BTG for successful commissioning and performance of the
Super-Critical/ Sub-critical Steam Generators and/or Steam Turbines along with their integral
auxiliaries, the Qualifying BTG shall depute its technical experts from time to time to the
Contractor's facilities and/or the Site, as mutually agreed upon between the Owner and the
Contractor.
d) Qualifying BTG will supply equipment and components manufactured at its facilities or at its
vendor's facilities in accordance with the requirements and schedule specified in the
Contract.
e) Qualifying BTG will be fully responsible for the quality of manufacture of all equipment, main
assemblies and components for incorporation in the Super-Critical/ Sub-critical Steam
Generators and/or Steam Turbines along with their integral auxiliaries. [For the equipment,
main assemblies and components to be manufactured by the Contractor or by its vendors in

accordance with the Qualifying BTGs design, Qualifying BTG shall ensure completeness and
correctness of the design, data, document and information in every detail provided to the
Contractor which would result in the same quality of equipment as if manufactured by
Qualifying BTG and shall be approved by Qualifying BTG.] (insert if the Super-Critical Sub-
critical Steam Generator and/or Steam Turbine or its components are being manufactured by
the Contractor)
f) [Contractor shall be responsible to manufacture that portion of the equipment which is to be

manufactured at its own or its vendors facilities in accordance with the design provided by
Qualifying BTG and in accordance with Qualifying BTGs quality acceptance level.] (insert if
the Super-Critical/ Sub-critical Steam Generator and/or Steam Turbine is being manufactured
by the Contractor)Contractor shall erect, commission and carry out the guarantee tests of all
the Super-Critical/ Sub-critical Steam Generator and/or Steam Turbine along with their
integral auxiliaries in accordance with the Contract and in accordance with Qualifying BTGs
advice, procedure and guidance. Contractor shall seek specific approval of Qualifying BTG
before modifying the design, drawings or procedure.
g) In the event any problem is encountered during the manufacture, erection, testing and
commissioning or if the Contractor fails to demonstrate during the testing that the
Super-Critical/ Sub-critical Steam Generators and/or Steam Turbines along with their integral
auxiliaries meet the guaranteed parameters set forth in the Contract, Qualifying BTG shall
promptly provide Owner and Contractor with all technical assistance, services and support to
analyse and suggest corrective measures and modifications to the equipment and systems of
all the Super-Critical/ Sub-critical Steam Generators and/or Steam Turbines together with
their integral auxiliaries directly to the Owner. Qualifying BTG shall promptly carry out all
corrective measures and modifications (as recommended by Qualifying BTG and agreed to
by the Owner) for the equipment and systems supplied by it and at its own expense.
Thereafter, Contractor and Qualifying BTG shall demonstrate satisfaction of the guaranteed
parameters set forth in the Contract.
5. Contractor and Qualifying BTG agree that this Deed of Joint Undertaking shall be initially
valid until ninety (90) Days after the scheduled end of the Warranty Period of the second
(2nd) Unit of the Stream to be constructed under the Contract. In the event of an extension of
the Warranty Period, the validity of this Deed of Joint Undertaking shall be extended by such
period of extension. Contractor and Qualifying BTG agree that this Deed of Joint Undertaking
shall be irrevocable. Contractor and Qualifying BTG further agree that this Deed of Joint
Undertaking shall be without any prejudice to the obligations and liabilities of the Contractor
including any performance security and obligations of the Contractor under the Contract.
6. In case of award, in addition to the performance securities to be furnished by the Contractor,

Qualifying BTG shall furnish as security a performance bank guarantee in the form of
Annexure-F of the Contract in favour of the Owner in accordance with the Bidding
Documents. The value of such performance bank guarantee shall be equal to one and one-
half percent (1.5%) of the total Contract Price and it shall guarantee the full, complete and
faithful performance and compliance of this Deed of Joint Undertaking in accordance with the
terms and conditions specified herein. The performance bank guarantee shall be
unconditional, irrevocable and initially valid until ninety (90) Days after the scheduled end of
Warranty Period of the second (2nd) Unit of the Stream to be constructed under the Contract.
In the event of an extension of the Warranty Period, the validity of the performance bank
guarantee shall be extended for the period of such extension. The performance bank
guarantee shall be immediately paid to the Owner on demand without any demur,
reservation, protest or contest.
7. Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled
in accordance with the arbitration provisions of the Contract.

