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Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

CHIEF ENGINEER (TRANSMISSION WEST), UPPTCL, MEERUT

SPECIFICATION NO. T-17/2017-18

FOR

SUPPLY OF

36 KV 400-200/1-1A CURRENT TRANSFORMER (CT) OF 0.2


ACCURACY CLASS

UTTAR PRADESH POWER TRANSMISSION CORPORATION


LIMITED
“PARESHAN BHAWAN”
130-D VICTORIA PARK,
MEERUT.
Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

INDEX

1. Tender notice

2. Special Instructions

3. Instruction to Tenderers & General Requirements of Specification

4. Schedules “A to P”

5. The Schedule of Quantities & Prices (Q)

6. The Schedule of Technical & Guaranteed Particulars (R)

7. Technical Specifications

8. General condition of contract Form-B


Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

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i=kad 1263@eq0v0¼ik0i0½esjB@T- 12 to 25/2017-18 fnukad %& 28-03-2017


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To Be Confirmed With Tender Documents

The Chief Engineer (Transmission West)


U.P.Power Transmission Corporation Ltd.,
‘’Pareshan Bhawan” 130-D,Victoria Park,
Meerut.

We confirm as under:

1. The Clause - 27 (Price Reduction) of Form 'B' is acceptable without any


change.
2. The Clause - 21 of Form 'B' (Payment Terms) is acceptable without any
change.
3. The temperature rise over an ambient temperature of 50 oC for CTs shall not
exceed than 45 oC.
4. 10% Performance Bank Guarantee shall be valid for maintenance period as per
Clause - 30 of Form ‘B’.
5. Arbitration Clause - 31 of Form 'B' is acceptable without any change.
6. Delivery of material will be as per specification.
7. All other terms and conditions of "Instructions to Tenderers", “General
Requirements of Specification” and “Form B” etc. shall be acceptable.

SIGNATURE OF TENDERER
With Seal

NOTE: - Please furnish the above required confirmations without which your offer
is liable to be passed over.
Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

INDEX

I – INSTRUCTION TO TENDERERS

Clause No. Description

1.1 Preparation of Tender


1.2 Prequalifying Condition
1.3 Submission of Tender
1.4 Validity
1.5 Price & Price Structure
1.6 Evaluation of Tender
1.7 Splitting of order
1.8 Award of Contract
1.9 Income Tax and Sale Tax Clearance Certificate
1.10 Deviation
1.11 Canvassing
1.12 Court of Competent Jurisdiction
1.13 Arbitration Clause 31 of Form B

II - “GENERAL REQUIREMENT OF SPECIFICATION”

Clause No. Description

2.1 Scope
2.2 Standards
2.3 Project Data
2.4 System Particulars
2.5 Erection Supervision
2.6 Drawings and manuals
2.7 Raw material
2.8 Testing and inspection
2.9 Spare Parts
2.10 Production Schedule & Progress Report
2.11 Packing & Dispatch of Equipment
2.12 Rejection
2.13 Mode of Dispatch
2.14 Insurance
2.15 Terms of Payment
2.16 Foreign Exchange
2.17 Delivery
2.18 Deviations from Specification
2.19 Performance Guarantee
2.20 Quantity
2.21 Training of Engineers
2.22 Penal Charges
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SCHEDULES

Schedule A : Tender Form


Schedule B : Prequalification details of the offer
Schedule C : Declaration
Schedule D : Performa for joint undertaking by the collaborator/
associate and the tenderer
Schedule E : Schedule of general particulars
Schedule F : List of drawings and literature enclosed with
the tender
Schedule G : Deviations from technical specification and its
Price incidence
Schedule H : Deviations from “Instruction To Tenders” and
Its price incidence
Schedule I : Deviations from “General requirements
of Specification” and Its price incidence
Schedule J : Deviations from “General Condition of Contract
Form A/B” and its price incidence
Schedule K : List of recommended spare parts and their prices
Schedule L : List of recommended special tools & tackles
and its prices.
Schedule M : List of recommended test sets & testing
Instruments and their prices
Schedule N : Rates of supervision charges of erection &
Commissioning engineer
Schedule P : Schedule of quoted guaranteed delivery
Schedule Q : Schedule of quantities & Prices
Schedule R : Schedule of Technical Particulars
Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

[I-1]

1. INSTRUCTIONS OF TENDERERS
Tenderers are requested to go through the tender inviting notice & instructions carefully and
furnish complete information along with their tender bid offer, failing which their tender may not
be considered. Tenderers are requested to visit wave site www.upptcl.org &
etender.up.nic.in for other details & corrigendum if any, may also be noticed till date of
opening of tender. In case of ambiguity, the Tenderer may contact in the office. Tenders shall
be received upto 12:00 Hrs. on date of opening in two parts each shall be in separate sealed
cover.

1.1 PREPARATION OF TENDER :


1.1.1 Before Submission, of the Tender, the Tenderers are required to make them selves
fully conversant with the technical specifications, Drawings, Special Instructions to
Tenderer, Instruction to Tenderer, General Requirement of specification including
schedules and General Condition of Contract of Form A/B as may be applicable so that
no ambiguity arises at a later date in this respect.
1.1.2 Any inconsistency or ambiguity in the offers made by the tenderer shall be interpreted
to the maximum advantage of UPPTCL and disadvantage to the tenderer. The
tenderer shall have no right to question the interpretation of the Purchaser in all such
cases and the same shall be binding on the tenderer.
1.1.3 The tender should be prepared and submitted strictly in accordance with the instruction
contained in these specifications. The tender shall be complete in all respects. Tender
must be submitted in the manner specified on the attached prescribed schedules and /
or copies thereof. To complete the proposal, the tenderer must fill the tender form,
declaration, all schedules and data sheets, annexed with the specification item by item
in accordance with the instructions and notes supplementary thereto. The
interpolations, insertion, cutting and corrections made in the tender offers should be
duly initialed by the tenderer.
1.1.4 Each Tenderer shall supply the data required sheets annexed with the specifications
by typing appropriate places against each item to facilitate preparation of comparative
statements. These sheets must be properly signed by authorized representative of the
tenderer/manufacturer testifying the data submitted. All schedules must be duly filled
in and shall be enclosed with each copy of the tender. In case the Tenderer does not
supply any of the required information at the time of tender, necessary loading may be
made while evaluating the prices of his offer without giving him any further opportunity
to supply or clarify the same. The Tenderers are notified that in case the required
information are not furnished in the specified proforma / schedules attached with the
specification, the Purchaser shall not be responsible for any error in the evaluation of
their tenders on this account, Further the failure to comply with this requirement may
result in the rejection of the tender at the discretion of the purchaser.
1.1.5 A set of technical, descriptive and illustrative literature along with drawing must
accompany each copy of the tender so that a clear understanding of the equipment
offered is obtained. The tender sent by post must be posted by registered Post A/D
sufficiently in advance so as to reach the Purchaser by the scheduled date and time of
submission of tender. Any tender received after the date and time of submission even
on account of postal delay shall not be opened. The tenderers are, therefore,
requested to ensure in their own interest that the tenders are delivered in time.
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[I-2]

Telegraphic Tenders shall not be considered under any Circumstances.

1.2 PREQUALIFYING CONDITIONS :

Tenders meeting the following conditions only will be considered.

1.2.1 QUALIFICATION OF TENDERER :


a) The tenderers shall either themselves be manufacturers of the equipments
offered or accredited representatives of such manufacturers in India or of their
Principals abroad with whom they may be having collaboration. Such
accreditation should be at least of one year on date of tendering.
b) Relevant documents in support of the above must be furnished along with
undertaking of the manufacturer, if these document are not furnished along with
the tenders, the offer will be liable to be rejected summarily.

1.2.2 (A) OPERATIONAL EXPERIENCE:

Offered equipment should have given three years proven trouble free operational
service in tropical climate. However, in case of equipment being manufactured in India
under valid FOREIGN COLLABORATION, operating experience in tropical climate of
offered collaborator’s equipment, shall also be acceptable provided copy of valid
collaboration agreement for the equipment offered, is submitted with the tender.
Further in case of offer of imported equipment, the three years operating experience
will be considered in respect of those areas only which are similar to the tropical
conditions prevailing in India.

(B) MANUFACTURING EXPERIENCE :

The indigenous manufacturers or their foreign collaborator must have manufactured at


least 20% of the specified quantities of each item of identical or similar equipment.

1.2.3 TESTING FACILITIES :

The tenderer must have all necessary facilities at their works for carrying out such
routine and acceptance tests as prescribed in the relevant ISS and any other routine
and acceptance test as specified in the specification. Documentary evidence of
existence of such facilities will be filled along with the tender.

1.2.4 (A) TYPE TEST FOR INDIGENOUS BIDS OR FULLY IMPORTED BIDS:

The offered equipment must have been fully type tested as per relevant ISS and / or
any other specified international standards, during the last 5 years period to be
reckoned from the date of opening of tender, Photo copy of such type test reports/
certificates must be submitted along with the tender bid. The type test certificates of
proto type manufactured and tested by foreign collaborators of the tenderers at their
works shall not be acceptable for indigenously manufactured equipment.
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[I-3]
(B) FOR BIDS UNDER 1.2.2 (A)

i) The offered indigenously manufactured or collaborator’s manufactured


equipment should have been type tested and report submitted with the tender.
ii) The collaborator’s equipment shall have three years operating experience
under tropical climate.

1.2.5 For those indigenous manufacturers who have neither manufactured 20% quantity
indigenously nor got their equipment type tested but are qualifying because of their
foreign collaborator’s manufacturing experience and type testing, the maintenance
period shall be 54 months from the date of receipt of material at site or 48 months from
the date of commissioning, which ever is earlier, instead of 18 months & 12 months
respectively as provided under clause 30 of Form B.

1.2.6 The purchaser at his discretion may consider to award a trial order for small quantity to
those bidders who have proven design & meet the requirements of Clause 1.2.1, 1.2.3
& 1.2.4 (A) Such suppliers shall continue to be eligible for trial order under this clause
till their equipment has given three years trouble free operational service except for
new transformer oil for which one year trouble free operational service against trial
order will suffice for regular orders.

1.2.7 DATE OF CONSIDERATION :

The above cited experience and manufactured quantities shall be counted as on the
date of opening of the tender.

All statements and claims should be duly supported by authenticated copies of


documents without which the tender is liable to be rejected summarily.

1.3 SUBMISSION OF TENDER :

1.3.1 The tenderer shall submit his tender in two separate parts. Each part shall be kept in
double cover, inner one being sealed.

I) TENDER BID PART-I


This part shall contain the earnest money, technical and commercial particulars pre-
qualifying details of tender, quantity and delivery offered. The cover containing this part
of the bid shall be super scribed “Tender BID part-I (Earnest money, Technical,
Commercial and pre-qualifying details, and requirement as required in point 2 of
“Special instructions to Tenderers” etc.)”.

II) TENDER BID PART -II


This part shall contain prices only and the cover containing this part shall be super-
scribed “Tender Bid part-II (PRICES).

The envelopes of both the parts shall be kept in another envelope which shall also be
sealed and super-scribed on top, as under:
“Tender for supply of 36 KV, 400-200/1-1A Single Phase, 2-Core CTs, 0.2 accuracy
class against E-Tender specification No. T-17/2017-18 due for opening on date
03.05.2017 at 13.00 hrs.”
Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

10

[I-4]

1.3.2 TENDER BID PART–I (EARNEST MONEY, TECHNICAL, COMMERCIAL


AND PREQUALIFYING DETAILS ETC.)

1.3.2.1 Tenderers required to deposit earnest money as specified Rs. 33,000.00 for full
tendererd quantity. In case, any tenderer wishes to quote for lesser quantity, the
amount of earnest money may be reduced proportionately.

In case, any tenderer deposits earnest money of a lesser amount, his offer shall be
considered for the proportionate quantity only unless specified otherwise in the special
instructions, earnest money shall be accepted in any of the following forms only.

(a) Bank Draft drawn in favour of the officer specified in tender notice.
OR
(b) Bank Guarantee from a scheduled Bank In India, executed on a non-judicial stamp
paper worth Rs. 100/- as per U.P Stamp Act, on the specified proforma appended with
form ‘B” ( only applicable when amount of earnest money exceeds Rs. 5,000/-)

Any deviation from or addition to the text of the specified proforma of bank Guarantee
shall render the bank guarantee invalid for the purpose of opening of tender bid part–II.

1.3.2.2 Offers without earnest money shall not be considered under any circumstances.

1.3.2.3 Besides the Earnest money, other relevant informations and the following documents,
duly filled in must also accompany the tender bid part-I.
TENDER COST AMOUNTING TO RS. 3435/- IN FAVOUR OF EXECUTIVE
ENGINEER, ELECTRICITY TRANSMISSION DIVISION, UPPTCL, MEERUT.
1. Schedule A: Tender Form
2. Schedule B: Document regarding Pre-qualifying details of the tenderer.
3. Schedule C: Declaration
4. Schedule D: Proforma for joint undertaking by the collaborator/
Associates with tenderer
5. Schedule E: General particulars
6. Schedule F: List of drawings and literature enclosed with the tender
7. Schedule G: Schedule of Deviations from “Technical specification”.
8. Schedule H: Schedule of Deviations from “Instructions to Tenderers”.
9. Schedule I: Schedule of deviations from “General requirements of
Specification”.
10. Schedule J: Schedule of deviations from “General Condition of
Contract Form A/B”.
11. Schedule K: List of recommended spare parts for five years.
12 Schedule L: List of recommended special tools & tackles.
13. Schedule M: List of recommended test sets & testing Instruments.
14. Schedule N: Terms & conditions of supervision of erection &
Commissioning.
15. Schedule P: Schedule of quoted guaranteed delivery.
16. Schedule Q: Schedule of offered quantity.
17. Schedule R: Guaranteed Technical Particulars
18. Complete technical details, specification and literature of the equipment
offered.
19. Income Tax Clearance.
Location :: Meerut; Uploading Date And Time ::Saturday, April 1, 2017-14:29:14

11

[I-5]

1.3.3 TENDER BID PART –II (PRICES)

Only the prices and the following documents duly filled in must accompany tender bid
part-II.

1. Schedule G: The Price incidence of schedule of deviations from “Technical


specifications”.
2. Schedule H: The Price incidence of Schedule of Deviations from “Instruction
to Tenderers”.
3. Schedule I: The Price incidence of Schedule of deviations from “General
requirements of Specification”.
4. Schedule J: The Price incidence of Schedule of deviations from “General
Condition of Contract Form A/B”.
5. Schedule K: The prices of recommended spare parts for five years.
6 Schedule L: The prices of recommended special tools & tackles.
7. Schedule M: The prices of recommended test sets & testing Instruments.
8. Schedule N: Rates of supervision of Erection and commissioning.
9. Schedule Q: Schedule of quantity and Prices.

1.3.4. On the date of tender opening at appointed time, part –I of the tender shall be opened
publicly in the presence of authorized representatives of the tenderers. The date and
time of opening of tender part-II shall be intimated separately, later on.

1.3.5 Any action on the part of the tenderers to revise the prices and / or change the
structure of price (s) at his own instance after the opening of the tender may result in
rejection of the tender and/or debarring the tenderer for participation in purchase by the
Corporation for one year in first instance.

1.4 VALIDITY
The tenders shall be valid for 90 days from the date of opening of the tender or any
extended date of opening. Tender with lesser validity are liable to be rejected.

1.5 PRICE & PRICE STRUCTURE:

1.5.1 The equipment shall be installed at different places in U.P. hence the tenderer must
quote F.O.R Destination prices of all the items (along with F.O.R. works prices) for
dispatch to any Railway Station in U.P. The unit F.O.R destination price shall comprise
of the following components.

(a) Ex – work price b) Packing and forwarding charges.

(c) Freight (d) Transit insurance charges against all risks


.
(e) Insurance charges for 45 days storage after receipt of equipment at
destination store / sub-station against all risks.

The Tenderers must clearly specify these components individually besides the F.O.R.
destination prices.
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1.5.2 TAXES & DUTIES :

The prices quoted should be exclusive of all taxes, duties, octroi charges etc, which will
be paid at actuals on production of relevant original vouchers. However the tenderers
must indicate the rates of various taxes/ duties leviable, as on the date of tender
opening, on various price components as given in price schedule. Form C will be
obtained by the contractor from the concerned consignees. In no case form C will be
demanded through bank.

1.5.3 PRICE VARIATION :

The tenderers are required to quote the firm price only.

1.5.3.2.The component of packing and forwarding, freight and insurance charges shall remain
FIRM in all respects throughout the currency of the contract.
1.5.3.3 Tenderer shall quote FIRM prices only, for the spare parts, type tests, service charges
for erection and commissioning of the equipment.
1.5.3.4 No price variation shall be claimed against documents to be negotiated through bank.
1.5.3.5 Bank charges, if any, for documents to be negotiated through bank, shall be borne by
the tenderer.
1.5.3.6 In the event of dispatch of equipment beyond contractual delivery period, the claims
shall be raised only after allowing for the due price reduction as per provisions of the
order.

1.5.4 PRICE FALL BACK:


If the quantity of the equipments ordered under the specification remains unsupplied
within scheduled / contractual delivery period and up to the finalization of the new
tender and price of the equipment falls in new tender, than the tenderer will reduce the
price of the equipment to the level of new tender price and if they fail to do so, previous
unsupplied tender quantity will be cancelled without prejudice.
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1.6 EVALUATION OF TENDER :

1.6.1 In comparing tenders and making awards, the purchaser may consider such factors as,
compliance with specification, relative quality and adaptability of suppliers or services,
experiences, record of integrity in dealing, ability to furnish repairs and maintenance
service, the time of delivery, capability to perform, and available facilities such as
adequate shops, equipment plant, technical organization etc.

1.6.2 In case prices of some items are given in lump-sum, where unit prices are required,
purchaser reserve the right to evaluate unit price on the basis of the quoted lump-sump
prices.

1.6.3 In case, where a tenderer does not quote F.O.R. destination price asked for, their
quoted unit prices shall be loaded by appropriate additional factors on Ex-work prices
as below.

a) Packing charges @ 0.75 % b)


Forwarding charges @ 0.25%
c) Freight for Ist 500Kms @ 2% d)
Freight for every next 250Km.
or part thereof @ 0.5% thereof
(For this purpose distance shall be taken from supplier’s station to different Sub-station
under Transmission West Zone, Meerut and in case, the distance is less then 500 Km.
loading shall be done for a minimum distance of 500Km.)

e) Transit Insurance @ 0.5% f) Insurance for 45 days storage after


receipt of equipment at destination
station @ 0.5%

1.6.4 Since the Tenderers have been asked to quote unit variable (Ex-work) prices only
without any ceiling limit on either side, no advantage shall be given to those tenderers
who quote either “FIRM” price or “VARIABLE PRICES WITH CEILING”.

1.6.5 No payment prior to dispatch of materials shall be made by the Corporation under any
circumstances. Tenderers are advised not to ask any such advance payment. Request
for such advance payment will not be considered even if the tenderers are willing to
pay interests charges thereon. Tenderers asking for advance payment are liable to be
rejected.

1.6.6 The ruling date of basic prices of raw materials for the price variation purposes shall be
same for all the offers (as specified in Clause No. 1.5.3.1 of these instructions). In
case, it is prior to the notified date, the quoted Ex-works prices shall be brought as per
IEEMA formula. However, no loading shall be considered for dates mentioned beyond
notified date.

1.6.7 Any rebate/discount linked with quantity, terms of payments in any conditions shall not
be considered for the purpose of evaluation and comparison of such offers vis-à-vis
others. However, the same may be availed while placing order with such successful
Tenderers.
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1.6.8 If the tenderer fails to quote pries for any of the item(s) /component(s) as asked for or
confirm its supply free of cost, the highest prices as quoted by other tenderer for the
same shall be added to arrive at F.O.R. destination computed prices of such tenderer
for comparison purpose only.

1.6.9 The prices shall be compared inclusive of excise duty & VAT.

1.6.10 Loading on any account as may be deemed necessary in the opinion of the Purchaser
to bring the various offers at par to each other for comparison purposes, may be done
at the discretion of the Purchaser.

1.7 SPLITTING OF ORDER :

The purchaser reserves the right to split the order among various tenderers in any
manner chooses without assigning any reason.

1.8 AWARD OF CONTRACT :

1.8.1 The purchaser is not bound to accept the lowest tender and may reject any or all the
tenderers, without assigning any reason.

1.8.2 The successful tenderers, if required to do so, may have to enter into a contract
agreement with the purchaser as per General conditions of form A/B and other special
conditions attached with the tender specifications.

1.8.3 For signing the contract a duly authorized representative of the successful tenderer
shall be required to sign and accept the contract at Meerut at a reasonable notice.

1.8.4 Tenderers shall ensure to put initials on each and every page of the tender. Last page
of each document forming part of the tender shall bear full signature under official seal
fully disclosing the name, designation and relationship with the firm of the signatory. In
case of a partnership concern, the tender may be signed by all the partners of the firm
or by one of them holding power of attorney (copy to be furnished along with the offer).
In case of Corporation/Companies, tender may be signed either by the President or
Secretary or any other person authorized to tender in the legal name of corporation /
company (copy of such authority to be furnished along with the offer).

Besides, the tenderers shall also furnish the following information:

i) Name, designation, profession with postal address of all the partners/


directors and other person authorized to conduct business in respect of
this tender.
ii) Postal addresses of firm’s works, Regd. Head Office, Sales office &
Local office etc.
iii) Names and postal address of their authorized local Representative/
Liaison officers.
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1.9 INCOME TAX AND SALE TAX/VAT CLEARANCE CERTIFICATE :


The Tenderer shall furnish with the tender, Income Tax and Sale Tax/VAT Clearance
Certificate of current as well as of the preceding year, from the competent authority.
The Purchaser reserves the right to reject any tender, if income tax/sales tax /VAT
clearance certificate are not furnished or the reasons for the tenderers inability to
furnish such certificates, are not given in the tender.