8. This Deed of Joint Undertaking shall be construed and interpreted in accordance with the
laws of India.
9. Qualifying BTG and Contractor agree that this Deed of Joint Undertaking shall constitute a
Project Agreement.
10. This Deed of Joint Undertaking shall be without any prejudice to the various liabilities of the
Contractor to Owner and the obligations of the Contractor under the Contract (including any
performance security there under). This Deed of Joint Undertaking shall be effective from the
Effective Date of the Contract.
11. This Deed of Joint Undertaking may not be amended, modified, superceded, cancelled,
renewed or extended except by a written instrument or document signed by all parties hereto.
12. In the event of any inconsistency between this Deed of Joint Undertaking and the Contract,
the terms of the Contract shall prevail.
13. All capitalized terms used in this Deed of Joint Undertaking shall have the meanings given to
them in the General Conditions of Contract that comprises part of the Contract except as
otherwise set forth herein. For purposes of this Deed of Joint Undertaking, the term
Contract means the contracts to be entered into between the Owner and the Contractor with
respect to the Project.
IN WITNESS WHEREOF, Qualifying BTG and the Contractor, through their authorised
representatives, have executed these presents and affixed the common seal of their
respective companies on the day, month and year first mentioned above.
QUALIFYING BTG
Signature _________________________
Name _________________________
Designation _______________________
Common Seal of the Company.............................
WITNESS:
Signature _________________________
Name _________________________
CONTRACTOR
Signature _________________________
Name _________________________

Designation _______________________
WITNESS:
Signature _________________________
Name _________________________
Accepted By:
ABHIJEET Projects Limited
Signature _________________________ Name
_________________________ Designation _______________________
WITNESS:
Signature _________________________
Name _________________________

ANNEXURE- K
LIQUIDATED DAMAGES FOR SHORTFALL IN PERFORMANCE
Amount of liquidated damages for

Sl. No. Performance Parameters
shortfalls in performance (or part thereof)
1 Steam Generator capacity at 100% : INR 44,26,000.00 (Rupees Forty-four Lakh

BMCR Twenty-six Thousand only) for every 1 TPH
shortfall in Steam Generator Capacity.
2 Steam Generator Efficiency at 100% : INR 6,91,20,000.00 (Rupees Six Crore Ninety-
TMCR one Lakh Twenty Thousand only) for every
0.1% shortfall in efficiency.
3 Steam Turbine Heat Rate at 100% : INR 3,24,70,000.00 (Rupees Three Crore
TMCR Twenty-four Lakh Seventy Thousand only) per
Kcal/ kWhr increase in heat rate.
4 Steam Turbine Generator Power Output : INR 55,000.00 (Rupees Ninety Thousand
at 100% TMCR only) per every kW by which the output,
determined by the test, falls short of the
guaranteed figure.
5 Auxiliary Power Consumption in under : INR 2,20,942.00 (Rupees Two Lakh Twenty
rated conditions. Thousand Nine Hundred Forty-two only) for
every kW increase in the power consumption
from the guaranteed value.
6 For every 1% shortfall in Plant : INR 10,00,000.00/MW (Rupees Ten Lakh only
availability (90%) During Warranty per MW) for every 1% shortfall in availability.
Period

SCHEDULES
CONTENTS
SCHEDULE - 1 : BREAKUP OF CONTRACT PRICE
SCHEDULE - 2 : BREAKUP OF MANDATORY SPARES
SCHEDULE - 3 : PRICE FOR SPECIAL TOOLS & TACKLES
SCHEDULE - 4 : INDICATIVE LIST OF RECOMMENDED SPARES
SCHEDULE - 5 : DEVIATION SCHEDULE TO GENERAL CONDITIONS OF