1.10 DEVIATIONS :
The offer should be strictly in line with conditions, specification and other requirements
maintained in this tender specification document. No deviations are permitted except
under special circumstances should the tenderer wish to depart from the General
requirements or Technical Specification or General Conditions of Contract Form A/B. In
any way he must draw specific attention to such departure(s). All such deviations shall
specifically be filled up in the relevant deviation schedule. If deviations are not
specifically recorded in these schedules and submitted along with the tender
document it will be presumed that there are no deviations and this interpretation will be
binding upon the tenderer.
Purchaser is, however, not bound to accept all or any deviations as mentioned in such
schedules. Tenderers are also advised not to enclose their own standard or printed
conditions for sale etc. as the same shall not be considered.

1.11 CANVASSING :
No tenderer shall canvass any Corporation’s official of the Engineer, with respect to his
own or other’s tender. Contravention of this condition will result in rejection of the
tender. This clause shall not be deemed to prevent the tenderer from supplying to the
Engineer any further information/clarification asked for, by the Engineer.

1.12 COURT OF COMPETENT JURISDICTION ;

All disputes arising out of and touching or relating to the subject matter of agreement,
shall subject to the jurisdiction of Local Courts of Meerut and High Court of judicature
at Allahabad only.

1.13 ARBITRATON CLAUSE 31 OF FORM ‘B’

The following is deemed to be added at the end of the Para-1 in the Arbitration clause
31 of Form-B. “In the case of refusal/neglect by such nominee, chairman UPPTCL may
nominate another person in his place.”

SPECIAL NOTE:

1. No modification in price reduction clause No. 27 of contract Form-B, shall be


accepted i.e. broadly a price reduction of ½% per week subject to a maximum
of 10% shall be applicable.
2. The payments beyond schedule delivery period will be made after reduction of
the price considering the provisions of reduction clause depending on the delay.

It would be possible to consider offers only if both the above conditions are
acceptable.
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II GENERAL REQUIREMENTS OF SPECIFICATIONS

2.1 SCOPE:

2.1.1 This specification covers design, manufacture, performance, testing, inspection,


packing and delivery of the equipments with accessories and auxiliary equipment
required for various sub-stations in various sub-stations in Transmission West Zone
Region of Uttar Pradesh Power Transmission Cor Ltd the items and quantities required
in Technical Specification.

2.1.2 Equipments shall be offered complete with all parts necessary for their efficient
operation. Such parts shall be deemed to be within Contractor’s scope whether
specifically mentioned or not. Equipments in all respects shall incorporate the high test
quality of modern engineering, design and workmanship.

2.1.3 The General Conditions of Contract Form “A/B”, copies of which are attached hereto,
form an integral part of this specification. The contractor shall supply all material and
perform all works in strict accordance therewith. In the event of conflict between
General conditions of contract form ‘A/B’ and this specification, the later shall prevail.

2.1.4 The General requirement of specifications comprise of this chapter and detailed
technical specifications. These are supplementary to each other and essential for
complete interpretation of the Purchaser’s requirement.
2.2 STANDARD:

2.2.1 Except as modified by this tender specification, all material and equipment shall
conform to the requirement of the latest editions of relevant ISS/IEC.
2.2.2 However, in the event of the tenderer offering equipment conforming to standards other
than ISS/IEC standards, the salient point of comparison between the standard adopted
and relevant ISS/IEC standards shall be indicated clearly in the proposal.

2.2.3 Should the tenderer wish to depart from the provisions of the specifications, either on
accounts of manufacturing practices or for any other reason, he shall clearly mention
the departure and submit complete justification supported by information, drawings etc
as will enable to assess the suitability of equipment(s) offered.

In the event of the tenderer’s specifications, drawings, forms and tables etc. being
found to disagree with the requirement of this specification at any stage, these
specifications shall be binding, unless the departures have been duly approved in
writing by the purchaser.

2.3 PROJECT DATA:

i. Location Various sub-stations in Transmission West Zone


Region of U.P Power Transmission Corporation
Ltd.

ii. Altitude not exceeding 1000 meters.


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iii. Climate Condition

(a) Design maximum ambient Air Temperature 500 C

(b) Minimum ambient air temperature in shade 00 C

(c) Relative Humidity 100 %Max.

(d) Wind Load 195 kg / Sqm.

(e) Seismic Level 0.3 g

(f) Isoceraunic Level 50 days/year

(g) Average annual rain fall 1200 mm

(h) Hot and humid tropical Climate conducive to rust and fungus growth.

2.4 SYSTEM PARTICULARS :

(i) Rated system voltage 420 kV, 245 kV, 145 kV, 36 kV
(ii) System frequency 50 Hz, This may vary by + 5%
(iii) Number of phases Three
(iv) Neutral Effectively Earthed
(v) Auxiliary power supply:

Auxiliary electrical equipment shall be suitable for operation on the following supply
system.

(a) Power device (Like drive motors) 400V, 3Phase, 4 Wire 50 Hz


Effectively earthed AC system.

(b) Lighting fixtures, space heaters, 250V, 2 Wire, 50 Hz, AC supply


fractional Horse Power motors with one point grounded.
and control devices.

(c) DC alarm, Control and Protective 2 Wire ungrounded DC supplies


devices from sub-station batteries as under
(i) 400kV S/S -220V DC
(ii) 220/132kV S/S -110V DC
(iii) Communication -48V DC
Equipment
The above supply voltage will vary as follows:

All devices must be suitable for a continuous operation over the entire range of voltage
variations:

(i) AC Voltage Voltage may vary by + 10%. Frequency by


+ 5% and Combined Voltage and frequency
by + 10%
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(ii) DC Voltage a) 220 V will vary between 187 & 242 V


b) 110 V will vary between 93 & 121 V
c) 48 V will vary between 41 & 53 V

Each of the forgoing supplies will be made available by purchaser at one terminal point
for each equipment for operation of accessory and auxiliary equipment. If 110 Volts AC
supply is required, the Contractor shall provide his own auxiliary transformer.
Contractor’s scope shall include distribution beyond the points of supply, including
supply of interconnection cables and terminal blocks etc.

2.5 ERECTION SUPERVISION:

2.5.1 The tenderer shall quote for the services of an Erection Engineer who shall assume full
responsibility for the erection, testing and commissioning of the equipment offered.
Skilled and unskilled labour and petty tools of general use would be provided by the
purchaser.
2.52 The tenderer shall submit a list of all special tools and instruments required for the
erection, testing & commissioning and shall include the same in the tender.

2.5.3 The tenderer shall indicate perdiem, and per mensem rates for the services of the
Erection Engineer. Tenderer shall also indicate the estimated time required for the
erection, testing and commissioning of the equipment offered.

2.6 DRAWINGS AND MANUALS:

2.6.1 Along with the tender the tenderers shall submit the following drawings :

(a) General arrangement drawings of the equipment offered.


(b) Detailed dimensional drawings and descriptive literature of all the
components supplied.
(c) Basic Electrical diagram.

2.6.2 In the event of order being placed, the Contractor shall furnish three prints of each
drawing of the Engineer of the Contract, within 4 weeks of the date of order.

2.6.3 In addition, the Contractor shall submit to the Engineer within reasonable time but at
least 3 months before despatch of equipments, the complete bill of material with each
item identifiable in the detailed drawing with references. This will also form detailed
packing list of the equipments.

2.6.4 The Engineer shall return to the contractor one print of each drawing (a) stamped
“APPROVED’ OR (b) marked up with comments.

In case of (a) no further re-submission of drawing is required for Engineer’s approval,


In case of (b), the Contractor shall correct his original drawings to confirm to the
comments made by Engineer and re-submit in the same manner stated above within
two weeks after the receipt of the marked up print by him.
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2.6.5 The Contractor on receipt of prints stamped “APPROVED” shall furnish the following
drawings to the Engineer of the contract:
(a) 6 sets of prints of each drawings for each consignee and 3 sets for Engineer of
the Contract.
(b) 6 Sets of detailed bill of material for each consignee and 3 sets for Engineer of
contract.
(c) One direct reading reproducible of each drawing and bill of material.

All the prints of drawings and bills of materials and the reproducible are to be
forwarded to the Engineer of the Contract, before any dispatches are made.

2.6.6 MANUALS :

The Contractors shall furnish bound copies of erection, commissioning and operation /
maintenance manuals giving detailed instructions, procedures, precautions for all the
equipments supplied by him. The manuals shall be specific to equipments supplied and
not of general nature.
The contractor shall submit two preliminary copies of such manuals to the Engineer for
review and approval.

Thereafter, six sets of final approved manuals shall be sent to each consignee and 3
sets shall be sent to Engineer of the contract, shall be sent before dispatch of the
equipment otherwise the contractor shall reduce ex-works price by an amount of 2%
from his bill. This amount will be released only on the certificate from the Engineer of
the Contract about receipt of all drawings / reproducible manuals.

2.7 RAW MATERIAL :

The Tenderer shall themselves be responsible for timely arrangement /procurement of


all the raw materials required for the manufacture of all tendered items and shall
furnish their test certificates to the Purchaser. However, depending on the policy of the
Govt. of India, Corporation may issue essentiality certificates, for arrangement of such
raw materials through CEA,DOE,DGTD or other, who may allot the same to the
contractor, at their discretion directly from any of the producers of such raw materials
or other source, but without any financial liability to the Corporation or affecting / linking
the delivery of the equipment with the availability of raw material against such
certificates or recommendations.

2.8 TESTING AND INSPECTION:

2.8.1 TESTING:
Purchaser shall have the right to witness any type, routine and acceptance test on the
equipment offered.

Witnessing of test or their approval would not relieve the contractor of his responsibility
to supply the equipment as per the specification.
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2.8.2 QUALTIY ASSURANCE PROGRAMME :

The contractor shall adhere to strict quality assurance over all the manufacturing,
testing processing and other activities, whether at his works, or his sub-contractor’s
work, including the suppliers of the raw materials, etc. Detailed Quality Assurance
Programme (QAP) will be submitted with the tender, giving step by step checks and
counter check, tests, sampling procedures etc, to ensure quality of the equipment to
meet the requirements. This shall also include the test details for type, routine and
acceptance test required, Such Q.A.P. shall be approved by the purchaser before
implementation.

2.8.3 INSPECTION:

2.8.3.1 The purchaser reserves the right to inspect any machinery and material to ensure that
approved Q.A.P. is being strictly implemented by the Contractor or his Sub-Contractor
/Supplier under this contract, and to reject any item found defective in workmanship or
design, or otherwise unsuitable for the use and purpose intended or which is not in
accordance with the intent of this contract. The Contractor should, on demand by the
purchaser, rectify or replace such defective or unsuitable equipment, or the purchaser
may, at the contractor’s expense, rectify or replace such defective or unsuitable
equipment, whether before or after supply.