CONTRACT / TECHNICAL SPECIFICATION
SCHEDULE - 6 : SCHEDULE OF SUB-VENDORS / SUB-CONTRACTORS LIST
SCHEDULE - 7 QUALITY ASSURANCE PLAN
SCHEDULE - 8 DETAILS OF SIMILAR WORKS DONE DURING LAST FIVE

YEARS
SCHEDULE - 9 CONCURRENT COMMITMENTS OF THE BIDDER
SCHEDULE - 10 UTILITY CONSUMPTION LIST
SCHEDULE - 11 LUBRICATION LIST
SCHEDULE - 12 OVERALL TIME SCHEDULE
SCHEDULE - 13 REQUIREMENTS OF THE CONTRACTOR AT SITE
SCHEDULE - 14 CONTRACTORS RESOURCE DEPLOYMENT SCHEDULE
SCHEDULE - 15 SCHEDULE OF WEIGHTS AND DIMENSIONS
SCHEDULE - 16 SCHEDULE OF PLACES OF THE TEST AND INSPECTION
SCHEDULE - 17 BREAKUP OF CONTRACT PRICE

ABHIJEET Projects Limited 2 x 660 MW (Phase - I) Super Thermal Power Project
SCHEDULE 1
BREAKUP OF THE CONTRACT PRICE

Amt in Rs./FC
Sl No. Name of Item Qty Rate Basic Currency Basic Total Name Tax Taxes Total Remarks
Amt Rate Amt in Basic (INR of Tax Rate & Basic (if any)
INR Foreign + Foreign Indian duties and
Currency Currency) Tax Taxes &
duties
1 2 3 4 5 6 7 8 (5+7) 9 10 11 12 (8+11) 13
A 2x660MW BTG Main Package
1 Supply Items
a) Steam Generator and its
auxiliaries
b) Steam Turbine-generator and its
auxiliaries
c) Other than BTG, Breakup to be
furnished
2 Erection and Services
3 Freight & Insurance (all insurance
includes Project Insurance as per
specifications given for Insurance
clause vide Part- C of Section- 1
of Bid documents)
4 Erection, Testing &
Commissioning and putting into
successful Commercial Operation
Services
5 Type Testing / Other Charges
(Please specify)
Total of Main BTG Package
6 Less: Value of Deemed Export
Benefit (specify the value of
imported items and applicable
deemed export benefit at Sl. No.
in which the same is allowed)
Net Total Value of BTG
Package (A)
SCHEDULES 2x660MW (Phase-I) Super Thermal Power Project Page 1 of 22

Sl No. Name of Item Qty Rate Basic Currency Basic Total Name Tax Taxes Total Remarks
Amt Rate Amt in Basic (INR of Tax Rate & Basic (if any)
INR Foreign + Foreign Indian duties and
Currency Currency) Tax Taxes &
duties
1 2 3 4 5 6 7 8 (5+7) 9 10 11 12 (8+11) 13
1
B Spares & Tools & Tackles
1 Spares
a) Mandatory Spares
b) Recommended Spares
2 Tools & Tackles
a) Tools & Tackles
Total of Spares and Tools &
Tackles (B)
3 Less: Value of Deemed Export
Benefit (specify the value of
imported items and applicable
deemed export benefit at Sl. No.
in which the same is allowed)
Net Total Value of Spares and
Tools & Tackles (B)
Total Price (A + B)
Note: The bidder shall aware of applicable Direct Taxes; Indirect Taxes applicable deductions under Direct and Indirect Taxes as the case may be.
The price quoted shall be inclusive of all costs, charges and expenses, foreign currency exchange fluctuation and shall be firm price till completion of the
Contract.
SIGNATURE OF BIDDER __________________
NAME __________________
DESIGNATION
__________________
COMPANY DATE __________________