2.8.3.2 The contractor shall advise the purchaser at least 4 weeks in advance as to when the
equipment will be ready for stage / final inspection at the contractor’s work or at his
Sub-contractor’s works.

2.8.3.3 The Purchaser’s Inspecting Engineers at all time have access to all part of shops
where the equipment is being manufactured and also shall be provided with all
reasonable inspection facilities by the contractor and /or sub-contractor.

2.8.3.4 No equipment to be furnished or used in connection with this contract shall be


dispatched until factory inspection and acceptance test is carried out satisfactorily.
Such factory inspection of the equipment or approval of acceptance tests shall not
however, relieve the contractor from full responsibility for supplying equipment
conforming to the requirements of this contract, not prejudice any claim, right or
privilege which the purchasers may have because of the use of defective or
unsatisfactory equipment should purchaser waive the right to inspect any equipment
such waiver shall not relieve the contractor any way from obligation under his contract.

2.8.3.5 The tenderer is required to record the following certificates on the invoices and
challans of each and every consignment:

“Certified that material being dispatched against the above invoices and challan has
been inspected and tested by the representative of Engineer of the contract or (date)
and all the test results were satisfactory, as per approved test certificate enclosed”.

OR
Certified that inspection of material being dispatched against the above invoice and
challan has been waived off by …………………………………………………..(Engineer
of Contract vide letter No………………Dt. )”(Copy enclosed) and all the acceptance
and Routine tests as per relevant standards and those
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provided in Contract, have been conducted and all the test results were found
satisfactory as per test certificates enclosed.”

2.9 SPARE PARTS:

Tenderer shall be recommended a set of spare parts required for normal maintenance
or equipment offered for a period of five years.

2.10 PRODUCTION SHCEDULE AND PROGRESS REPORT:

The Contractor shall furnish detailed production schedule for all major component to be
supplied. The schedule shall include dates of completion of:-

(a) Engineering work.


(b) Different phases of material procurement, manufacture and fabrication.
(c) Delivery.

A report on actual progress in percentage and date of completion of each of above


items, shall be sent to the purchaser every month, starting two months, from the date
of letter of intent or date of Purchase order.

2.11 PACKING & DESPATCH OF EQUIPMENT:

2.11.1 All equipment/material shall be suitably packed for transport, carriage at site and
outdoor storage during transit. The contractor shall be responsible for any damages to
the equipment during transit due to improper and inadequate packing. The cases
containing fragile material, or material easily prone to damage, shall be very carefully
packed and marked with appropriate caution symbols i.e. ‘FRAGILE’, HANDLE WITH
CARE; USE NO HOOK etc. The contents of each packing shall bear marking that can
be readily identified from the packing shall provide complete protection from moisture,
termites and mechanical shocks etc. Wherever necessary proper arrangement for
attaching slings for lifting shall be provided. All packages shall be clearly marked with
gross weight, signs showing ‘UP & DOWN’, sides for boxes, contents of each
package, order No. and date and unpacking instruction considered necessary. Any
material found short inside the packing case, shall be supplied by the contractor
without any extra cost. Tenderer shall ascertain prior to shipment, from concerned
authorities, the transport limitations, like weight and maximum allowable package size
of transportation.

All packing case and packing material shall become the property of the Purchaser.

2.11.2 The equipment/material shall be dispatched to the respective sub-station. The detailed
dispatch instruction will be intimated to the successful tenderer.

The contractor shall intimate, at least ten days in advance, to the consignee (s), as
well as to the Engineer, the probable date when the equipment are to be ready for
dispatch. A telegraphic intimation shall also be given to the consignee (s) immediately
after the dispatch of equipment mentioning the specification number and approximate
weight of each package to enable him to take the delivery and unload the material in
case the dispatch document are not received by him in time.
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2.11.3 A list in duplicate containing details of equipment for verification at site shall also be
placed inside each package and shall correspond with the advice note and approved
bill of material.

2.11.4 Bill (s), duly pre receipted, in triplicate in accordance with approved terms of payment
and together with all necessary dispatch documents, shall be sent to consignee (s)
under registered cover with intimation to Engineer of the Contract.

2.11.5 Any demurrage/wharfage or other charges payable due to non implementation of any
of the above instruction shall be to contractor’s account.

2.12. REJECTION:

2.12.1 Purchaser reserves the right to reject any equipment if during the tests at works or
site, the test value achieved do not comply with the respective standard / specifications
and exceeds that tolerable limits.

2.12.2 Contractor shall replace rejected equipment with a new equipment complying with the
guaranteed value as promptly as possible and at no extra cost to the purchaser.
Purchaser reserves the right to retain any rejected equipment and take into service
until the contractor supplies the new equipment.

2.12.3 Rejection of any equipment will not be held as a valid reason for delay in timely
completion of the work.

2.13 MODE OF DESPATCH:

2.13.1 The equipments are to be dispatched from Contractor’s work to any destination in U.P.
as per the dispatch instructions given by the Engineer (Consignees).

2.13.2 The instrument Transformers, Surge Capacitors, insulators must be dispatched by


ROAD transport only and without transshipment to reduce the risk of damage. Form 31
in such cases will be obtained by the contractor from the Consignee (s).

2.13.2 All other equipments shall be dispatched by goods trains, unless otherwise advised by
the Engineer / consignee (s).

2.14 INSURANCE

2.14.1 The contractor shall arrange, secure or maintain insurance as may be necessary to
protect his own interests and the interests of the Corporation against all risks. The risks
that are to be covered under the insurance shall include, but not be limited to, the loss
or damage in transit, theft, pilferage/riot, civil commotion, weather conditions, accident,
or all kinds of fire war risks during ocean transportation only.

2.14.2 Insurance is to be taken FOR destination value of the Equipment for transit from the
manufacturer’s warehouse to the Purchaser’s warehouse plus 45 days storage
thereafter.
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2.14.3 All damages and shortages of the equipment after its delivery to destination railway
station and transportation to stores and storage thereafter shall be notified by the
consignee by registered post to contractor or his authorized representative, within 30
days for making good the damage or loss by way of replacement of the equipment
damaged or lost.

2.14.4 The contractor shall take up the matter with insurance company for finalization of
claims and Purchaser shall provide required information. All further action in
connection with making and setling of claim, if any, will be carried out by the contractor
for which no extra payment will be made.

The contractor shall be responsible to make good the damage or loss by way of repairs
and /or replacement of equipment free of cost irrespective of the fact whether claim is
accepted by the insurance Co. or not, without waiting claims settlement.

2.14.5 The scope of such insurance shall cover the entire value of the Contract from time to
time.

2.15 TERMS OF PAYMENT :

2.15.1 The terms of payment shall be as per Clause 21 of form B/clause 25 of form A. In case
of delay in delivery the Tenderer shall raise invoices after allowing price reduction due
to late delivery as detailed in Clause 27 of Form B/Clause 32 form A. In case drawings
and manuals are not submitted as per clause 2.6.5 and 2.6.6, a further deduction of
2% shall also be made.

2.15.2 For equipment to be dispatched by Road transport, the payment will be made after the
receipt of goods at site.

2.15.3 Tenderers may note that terms of payment through letter of credit is not acceptable.

2.16 FOREIGN EXCHANGE :

Tenderers offering equipment without involving any foreign exchange commitment on


the part of Purchaser will be considered.

2.17 DELIVERY:

2.17.1 Material will be delivered within 45 days from the date of approval of drawing. Firm will submit
drawing within seven days from the date of issue of order. If the firm does not submit drawing
within seven days of order the delivery period shall be count from the date of issue of supply order..

2.17.2 Date of despatch documents (R/R) shall be treated as the date of delivery. In case of
dispatch by road transport, the date of receipt of goods at site/UPPTCL store shall be
treated as date of delivery.

2.17.3 Delivery should be quoted specifically and explicitly and should be guaranteed under
price reduction clause of form A/B.
2.17.4 The delivery should be effected in serviceable lot/sets of equipment. In case of part
dispatch, the delivery shall be deemed to have been effected when last component/
part of the equipment of serviceable lot/set has been delivered.
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2.18 DEVIATION:

2.18.1 This specification is mainly for guidance of the Tenderer/manufacturer. These


requirement of necessity include some specific elements of construction and materials,
but are not intended to preclude genuinity or design or improvement.
2.18.2 If the tenderer process any deviations from this specification these will be considered
provided they are necessary either to improve the utility performance, efficiency or to
secure overall economy. This will be clearly and explicitly explain in the tender. Such
deviation shall also be brought out clause by clause in the prescribed schedule.

2.19 PERFORMANCE GUARANTEE:

2.19.1 The tenderer shall have to deposit a performance bank guarantee


amounting to 10% of the contract value, valid for 36 months from actual
date of commissioning of equipment or 42 months from the date of receipt
of equipment at site, as guarantee towards the actual and faithful performance of
the equipment being supplied under this specification.

2.20 TRAINING OF ENGINEERS:

2.20.1 The purchaser will depute his engineers for period as mutually agreed, at the
manufacture’s work for a purpose of familiarization with equipments and techniques
covered under the specification, including training in commissioning, operation,
maintenance and trouble shooting aspects etc. The contractor shall provide the
necessary training facilities free of cost to the Purchaser and also indicate suggested
training programme etc. In case, this training course is being run regularly by the
Manufacturer or his principals, this may be indicated in the tender along with details of
training duration, scheduled date, course content etc. The traveling expenses from
U.P. to their place of training and back and maintenance expenses of the deputed
trainees shall be borne by the purchaser.

2.20.2 The contractor shall depute his senior Engineer/Specialists to the Training
Institute/Staff college of the purchaser for training /familiarization course when
requested by the purchaser.

2.21PENAL CHARGES :
The inspection call shall be given only when the equipment has actually become ready,
in all respects. A period of 4 weeks (WITHIN U.P) /6 weeks (beyond U.P) shall be
allowed to U.P.P.T.C.L for making travel arrangements of inspecting officers to reach
the works. In case the equipment is not available for inspection at the time of arrival of
inspecting officers, the tenderer shall pay to UPPTCL towards futile journey a sum
decided by Chief Engineer (Transmission West) and demanded by “Engineer of
Contract”. This amount shall be paid within 30 days from the date of demands.
Further action for inspection of material shall be taken only after the said amount is
deposited”.
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[S-1]

SCHEDULE ‘A’
TENDER FORM
FOR SUPPLY / SUPPLY & ERECTION OF EQUIPMENT/MATERIAL FOR SUB-
STATIONS
FROM:
To,
The Chief Engineer (Transmission West)
U.P.Power Transmission Corporation Ltd.,
‘’Pareshan Bhawan” 130-D,Victoria Park,
Meerut.

Sir,
With reference to your invitation to tender for the above I / WE hereby offer to the U.P. Power
Transmission Corporation Limited. Items in the schedule of prices and delivery annexed or such portion
thereof as you determine in strict accordance with the annexed conditions of contract Form ‘B’ /’A’,
specifications and schedules of Rates to the Satisfaction of the Purchaser or in default thereof to forfeit
and pay to the Uttar Pradesh Power Transmission Corporation Ltd., the sum of money mentioned in the
said conditions.
The rates quoted are inclusive pro-rata and in full satisfaction of all claims.
I/WE agree to abide by tender for the period of 6 months from the date fixed for receiving of the same .