SCHEDULE 2
BREAKUP OF MANDATORY SPARES
In line with the Technical Specifications (Section-II) of the Bidding Documents, we furnish the
following indicative list of mandatory spares and unit assemblies.
Description of
Sl.No. Components Unit Qty Unit Price Total Price
(Off-shore (On-shore (Off-shore (On-shore
Supplies) Supplies) Supplies) Supplies)
CIF Ex-Works CIF Ex-Works
(in accordance with the list attached in the Technical Specifications)
SIGNATURE __________________
OF BIDDER
NAME __________________
DESIGNATION __________________
COMPANY DATE __________________
SCHEDULES 2x660MW (Phase-I) Super Thermal Power Project

SCHEDULE 3
PRICE FOR SPECIAL TOOLS AND TACKLES
We furnish the prices for the list of special tools and tackles in Part- A and as Part- B a list of special
tools and tackles (and their respective prices) which are necessary for the operation and
maintenance of the Stream not limited to the super-critical steam generator, steam turbine,
generator for the steam turbine and balance of plant.
Description of
CIF Ex-Works CIF Ex-Works
(in accordance with the list attached in the Technical Specifications)
SIGNATURE __________________
OF BIDDER
NAME __________________
DESIGNATION __________________
COMPANY DATE __________________

SCHEDULE 4
INDICATIVE LIST OF RECOMMENDED SPARES
In line with the Technical Specifications (Section- II) of the Bidding Documents, we furnish the
following indicative list of recommended spares.
Description of
FOB Ex-Works FOB Ex-Works
SIGNATURE __________________
OF BIDDER
NAME __________________
DESIGNATION __________________
COMPANY DATE __________________

SCHEDULE 5
DEVIATION SCHEDULE TO GENERAL CONDITIONS OF CONTRACT /

TECHNICAL SPECIFICATION
All deviations from the Technical Specifications shall be filled in by the Bidder clause by clause in this
schedule.
SL VOLUME/ CLAUSE DESCRIPTION DEVIATION REASON

NO SECTION NO. FOR
DEVIATION
The Bidder hereby certifies that the above mentioned are the only deviations from the Owners
Technical Specifications for this enquiry. The Bidder further confirms that in the event any other data
and information presented in the Bidder*s proposal and accompanying documents including
drawings, catalogues, etc., are at variance with the specific requirements laid out in the Owners
Technical Specifications, then the latter shall govern and shall be binding on the Bidder for the quoted
price.
SIGNATURE __________________
OF BIDDER
NAME __________________
DESIGNATION __________________
COMPANY DATE __________________

SCHEDULE 6
SCHEDULE OF SUB-VENDORS / SUB-CONTRACTORS LIST
Sl. No. Equipment/Item Sub Vendor/Sub Contractor Place Experience Details
SIGNATURE __________________
OF BIDDER
NAME __________________
DESIGNATION __________________
COMPANY DATE __________________

SCHEDULE 7
QUALITY ASSURANCE PLAN
SL. COMPONENT CHARACTERISTIC CLASSIFI- TYPE OF QUANTUM REFERENCE ACCEPTANCE FORMAT INSPECTION BY REMARKS
NO. CHECKED CTION CHECK OF CHECK DOCUMENTS NORM OF
RECORD
P W V
1 2 3 4 5 6 7 8 9 10 11
LEGENDS : P- PERFORMANCE, W-WITNESS, V-VERIFY, 1-CONSULTANT, 2-VENDOR, 3-CLIENT

SCHEDULE 8
DETAILS OF SIMILAR WORKS DONE DURING PAST FIVE YEARS
Sl. Full postal address of client & Description of the work Value of contract Completion time as Date of commencement of Actual Month & year of
No. name of officer-in-charge with (shall indicate stated work completion time completion
Telex/Tel. No. parameters) (Month)
1 2 3 4 5 6 7 8
Certified that documentary proof for above information is enclosed
SIGNATURE OF BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 9
CONCURRENT COMMITMENTS OF THE BIDDER
Sl. Full postal address of client & name of Description of the Value of Date of Schedule completion % of completion as on Expected date of completion
No. officer-in-charge work contract commencement period date
of work
1 2 3 4 5 6 7 8
Certified that documentary proof for above information is enclosed
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 10
UTILITY CONSUMPTION LIST
ITEM NO. NAME OF EQPT.

Sl. System / Quantity Quantity per Electricity INST. AIR Plant Air Circulating Cooling Demi Water Aux. Steam
3 3 3
No. Equipment Operation Mode (kW) (Nm /hr) (Nm /hr) Water (m /HR) (kg / hr)
(M3/HR)
2 2 2 2 2
kg/cm (g) kg/cm (g) kg/cm (g) kg/cm (g) kg/cm (g)
C I C I C I(*T) I I(*T) C I C I C I
C Continuous
I Intermittent
T Operating Hours per 24 Hours
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 11
LUBRICANTS LIST
ITEM NO. EQUIPMENT
Sl. GRADE MAKER*S BRAND INTIAL CHARGE REPLACEMENT CHARGE MAKE-UP LOCATION TO BE USED
No. CALTEX MOBILE ESSO SHELL (L/SET) QUANTITY INTERVAL QUANTITY INTERVAL
(L/SET)
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 12
OVERALL TIME SCHEDULE

(Bidder to fill-in and submit with his Bid)
Sl.No. Work Description Data
1.0 Design and Engineering
a) Civil
b) Structural
c) Mechanical
d) Electrical
e) Refractory
f) C&I
2.0 Manufacture
a) Technological Structure
b) Mechanical
c) Electrical
d) Refractory
e) C&I
3.1 Delivery at Site (FOB portion)
a) Foundation bolts and inserts
b) Mechanical equipment
c) Electrical equipment
d) Control and Instrumentation equipment
e) Technological Structure
f) Refractories
3.2 Delivery at Site (Ex-works portion)
a) Foundation bolts and inserts
b) Mechanical equipment
c) Electrical equipment
d) Control and Instrumentation equipment

Sl.No. Work Description Data
e) Technological Structure
f) Refractory
4.0 Dismantling work
5.0 Civil work at site
6.0 Refractory work
7.0 Structural fabrication
8.0 Structural erection
9.0 Equipment erection
10.0 Start-up, trial run and commissioning
10.1 Mechanical Completion
10.2 Preliminary operation
10.3 Initial operation
10.4 Trial operation
11.0 Performance guarantee tests
SIGNATURE OF
BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 13
REQUIREMENTS OF THE CONTRACTOR AT SITE

(Bidder to fill and return with his Bid)
The Bidder shall state his requirements against each of the following including the basis of requirements :
A. Requirements
1.0 Land for Site fabrication work, Stores, Site office,
etc.
Area Requirement
1.1 For site fabrication Sq. m
1.2 For stores Sq. m

1.3 For site office Sq. m
1.4 For others Sq. m
2.0 Construction Power (in kVA) Months

0-6 6-12 12-18 18-26
Power Requirement
3.0 Construction Water (in cu. m/day) Months

0-6 6-12 12-18 18-26
Water Requirement
1. Land
2. Construction Power
3. Construction Water
SIGNATURE OF
BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 14
CONTRACTOR*S RESOURCE DEPLOYMENT SCHEDULE
A) Construction Equipment
The bidder shall indicate the schedule of construction equipment he proposes to deploy
at the site for executing the works as per the proforma below.
Months
Erection
1.0
Equipments 1 2 3 4 5 26
1.1 Mobile Crane

1.2 Welding Machine
Pulling and Lifting
1.3
Machine
Hand Operated
1.4
Winches
1.5 Road Rollers
Hydraulic
1.6
Excavator
1.7 Tippers/ Dumpers
Diesel Generator
1.8
Welding Machine
1.9 Water Tankers
Pipe Bending
1.10
Machine
1.11 Gas Welding Set
1.12 DG Set
Concrete Mixer
1.13
Unit
1.14 Portable Jib Crane
Others as
applicable for the
1.15
work (bidder shall
indicate).
B) RESOURCE DEPLOYMENT SCHEDULE
The bidder shall indicate the schedule of manpower resources he proposes to

deploy at the site for executing the works as per the proforma below.
Months
Sl. No Type of Resources
1 2 3 4 26
2.0 Human Resources

Months
1 2 3 4 26
2.1 Engineering Category
2.1.1 Project Engg.