A sum Rs. ……………………………………………….in the form of …………………….is herewith


forwarded duly endorsed in favour of the …………………………………………………….U.P. Power
Transmission Corporation Limited, Lucknow as earnest money.

I/We hereby undertake and agree to execute a contract in accordance with the conditions of the contract.
Encl: As above
Date……………………………Day of …………………………………………2017
Yours faithfully

Witness: (Signature of the tenderer in full)


Address: Name …………………………….
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[S-2]

SCHEDULE ‘B’
PRE QUALIFICATION DETAIL OF THE OFFER
1. EXPERIENCE:
Sl. Breif No. of years of Name and complete Date of Name of S/S Period of Copy of
No. Technical experience of address of Purchaser supply & or power stn. Trouble type test
details of manufacturer (copies of performance quantity where installed free report s
equipment report be enclosed) and date of operation (enclosed
Commissioning / not
enclosed)

2. TESTING FACILITIES:
Sl. Name of tests Details of testing Range upto which place testing
No equipment test can be performed
available

(i) Routine:

a)
b)
c)

(ii) Acceptance:

a)
b)
c)
(iii) Type :

a)
b)
c)

Note: IN case facility of test not available at works, place where such test would be carried out be
specified.

Full Signature……………………..
Name ……………………………..
Designation………………………..

Company Seal
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[S-3]

SCHEDULE ‘C’
DECLARATION

(To be executed on a non-judicial stamp paper of Rs. 10/- with a revenue stamp of Rs.1/- affixed)

Tender invited by ……………………………………

…………………………………….

Tender for ……………………………………

Name of Tenderer ……………………………………..

Specification No. and date of opening …………………………………….

In Consideration of the U.P. Power Transmission Corporation Ltd., having treated the Tenderer
to be an eligible person whose tender may be considered , the Tenderer hereby agree to the
condition that the proposal in response to the above invitation shall not be withdrawn within 6
months (or any extension thereof ) from the date of opening of the tender, also to the condition
that if thereafter the Tenderer does withdraw his proposal within the said period, the Earnest
Money deposited by him may be forfeited to the U.P. Power Transmission Corporation Limited
and at the discretion of the Purchaser, the purchaser may debar the tenderer from tendering for
minimum period of one year reckoned from the date of opening of the tender.

Singed this ……………………………….day of ……………………………….2017

Place …………………………………………signed by ………………………………

Witness Tenderer

Full Signature……………………..

Name ……………………………..

Designation………………………..
Company Seal
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[S-4]

SCHEDULE ‘D’
PROFORMA FOR JOINT UNDERTAKING BY THE COLLABORATOR /
ASSOCIATE AND THE TENDERER
(To be stamped in accordance with U.P. State Act.)
To,
The Chief Engineer (Transmission West)
U.P.Power Transmission Corporation Ltd.,
‘’Pareshan Bhawan” 130-D,Victoria Park,
Meerut.
Dear Sir,
(In terms of ‘Instruction to Tenderer’ in the specification no………………………for the
design, manufacture, testing, delivery erection & commissioning (as specified ),of
…………………………………………………………
……………………………………………………………………………………………………………
………………………………………………(Name of the Equipment)
It is a condition that the tenderer as well as their collaborator / associate shall jointly and
severally undertake the responsibility for the successful performance of the Contract (herein after
referred to as contract) which is qualified for the award on the basis of expertise of collaborator
/associate.
We …………………………………having our registered office at
………………………….(herein after referred to as Collaborator /Associate ) which in turn shall
include our successor, admistatrator, recruiter and assign and we ……………………having our
registered office at ……………………………………….((herein after called Tenderer /Contractor ) are
held jointly and severally liable and bound up-to U.P POWER TRANSMISSION CORPORATION
LIMITED ( herein after referred to as Purchaser ) which expression shall include its successor,
administrator and assign, for the successful performance of the contract including the overall
responsibility for the design, manufacturer, testing delivery, performance etc of
…………………………………………….(Name of the equipment ) in accordance with the contract.
The Collaborator / Associate hereby agree to depute their technical experts from time to time to
Contractor’s works / project site as mutually agreed upon between the Purchaser and the Contractor’s in
order to discharge the Contractor’s obligations as stipulated in the Contract. The Tenderer and the
Collaborator / Associate hereby agree that this undertaking shall be irrevocable and it shall form and
integral part of the Contract.
In witness there of the Collaborator / Associate and the Tenderer have through their authorized
representative, set their hands seal on this ………………………………………………….day of
……………………………………2017.
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[S-5]

WITNESS: COLLABORATOR/ASSOCIATE

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

……………………………….. Name ……………………………..

Designation………………………..

(Official address ) Seal

Seal

WITNESS: TENDERER

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

……………………………….. Name ……………………………..

Designation………………………..

(Official address)
Seal

Seal
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[S-6]

SCHEDULE ‘E’
SCHEDULE OF GENERAL PARTICULARS

1. Name of the Tenderer :


a) Registered office :
b) Postal address of tender :
c) Telegraphic address :

2. Name and address of :


Manufacturer, if any
3. Location and address of works :

4. Name and address of Local :


representative and his telephone
No. , if any.

5. Name and address of the officer :


of the tenderer /manufacturer to
whom all reference shall be made
for expeditious coordination.

6. Place from where service facility :


and spares are available
(give full address )

7. Whether the tenderer is sole :


Proprietor /Partnership concern
/ Pvt. Ltd. Company / Public
undertaking.
8. Name of foreign collaborator, if any :

9. Whether the design are their own :


or obtained from other sources.
If from other sources, the same may
be indicated.

10. Name and address of sub- supplier :

11. The name, designation, qualification :


and experience of the engineer
employed by the tenderer in design,
development and manufacturing of
the quoted equipment.
12. Authorized capital of the company :

13. Annual Turnover is Rs. per year :

14. Actual production per year of the :


Equipment quoted.
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[S-7]

15. Manufacturing capacity per month of :


the quoted equipment (item wise)

16. State the name & Designation of your :


relative (s) if any working in Corporation.

17. Earnest money


i) Earnest money deposited or not :
ii) If yes, state amount of earnest :
money deposited.
iii) No. and date of Bank guarantee / :
Bank Draft (for earnest money)

18. Validity of offer :


(A minimum validity of 6 months from the
date of tender opening is required.).

19. 1% security deposit in terms of Clause 3 of : Yes / No


Form B is to be deposited within 15 days of
Placement of order. Whether or not willing
to deposit. If no, state reasons.

20. Whether agreeable to furnish 10% performance : Yes / No


bank guarantee or not, state reason?

21 Whether the offered equipment is : Tested / not tested


type test or not.

22. Whether type test certificate of offered : Enclosed / Not enclosed


equipment are enclosed or not.

23. Whether Certificates for satisfactory performance: Enclosed / Not enclosed


of offered equipment enclosed or not .

24. Have you noted


i) That prices variable as per IEEMA/ : Yes / No
specified formula enclosed without
any ceiling on either side
ii) Have you mentioned base price indices : Yes / No
prevailing as on the first day on one
month before tender opening.

25. Whether Ex works prices quoted : Yes / No

26. Whether freight charges have been : yes / No


quoted separately

27. Whether transit insurance form warehouse : Yes / No


to warehouse and 45 days storage thereafter
quoted separately.
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[S-8]

28. Whether the quoted prices are also applicable : Yes / No


for any reduced quantity order.

29 Terms of payment as mentioned in relevant : Yes / No


clause are acceptable or not .
30. State VAT Number : Yes / No
i) Central
ii) State
31. Income tax clearance certificates : Yes / No
enclosed or not.

32. Whether the Tenderer is agreeable to supply : Yes / No


the equipment, incase of the deviations stipulated
by him are not acceptable to the Corporation.

33. Have you noted that for instrument transformers,: Yes / No


surge capacitors and isolators dispatched will
be by Road Transport only.

34. Testing facilities


a) Type test : Available / not available
b) Routine test : Available / not available
35. a) Manufacturing experience of quoted equipment.: Enclosed / not enclosed
b) Evidence of statement 34 (a) : Enclosed / not enclosed

36. Equipment quoted in-service since : Given the year with evidence/
Not given
37. Tax and duties : Applicable extra / not applicable
38. Excise duties : Applicable extra / not applicable

39. Desired delivery (Annexure-I) :

40. Drawings (Schedule F) : Enclosed / Not enclosed

41. Erection and commissioning period Per unit : Enclosed / not enclosed
(Schedule N)
42. Commissioning charges :

43. Whether the prices quoted are : Yes / No


After taking modvat benefit
44. Receipt No. & date :

Seal of company Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-9]

SCHEDULE ‘F’
LIST OF DRAWING AND LITERATURE ENCLOSED WITH THE TENDER

Sl. No. Drawings / Literature No. Title

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-10]

SCHEDULE ‘G’
DEVIATIONS FROM ‘TECHNICAL SPECIFICATION’ & ITS PRICE INCIDENCE.

(All deviations from the “Technical Specification” shall be filled in clause, in this schedule; compliance
with the specification will be taken as granted if the deviation is not specifically mentioned in this
schedule. In case the tenderer is required to agree to the standard clause, then he may indicate the
amount by which the tenderered price will thereby be increased or decreased.

Sl. No. Clause No. Deviation Price incidence (Increase / Decrease )

The Tenderer hereby certifies that the above mentioned are the only deviations from the ‘Technical Specification’.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-11]

SCHEDULE ‘H’
DEVIATIONS FROM ‘INSTRUCTION TO TENDERERS’ & SPECIAL CONDITION
OF THE CONTRACT.

(All deviations from the ‘Instruction to Tenderers ’ shall be filled in clause, in this schedule,
compliance with the Specification will be taken as granted if the deviation are not specifically
mentioned in this schedule. In case the tenderer is required to agree to the standard clause, then he may
indicate the amount by which the tenderered price will thereby be increased or decreased.

Sl. No. Clause No. Deviation Price incidence (Increase / Decrease )

The Tenderer hereby certifies that the above mentioned are the only deviations from the ‘Instructions to
Tenderers’.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-12]

SCHEDULE ‘I’
DEVIATIONS FROM “GENERAL REQUIREMENTS OF SPECIFICATION” & ITS
PRICE INCIDENCE.

(All deviations from the “General requirements of specification” shall be filled in clause, in this
schedule, compliance with the Specification will be taken as granted if the deviation are not specifically
mentioned in this schedule. In case the tenderer is required to agree to the standard clause then he may
indicate the amount by which the tenderered price will thereby be increased or decreased.

Sl. No. Clause No. Deviation Price incidence (Increase / Decrease )

The Tenderer hereby certifies that the above mentioned are the only deviations from the ‘General requirements of
specification’.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-13]

SCHEDULE ‘J’
DEVIATIONS FROM “GENERAL CONDITONS OF CONTRACT FORM A/B” & ITS
PRICE INCIDENCE.

(All deviations from the “General Conditions of Contract form A/B” shall be filled in clause, in this
schedule, compliance with the specification will be taken as granted if the deviation are not specifically
mentioned in this schedule. In case the tenderer is required to agree to the standard clause then he may
indicate the amount by which the tenderered price will thereby be increased or decreased .

Sl. No. Clause No. Deviation Price incidence (Increase / Decrease )

The Tenderer hereby certifies that the above mentioned are the only deviations from the ‘General conditions of
contract form A/B’.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-14]

SCHEDULE ‘K’
LIST OF RECOMONDED SPARE PARTS & THEIR PRICES

(Tenderer shall give below a list of spare parts recommended for 5 years trouble free operations of
equipment offered by them and its prices.)

Sl. Catalogue Name of the Recommended Unit prices


No. Nos. Component Qty. in No. Ex-works F.O.R. Destination

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-15]

SCHEDULE ‘L’
LIST OF RECOMONDED SPECIAL TOOLS AND TACKLES & ITS PRICES

(Tenderer shall give below a list of special tools and tackles required for erection, commissioning,
operations and maintenance of equipment offered by him.)

Sl. Particulars Recommended Unit prices


No. Qty. in No. Ex-works F.O.R. Destination

The tenderer hereby certifies that the above mentioned are the only special tools and tackles required for
erection, commissioning, operation and maintenance of equipment offered by him.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-16]

SCHEDULE ‘M’
LIST OF RECOMONDED TEST SETS & TESTING INSTRUMENTS & THEIR
PRICES

(Tenderer shall give below a list of recommended test sets and testing instruments required for erection,
commissioning, operations and maintenance)

Sl. Particulars Quantity Unit prices


No. Ex-works F.O.R. Destination

The Tenderer hereby certifies that the above are the only test sets and testing instruments required for erection,
commissioning operation and maintenance of equipment offered by him.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-17]

SCHEDULE ‘N’
RATES OF SUPERVISION CHARGES OF ERECTION & COMMISSIONING
ENGINEER

1. Rate per day of supervision of erection and Rs…………………………………..per day


Commissioning Engineer.
2. Duration required for erection, testing & ………………………………….Days
Commissioning

Note : 1. Charges for supervision of erection


and commissioning shall be
payable for number of days of actual
presence at works site or above
specified duration whichever is less.

2. Lodging at works site and local


transport where ever required shall
be provided free of cost by the
Corporation.

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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[S-18]

SCHEDULE ‘P’
SCHEDULE OF QUOTED GUARANTEED DELIVERY

(Guaranteed delivery completion period will be reckoned from the date of issue of letter of
intent or detailed order as the case may be)
(date or R/R will be deemed to be the date of delivery). In case of dispatch by road transport,
date of receipt of material at site/Corporation stores shall be taken as date of delivery.

Sl. No. Item Offered Qty. Delivery period (in months)


Starting/Completion with
monthly rate

Seal of company
Full Signature……………………..

Name ……………………………..

Designation………………………..

Date…………………………………
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SCHEDULE - R
SCHEDULE OF TECHNICAL AND GUARANTEED PARTICULARS FOR CTs
(To be filled by the Tenderer)

1. Type
2. Manufacturer’s Type Designation
3. (i) Rated Voltage
(ii) Max. Operating Voltage
4. (i) Rated Primary Current
(ii) Continuous Primary Current Rating
5. (i) Rated Primary Current
(ii) Continuous Secondary Current Rating
6. Number of Primary Turns
1. Number of Cores
2.
Rated Class of Saturation Factor
Outpur Accuracy (Accuracy Limit Factor)
Core-I
Core-II
Core-III

3. Secondary Voltage
Knee Point Secondary Limiting
Voltage Voltage

Core-I Volts
Core-II Volts
Core-III Volts

4. One second over current factor


5. Rated Current Dynamic (Peak Value)
6. Rated continuous Thermal Current
Temperature rise over ambient
7. One Minute power frequency dry withstand test voltage KV rms
8. One minute power frequency wet withstand test voltage KV rms
9. 1.2/50 micro second impulse withstand test voltage KV Peak
10. Porcelain Bushing
(i) Total Creepage Distance (mm)
(ii) Type
(iii) Make
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11. One minute power frequency wet withstand test voltage KV rms
12. Weight of oil Kg.
13. Total Weight Kg.
14. Mounting details
15. Overall dimensions
16. Characteristics (To be enclosed)
(i) Ratio & Phase angle curves
(ii) Magnetisation curves
(iii) Ratio correction factor curves
23. Details of insulation materials used for
Primary & secondary windings.

NOTE :- Secondary terminals box should be partitioned so as to house the


metering terminals separately with the provision of sealing and
locking of the metering terminals.
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TECHNICAL SPECIFICATION FOR 36KV CURRENT TRANSFORMERS


1.0 SCOPE :

This specification covers the design, manufacture, assembly, testing at manufacture’s


works, supply and delivery of outdoor single phase 36KV CTs for relaying and
metering purposes in effectively grounded 26KV system in U.P.
2.0 TYPE & RATING :

The CTs should be of outdoor type single phase oil immersed, self cooled hermetically
sealed, suitable for operation in humid atmosphere in the tropical sun with climatic
conditions as indicated in para 2.3 of page G-2 and in areas subject to heavy lightening
storms. The CTs shall comply with requirements as indicated below:-
1. Nominal System Voltage 33KV (rms)
2. Highest System voltage 36KV (rms)
3. Frequency 50 C/s (47 to 51 C/s)
4. Insulation level (BIL) 170KV
5. Short Time Current rating (1 sec.) 25.00KA (rms)
6. Transformation Ratio 400-200/1-1A
7. No. of Cores 2 Nos.
8. Quantity required 90 Nos.
9. Creepage distance of bushing Not less than 900mm.
10. Continuous Primary Current rating 120% of rated primary current.
11. Continuous Secondary current rating 2A
3.0 DESIGN CRITERIA & STANDARD:

It shall be as under:
CT Ratio Core No. Rated Accuracy Accuracy Resistance Min. Max. Purpose
Output Class Limit of Sec. Knee mag.
Factor Wdg. Point Current
(Ohm) Voltage at 25%
not (Volts) Knee
exceeding Voltage
(mA)

2000-1600- I 10VA 0.2 - - - Metering


1250/1-1-1A II & III - PS 10 4 400 Protection

800-400 I 10VA 0.2 - - - Metering


800-400 II & III - PS 10 4 400 Protection
400-200 I 10VA 0.2 - - - Metering
400-200 II - PS 10 4 400 Protection
100-50 I 10 VA 0.2 - - - Metering
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NOTE : Rated outputs should be guaranteed on both the ratios.

Except as modified in the specification the CTs and accessories shall be in accordance
with the latest editions of the following standards:
1. IS 2705 (Part I to IV) Specification for CTs
& IEC 60444-1
2. IS 2099 Specification for High Voltage porcelain bushing
3. IS 3347 Specification for dimensions for porcelain T/F
4. IS 335 Specification for Insulating oil for T/F & switchgear
5. IS 3202 Code of practice : climate proofing of electrical
equipment

4.0 GENERAL :
The separately mounted CTs should be of single phase, oil immersed, hermetically
sealed type and self cooled, suitable for the service indicated, complete in all respects
confirming to the modern practice and of design and manufacture.
5.0 WINDINGS :
5.1 The instrument security factor of the CTs core to be used for metering should be low
enough not to cause any damage to measuring instruments on account of maximum
short circuit current (The instrument security factor should not exceed 5.0).
5.2 CT core to be used for protective relaying purpose should be of accuracy class
specified. Magnetization curves should be furnished with the tender for the CTs for
metering and protection cores.
5.3 Continuous current rating of the secondary winding of core-II & III should be min. 2
Amp. The secondary terminals should be brought out in a compartment on once side of
CT for easy access. The secondary terminals should be provided with short circuiting
arrangement. The secondary leads should be adequately reinforced to withstand normal
handling without damage. The secondary terminal box should also be partitioned so as
to house the metering terminals separately with the provision of sealing and locking of
the metering terminals. “METERING” & PROTECTION’ should be clearly indicated
on each compartment cover respectively by engraving or by providing the metallic
plate.
6.0 The CTs should withstand satisfactorily the di-electric test voltage corresponding to
basis impulse level of 170KV for 36KV CTs.
7.0 SPECIAL FEATURES OF CTs:
7.1 The protection cores should be of high grade non-aging electrical silicon laminated steel
of low hysteresis loss and high permeability to ensure hign accuracy at both, normal and
over current. The CTs should be hermetically sealed to eliminate breathing and prevent
air moisture from entering the tank. These should be provided with the oil level gauge
and pressure relieving device capable of releasing at normal internal pressure.
7.2 INSULATING OIL : Should confirm to the requirement of IS – 335.
7.3 CREEPAGE DISTANCE :
The bushing and insulating porcelains should be suitable for installation in heavily
polluted atmospheres having creepage distance of 900mm (min).
8.0 TYPE OF MOUNTING :
The CTs should be suitable for mounting on steel structures having 4 Nos. holes of
15mm Ø at 300mm x 300mm square spacing.
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Necessary galvanized flanges etc. for the base of the CTs should be supplied.