2.1.2 Mech. Engg.
2.1.3 Elect Engg.
2.1.4 Civil Engg. ** ** ** **
2.1.5 Inst. Engg.
2.1.6 Comm. Engg. **
2.1.7 Structural Engg.
Others as applicable for
2.1.8 the work (bidder shall
indicate).
2.2 Supervisory Category
2.2.1 Constn. Manager ** ** ** ** ** ** ** ** **

2.2.2 Elect. Supervisor
2.2.3 Mech. Supervisor
2.2.4 Inst. Supervisor
2.2.5 Civil Supervisor
2.2.6 Purchase Officer
2.2.7 Finance/ Site Office
2.2.8 Inspection/QC
2.2.9 the work (Bidder shall
indicate).
2.3 Labour Category
2.3.1 Welder
2.3.2 Fitter
2.3.3 Rigger
2.3.4 Un-Skilled labour
2.3.5 the work (bidder shall
indicate).
Foreign
2.4 supervisory
personnel for
Supervision of
2.4.1
Erection
2.4.2 Commissioning

Months
1 2 3 4 26
Performance
2.4.3
Testing
From Provisional
Takeover upto
completion of
2.4.4
Warranty period
Refer Note 5
below.
NOTE:
1. The above charts are only indicative (sample) and bidder shall indicate their list of human
resources and the list of erection equipments as applicable to the project and their
mobilisation period shall also be indicated in the charts.
2. (**) Sample for resource deployment duration is indicated in this table.
3. Organization and Manpower Deployment
The Bidder shall also submit:

a) Number of engineers with details, he proposes to deploy at his head office for design
and engineering and for equipment procurement and follow up including bio data of
his personnel.
b) Site organization chart with details and Bio-data of the site in charge and other key
personnel.
c) Details of safety organization he proposes to deploy at site.
4. Bidder shall indicate the details of initial mobilization at site, which will be mutually
discussed and finalized with the successful bidder before award of the Contract. It is the
responsibility of the successful bidder to mobilize all additional resources, if the progress
is slow or to make up the delay already occurred in order to match the completion
schedule.
5. BIDDER shall add suitable number of rows in this schedule to indicate number of personnel
to indicate the details
SIGNATURE OF
BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 15
SCHEDULE OF WEIGHTS AND DIMENSIONS
The BIDDER shall state hereunder the weights and dimensions of various packages for shipment
comprising the complete scope.
Description Dimensions (In Metres) Weight (In Tonnes)

LxBxH
1 2 3
SIGNATURE OF
BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 16
SCHEDULE OF PLACES OF TEST AND INSPECTION
The Bidder shall indicate the item of Equipment to be supplied, name of the Manufacturer or Sub-
Contractor and place of test and inspection as shown below:
Item of Equipment Manufacturer/Sub- Place of test and Inspection

Contractor
1 2 3
SIGNATURE OF
BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

SCHEDULE 17
CHECK LIST
Sl.No. Item / Description Reference Declaration, If no, reasons

strike out for not
whichever is enclosing
not applicable.
1 Breakup of Contract Price Schedule 1 Yes/No
2 Breakup of Mandatory Spares Schedule 2 Yes/No
3 Price for Special Tools & Tackles Schedule 3 Yes/No
4 Indicative List of Recommended Schedule 4 Yes/No
Spares
5 Deviation Schedule to General Schedule 5 Yes/No
Conditions of Contract / Technical
Specification
6 Schedule of sub-Vendors / sub- Schedule 6 Yes/No
Contractors List
7 Quality Assurance Plan Schedule 7 Yes/No
8 Details of Similar Works Done Schedule 8 Yes/No
During Last Five Years
9 Concurrent Commitments of the Schedule 9 Yes/No
Bidder
10 Utility Consumption List Schedule 10 Yes/No
11 Lubrication List Schedule 11 Yes/No
12 Overall Time schedule Schedule 12 Yes/No
13 Requirements of the Contractor at Schedule 13 Yes/No
Site
14 Contractors Resource Schedule 14 Yes/No
Deployment Schedule
15 Schedule of Weights and Schedule 15 Yes/No
Dimensions
16 Schedule of Places of the Test and Schedule 16 Yes/No
Inspection
SIGNATURE OF
BIDDER ....................................
NAME ....................................
DESIGNATION ....................................
COMPANY DATE ....................................