9.0 CABLE GLANDS :


Three Nos. cable glands suitable for 6x2.5mm2 conductor for PVC control cable along
with the gland plates for the cables are to be provided. The prices of cable gland and
gland plate should be included in the price of CT.
10.0 TERMINCAL CONNECTORS :
Terminal connectors suitable for Twin Zebra/Moose ACSR conductor for CTs, as
specified in SCHEDULE OF QUANTITY & PRICES should be supplied along with
the CTs. Provision for earthing of the base frame of CTs is also to be made.
10.1. MATERIAL :
For non-current carrying parts, the bolts, nuts, washers and check nuts up to 10mm size
should be of stainless steel and 12 mm size or above should be hot dip galvanized
marked with ISI certification mark. Nuts, washers, bolt for current carrying parts be
tinned copper. These should be manufactured by a reputed concern and confirm to IS –
1365 – 1967 and 1367 – 1967 or latest amendment thereof.
10.2. DESIGN :
The design of the connectors shall be such as to give intimate contact between
connector and conductor and offer protection to contact surfaces against effects of
electrolytic (between two dissimilar metals) and atmospheric corrosion. The connector
shall have sufficient mechanical strength and shall completely enclose the conductor
and terminal. The connector shall hold the conductor and terminal very tightly so that
the connector withstands the mechanical stresses set up by vibration, wind and short
circuit current. The conductivity of connectors shall be high to minimise power loss.
The connectors should be designed with the large factor of safety and should comply in
all respects of temperature rise resistance and tensile strength withstand capacity as per
ISS 5561-1970 or amendment thereof.
The tenderer is required to fill up Annexure-I and should also furnish copy of routine
and type tests of terminal connectors carried out by them or their Sub-suppliers in the
past. Drawings of the connector shall also be submitted with tender.
The prices of terminal connectors should be quoted separately and should not be
included in the price of CT.
Schedule of technical and guaranteed particulars for terminal connectors should be
given in the tender (schedule-R).
11.0 SHOP INSPECTION :
11.1 No material or equipment shall be dispatched from the point of manufacture unless it
has been inspected or inspection waival is issued. U.P. Power Corporation Limited
representative shall have access to facilitate or unrestricted inspection of the works.
11.2 The acceptance of any material or equipment shall in no way relieve the contractor or
any of his responsibilities for meeting all the requirements of this specification and shall
not prevent subsequent rejection of such material or equipment if later found to be
defective.
11.3 Each CT shall be assembled and tested at the factory. Tests shall be performed in
compliance with the latest edition of IS. If UPPTCL elects to have a representative
present, all tests shall be witnessed by him unless he specifically waives the witnessing
of the particular test before it is made and agrees to accept copies of the contractors test
report. The following tests shall be performed on each CT unless otherwise specified:
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(i) Verification of terminal marking and polarity (as per clause 9.2 of IS – 2705).
(ii) Power frequency dry withstand tests on primary windings (as per clause 9.3 of
IS–2705).
(iii) Power frequency wet withstand tests on secondary windings (as per clause 9.4
of IS-2705).
(iv) Over voltage inter turn test (as per clause 9.5 of IS-2705)
(v) Determination of errors or other characteristics of 0.2 accuracy class.
(vi) An excitation curve with voltage in volts on ordinate and magnetization current
in mA on abscissa plotted up to the voltage level above knee point voltage when
10% increase in voltage causes 50% increase in magnetization current.
(vii) The CT shall be tested for leakage and strength by applying to complete CT and
porcelain housing filled with oil at a pressure not less than 0.7 Kg/cm2 for a
period of 24.00 hrs. or not less than 1 Kg./ cm2 above the maximum operating
pressure for a period of 6.00 hrs. If leakage occurs the CT shall be retested after
all leakages have been stopped.
11.4 TYPE TESTS:

11.4.1 The bidders must have not the following type tests carried out on their offered CTs as
per latest edition of IS-2705 to PREQUALIFY.
Following latest type test reports may be submitted with the offer, which should have
been conducted within 5 years of date of tender opening.
(a) Short time current test (as per clause 9.6 of IS-2705).
(b) Temperature rise test (as per clause 9.7 of IS-2705).
(c) Lightning impulse test for current transformer for service in electrically exposed
(as per clause 9.8 of IS-2705).
(d) High voltage power frequency withstand voltage test on outdoors current transformer
(dry & wet) as per clause 9.9 of IS-2705.
(e) Determination of errors or other characteristics of 0.2 accuracy class.
All other type tests shall be in accordance with the latest revision of IS-2009 : 1973.

11.4.2. In the event of an order the supplier shall arrange to carry out Heat run test on one CT
selected by the representative of Purchaser in his presence.

11.5. One certified copies of routine test reports for each CT shall be furnished. Each report
shall include the following information:

(a) Complete identification of the CT including UPPTCL contract No. and item No.
manufacture type and Sl. No. and CT rating brief particulars of the CT parameter and
specification.
(b) Brief description of each test as specified and carried out, results of test and where
necessary interpretations of results. Tests shall be listed in the same order to facilitate
checking the report.

12.0. COMPLETENESS OF CONTRACT :

Any fittings, accessories, or apparatus which might not have been mentioned in the specification but
which are usual or necessary in the equipment of similar nature, are to be provided by the contractor
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49

without extra cost. All apparatus must be complete in all details whether mentioned in the specification or
not.

13.0. GUARANTEED TECHNICAL PARTICULARS :


Guaranteed technical particulars as called for, in “SCHEDULE – R” should be furnished along with the
tender.

14.0. SCHEDULE OF REQUIREMENT AND DESIRED DELIVERIES :


14.1. The schedule of requirement and desired deliveries are indicated below:
Sl. Equipment Qty. Description Desired delivery
No. Requir
ed
(Nos.)
1. 36 KV 3-Core CTs of following ratio & Accuracy Various Material will be delivered
Class 0.2 as detailed in specification. substations of within 45 days from the date
of approval of drawing. Firm
UPPTCL will submit drawing within
III 400-200/1-1A 213 Power System. seven days from the date of
issue of order. If the firm
does not submit drawing
within seven days of order
the delivery period shall be
count from the date of issue
of supply order.
14.2 The schedule of quantity and prices shall be filled in as per schedule ‘Q’.
15.0. MODE OF DESPATCH :
15.1. CTs should be dispatched by Road Transport only. In this case the date of receipt of
consignment at site shall be deemed as the date of delivery.
15.2. In the event of dispatches made by Rail, date of RR (Railway Receipt) shall be deemed
as the date of delivery. This will be applicable only when the firm is specifically
authorized by the purchaser to deliver the CTs by rail instead of road.
16.0. PRICE VARIATION :
No price variation shall be allowed.
17.0. BUSHING / INSULATOR :
The basic impulse level of the bushings and insulators should be as specified and they should be suitable
for installation in heavily polluted atmosphere. The minimum total creepage distance of the
bushings/insulators shall be as per clause 7.0 of latest edition of IS 13134 – 1992 i.e. its minimum value
shall be 36x25KD where KD is the correction factor for average diameter of insulator. The porcelain used
should be designed to have ample insulation mechanical strength and rigidity for satisfactory operation
under the conditions specified. The puncture strength of bushing should be greater than the flashover
value. The bushing shall be entirely free from external and internal corona.

18.0. INSURANCE :
The supplier shall arrange to provide insurance cover for the equipment for transit cum 45 days storage
from manufactures warehouse to purchaser’s warehouse as detailed in clause 2.14.2 of General
Requirements of specification.
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FORM - B
General Conditions of Contract
For
Supply of Plant and Machinery for Works
General Conditions for the Supply of Plant and Machinery for Works Pertaining to the
U.P. Power Transmission Corporation Limited

Definition of Terms 1. In constructing these General Conditions and the annexed


Specification the following words shall have the meaning herein
assigned to them unless there is anything in the subject or context
inconsistent with such construction:

The "Purchaser" shall mean the U.P. Power Transmission


Corporation Ltd and shall include his successors and assigns.

The "Contractor" shall mean the Tenderer whose tender shall be


accepted by the Purchaser and shall include such Tender's heirs,
legal representatives, successors and assigns.

The "Sub Contractor" shall mean the person named in the contract
for any part of the work or any person to whom any part of the
Contact has been sublet with the consent in writing of Engineer and
the heirs, legal representatives, successors and assigns of such
person.

The "Engineer" shall mean the officer placing the order for the work
with the Contractor and such other officer as may be duly
authorised and appointed in writing by the Purchaser to act as
Engineer for the purposes of the Contract and in case where no
such officer has been so appointed, the Purchaser or his duly
authorised representative.

"Plant" shall mean the plant and materials to be provided by the


Contractor under the Contract.

The "Contract" shall mean and include the General Conditions,


Specifications, Schedules, Drawings, Form of Tender, Covering
letter, Schedule of prices or the final General Conditions,
Specifications and Drawings and the Agreement to be entered into
under clause 3 of these General Conditions.

The "Specification" shall mean the Specification annexed to these


General Condition and the Schedule thereto (if any).

The "Site" shall mean the site of the proposed work as detailed in
the Specification or any other place in Uttar Pradesh where work is
to be executed under the Contract.

"Month" shall mean calendar month.


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(2)

"Writing" shall include any manuscript, typewritten or printed


statement, under or over signature or seal, as the case may be.

Words importing persons shall include Firms, Companies,


Corporation and other bodies whether incorporated or not.

Words importing the singular only shall also include the plural and
vice versa where the context requires.

Contractor to inform 2. The contractor shall be deemed to have carefully examined


himself fully the General Conditions, Specification, Schedules and Drawings, if
he shall have any doubt as to the meaning of any portion of these
General Conditions, or of the Specification he shall before signing
the Contract set for the particulars thereof and submit them to the
Engineer in writing, in order that such doubt may be removed.

Contract 3. A formal agreement shall, if required by the Purchaser, be


entered into between the Purchaser and the Contractor for the
proper fulfillment of the Contract. Further, if required by the
purchaser, Contractor shall deposit with the purchaser as security
for the due and faithful performance of the contracts such sum not
being less than one per cent of the total value of the Contract as
may be fixed by the Purchaser either in cash or any other form
approved by the Purchaser. The security deposit shall be refunded
to the Contractor on delivery and check of the plant at the site of the
work.

The Charges in respect of vetting and execution of the contract


document shall be borne by the Contractor. The Contractor shall be
furnished with an executed stamped counterpart of the agreement.

After the tender has been accepted by the Purchaser all order or
instructions to the Contractor shall, except as herein otherwise
provided, be given by the Engineer on behalf of Purchaser.

Contract Drawing 4. The Contractor shall submit in duplicate, to the Engineer for
his approval, drawings of the General Arrangement of the plant to
be provided and such detailed drawings, other than shop drawings,
as may be reasonably necessary.

Within fourteen days of the receipt of such drawings the Engineer


shall signify his approval or otherwise of the same, and in the event
of disapproving the drawing the Contractor shall submit further
drawing for approval.

Within a reasonable period of the notification by the Engineer to the


Contractor of his approval of such drawings, three sets, in ink or
tracing cloth or ferrogallic prints mounted on cloth, of the drawings
as approved, shall be supplied to him by the Contractor and be
signed by him and the Contractor respectively and be thereafter
deemed to be the "Contract Drawings".
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(3)

These drawings when so signed shall become the property of the


purchaser and be deposited with the Engineer, and shall not be
departed from in any way whatsoever except by the written
permission of the Engineer or hereinafter provided.

In the event of the Contractor desiring to possess a signed set of


drawings, he shall supply four sets instead of three sets and in this
case the Engineer shall sign the fourth set and return the same to
the Contractor.

The Contractor, if required by the Engineer, shall supply in addition


copies of any drawings other than shop drawings which may
reasonable be required for the purpose of the Contract and may
make a reasonable charge for such copies.

The Engineer or his duly authorised representatives, whose name


shall have previously been communicated in writing to the
Contractor shall have the right, at all reasonable times, to inspect,
at the factory of the Contractor, drawings of any portion of the plant.

Mistake in drawings 5. The Contractor shall be responsible for and shall pay for any
alterations of the plant due to any discrepancies, errors or
omissions in the drawings and other particulars supplied by him,
whether such drawing or particulars have been approved by the
Engineer or not, provided that is such discrepancies, errors or
omissions are due to inaccurate information or particulars furnished
to the Contractor by the Engineer any alterations in the plant
necessitated by reasons of such inaccurate information or
particulars shall be paid for by the Purchaser.

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.

Subletting of contract 6. The Contractor shall not, without consent in writing of the
Engineer or Purchaser which shall not, be unreasonably withheld,
assign or sublet this Contract, any substantial part thereof other
than for raw materials, or minor details or for any part of the plant of
which makers are named in the Contract provided that any such
consent shall not relieve the Contractor from any obligation, duty or
responsibility under the contract.