2x660MW Power Plant Tender for Main Equipment

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ABHIJEET PROJECTS LIMITED

2 x 660MW (Phase-I) Super Thermal Power Project

TENDER ENQUIRY DOCUMENT

ABHIJEET Projects Limited,

PART A : INSTRUCTIONS TO BIDDERS (ITB)

PART B : GENERAL CONDITIONS OF CONTRACT (GCC)

PART C : SPECIAL CONDITIONS OF CONTRACT (SCC)

INSTRUCTIONS TO BIDDERS (ITB)

INSTRUCTIONS TO BIDDERS (ITB)

Sl. No. DESCRIPTION PAGE NO.

4.0 SCOPE OF WORK 2

5.0 COST OF BIDDING 2

6.0 CONTENT OF BIDDING DOCUMENT 2

7.0 CLARIFICATION OF BIDDING DOCUMENT 2

8.0 ADDRESS FOR COMMUNICATION 3

9.0 BIDDER TO INFORM HIMSELF FULLY 3

11.0 AMENDMENT OF BIDDING DOCUMENTS 4

13.0 PREPARATION OF BID 4

14.0 SUBMISSION OF BIDS 8

15.0 DEADLINE FOR SUBMISSION OF BIDS 10

17.0 VALIDITY OF BID 10

18.0 MODIFICATION AND WITHDRAWAL OF BIDS 10

19.0 BID PRICE 10

20.0 BID CURRENCIES 11

22.0 SPARE PARTS 11

23.0 CONTRACT QUALITY ASSURANCE 12

24.0 MAINTENANCE TOOLS AND TACKLES 12

26.0 CLARIFICATION OF BIDS 12

27.0 PRELIMINARY EXAMINATION OF BIDS 12

28.0 TECHNICAL EVALUATION 13

29.0 COMMERCIAL EVALUATION 13

30.0 AWARD OF CONTRACT 14

INSTRUCTIONS TO BIDDERS (ITB)

Power Generation Ferro Alloys

Part- A 2x660MW (Phase-I) Super Thermal Power Project Page 1 of 15

4.0 SCOPE OF WORK

4.1 Project Completion Schedule

Scheduled Dates of completion from the

Second (2nd) Unit of the Stream Forty-two (42) Months

5.0 COST OF BIDDING

6.0 CONTENT OF BIDDING DOCUMENT

6.1 The Bidding Document comprises two Sections designated as:

SECTION- I : Condition of Contract

Part A : Instruction to Bidder (ITB)

Part B : General Conditions of Contract for Supply, Supervision,

Part C : Special Conditions of Contract

SECTION- II : Technical Specification

7.0 CLARIFICATION OF BIDDING DOCUMENT

Part- A 2x660MW (Phase-I) Super Thermal Power Project Page 2 of 15

8.0 ADDRESS FOR COMMUNICATION

Mr. Arun Gupta

Tel. No.: 0091 651 233 1113-16

9.0 BIDDER TO INFORM HIMSELF FULLY

9.1 Local Conditions

9.2 Site Condition

Part- A 2x660MW (Phase-I) Super Thermal Power Project Page 3 of 15

11.0 AMENDMENT OF BIDDING DOCUMENTS

12.0 LEFT BLANK INTENTIONALLY

13.0 PREPARATION OF BID

13.1 Language of Bids

13.2 Documents comprising the bids

Part- A 2x660MW (Phase-I) Super Thermal Power Project Page 4 of 15