Patent rights 7. In the event of any claim or demand being made or action
being brought against the Purchaser for infringement or alleged
Infringement of Letters patent, in respect of any machine, plant or
thing used or supplied by the Contractor under this Contract or in
respect of any method of using or working by the Purchaser of such
machine, plant or thing, the Contractor will indemnify the Purchaser
against such claim or demand and all costs and expenses arising
from or incurred by reason of such claim or demand PROVIDED
THAT the Purchaser shall notify the Contractor immediately any
claim is made and that the Contractor shall be at liberty, if he so
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(4)

desires, with the assistance of the Purchaser, if required but at all


the Contractor's own expenses to conduct all negotiations for the
settlement of the same or any litigation that may arise there from
and PROVIDED THAT no such machine, plant or thing shall be
used by the Purchaser for any purpose or in any manner other than
that for which they have been supplied by the Contractor and
specified under this Contract.

Quality of materials 8. The plant shall be manufactured and constructed in the best
and most substantial and most workmanlike manner and with
materials of the best or of approved qualities for their respective
uses.

Packing 9. The Contractor shall be responsible for security, protecting


and packing the plant so as to avoid damage under normal
condition of transport.

Delivery and import 10. The costs of delivering the whole of the material f.o.r., at the
license fee railway stations specified shall be borne by the Contractor.

The Import Lenience fee for the Import of equipment or component part of
raw materials, if required, shall be paid by the Contractor even when the
Import License may have to be taken in the name of the Purchaser.

Power to vary 11. No alteration, amendments, omissions, additions,


or omit work suspensions, or variations of the plant (hereinafter referred to as
"Variations") under the Contract as shown by the contract drawings
or the Specifications shall be made by the Contractor except as
directed in writing by the Engineer but the Engineer shall have full
power, subject to the provision hereinafter contained, from time to
time during the execution of the Contract by notice in writing to
instruct the contractor to make such variations without prejudice to
the Contract, and the Contractor shall make such variation, and be
bound by the same conditions as far as applicable as though the
said variation occurred in the specification. If any suggested
variations would, in the opinion of the Contractor, if carried out,
prevent him from fulfilling any of his obligations or guarantees under
the Contract, he shall notify the engineer thereof in writing and the
Engineer shall decide forthwith whether or not the same shall be
carried out and if the Engineer confirm his instructions, the
Contractor's obligation and guarantees shall be modified to such an
extent as may be justified. The Difference of cost, if any,
occasioned by any 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 Engineer and Contractor jointly, as far as possible,
before such variations are carried out. Provided that the Purchaser
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 have been given in writing by the Engineer.
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(5)

In the event of the Engineer 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
design drawings, or patterns have been made or work done that
required to be allotted the Engineer shall allow such compensation
in respect thereof as he shall consider reasonable.

Provided that no such variations shall, except with the consent in


writing of the Contractor, be such as will involve in increase or
decrease of the total price payable under the Contract by more than
10 percent thereof.

In every case in which the Contractor shall receive instructions from


the Engineer for carrying out any work which either then or later will
in the opinion of the contractor, involve a claim for additional
payment, the Contractor, shall as soon as reasonably possible after
the receipt of such instructions inform the Engineer of such claim for
additional payment.

Negligence 12. If the contractor, shall neglect to manufacture or supply the


plant with due diligences and expedition, or shall refuse or neglect
to comply with any reasonable orders given to him in writing by the
Engineer in connection with the manufacture or supply, or shall
contravene any provision of the Contract the Purchaser may given
seven day's notice in writing to the contractor to make good the
failure, neglect or contravention complained of, and if the contractor
shall fail to comply, with the notice within a reasonable time from
the date of service thereof in the case of a failure, neglect or
contravention capable of being made good within that time, then
and in such case if the Purchaser shall think fit, it shall be lawful for
him to take the manufacture or supply of plant wholly, or in part, out
of the contractor's hand and give it to another person on contract at
a reasonable price and the Purchaser shall be entitled to retain and
apply any balance which may be otherwise due on the Contract by
him to the Contractor or such part there of as may be necessary to
the payment of the cost of manufacture or supply of such plant as
aforesaid.

Death, Bankruptcy etc. 13. If the contractor shall die or commit any act of Bankruptcy,
or being a corporation commence to be wound up except for
reconstruction purposes or carry on its business under a Receiver,
the executors, successors, or the representatives in law of the
estate to the contractor or any such receiver, liquidator, or any
person in whom the contract may become vested shall forthwith
give notice thereof in writing to the purchaser and shall for one
month, during which he shall take all reasonable steps to prevent
stoppage of the manufacture of plant have the option of carrying out
the contract subject to his or their providing such guarantee as may
be required by Purchaser, but not exceeding the value of the plant,
for the time being remaining unexecuted. In the event of stoppage
of the manufacture of the plant the period of the option under this
clause shall be fourteen days only provided that should the above
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(6)

option not be exercised, the contract may be determined by the


Purchaser by notice in writing to the contractor, and the Purchaser
may exercise the same power which he could exercise and will
have the same rights which he would have under the last preceding
clause if the work had been taken out of the contractor's hands
under the clause.

Inspection and testing 14. The Engineer and his duly authorized representatives, shall
have at all reasonable time access to the contractor's premises, and
shall have the power at all reasonable times to inspect and examine
the materials and workmanship of the plant during its manufacture
there and if part of the plant is being manufactured on other
premises the contractor shall obtain for the Engineer and for his
duly authorised representatives permission to inspect its as if the
plant manufactured on the Contractor's own premises.

The Engineer shall, on giving seven day's 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 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, provided that if such notice be not sent
to the contractor within reasonable time after the grounds upon
which such notice is based have come to the knowledge of the
Engineer, he shall not be entitled to reject the said plant
workmanship on such grounds. Unless specifically provided
otherwise all tests shall be made at contractor's work before
shipment. The contractor shall, if required, give the Engineer notice
of any material being ready for testing, and Engineer, or his said
representatives if so desired shall, on giving twenty-four hour's
previous notice in writing to the contractor attend at the contractor's
premises within seven days of the date on which the material is
notified as being ready, failing which visit the contractor may
proceed with the tests, which shall be deemed to have been made
in Engineer's presence and he shall forthwith forward to the
Engineer duly certified copies of the tests in duplicate.

Test at Contractor's In all cases where the contractor provides for tests, whether at the
Premises premises of the contractor or of any sub-contractor the contractor,
except where otherwise specified shall provide free of charge such
labour, materials, electricity, fuel, water, stores apparatus, plant in
accordance with the contract and shall give facilities to the Engineer
or to his authorized representative to accomplish such testing.

If special tests other than those specified in the contract are


required they shall be paid for by the Purchaser as "Variations"
under clause II.

When the tests have been satisfactory completed at the contractor's


works the Engineer shall issue a certificate to that effect.
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(7)

Test on site In all cases where the contract provides for tests on the site, the
purchaser, except otherwise specified, shall provide, free of charge,
such labour, materials, electricity, fuel, water, stores, apparatus and
instruments as may be requisite from time to time and as may
reasonably be demanded, efficiently to carry out such tests of the
plant or workmanship in accordance with the contract.

In the cases of contractor requiring electricity for test on site such


electricity shall be supplied to the contractor in the most convenient form
available.

Delivery of plant 15. The plant or material shall not be forwarded until
shipping/dispatch instructions shall have been given to the
contractor.

Notification of delivery or dispatch in regard to each and every


consignment shall be made to the purchaser immediately after
dispatch or delivery. The Supplier shall further supply to the
Consignee a priced invoice and packing account of all stores
delivered or dispatched by him. All packages, containers, bundles
and loose materials forming part of each and every consignment
shall be described fully in the packing account, and full details of the
contents of packages and quantity of materials shall be given to
enable to consignee to check the stores on arrival at destination.

Engineer's Supervision 16. The manufacture and supply of plant shall be carried out under the
direction and to the reasonable satisfaction of the Engineer.

Engineer's decision 17. In respect of all matters which are left to the decision of the
Engineer including the granting or with holding of certificates, the
Engineer shall if required to do so by the Contractor, give in writing
a decision thereon, and his reasons for such decision. If the
decision is not accepted by the contractor the matter shall at the
request of the contractor be referred to arbitration under the
provision for arbitration hereinafter contained, but subject to the
right of reference to arbitration such decision shall be final and
binding on the contractor.

Liability for accident and 18. The contractor shall be responsible for loss, damage or
damage depreciation to goods up to delivery at site.

Replacement of defective 19. If during the progress of manufacture of supply or plant the
plant or materials Engineer shall decide and notify in writing to the contractor that the
contractor has manufactured any plant or part of plant unsound or
imperfect, or had supplied any plant inferior in quality to that
specified, the contractor on receiving details of such defect or,
deficiency shall, at his own expense, within such time that may be
reasonably necessary for the purpose proceed to alter, reconstruct
or remove such plant or part of plant, or supply fresh materials up to
the standard specification and in case the contractor shall fail
to do so, the Purchaser may, on giving the contractor seven day's
notice in writing of his intention to do so proceed to alter,
reconstruct or remove such plant or part of plant, or supply
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(8)

of all such materials at the contractor’s cost provided that nothing in


this clause shall be deemed to deprive the Purchaser of or affect
any rights under the Contract which he may otherwise have in
respect of such defects or deficiencies.

Deduction from 20. All costs, damages of expenses which the Purchaser may
contract price have paid for which under the contract the contractor is liable may
be deducted by the Purchaser from any money due or which may
become due by him to the contractor under this contract, or may be
recovered by suit or otherwise from the contractor.

Any sum of money due and payable to the contractor (including


security deposit returnable to him) under this contract may be
appropriate by the Purchaser and set off against any claim of the
Purchaser for the payment of a sum of money arising out of or
under any other contract made by the contractor, with the
Purchaser.

Terms of payment 21. (1) Subject to any deduction which the Purchaser may be
authorised to make under the contract, or subject to any additions
or deductions provided for under clause 11, the Contractor shall, on
the certificate of the Engineer, be entitled to payment as follows:

(a) Ninety percent of the f.o.r. contract value of the plant in


rupees on receipt by the purchaser of the contractor's
invoice giving the number and date of railway receipt
covering the dispatch of the plant from the Indian port
and of the advice note giving case number and
contents, together with a certificate by the contractor to
the effect that the plant detailed in the said advice note
has actually been dispatched under the said railway
receipt and that the contract value of the said plant so
dispatched is not less than the amount entered in the
invoice.
(b) Ten percent of the f.o.r. contract value on presentation
of the contractor's invoice when each commercially
useable section of the plant is completed and the last
portion of such section has been dispatched and the
whole material has been delivered at the place fixed for
delivery and checked at the site of the work or, within
one month of such delivery, whichever is earlier.

Provided that each of the payments under this clause shall be due
on the last day of the month in which the invoice for the amount due
together with necessary documents is received by the Purchaser:

Provided also that the Purchaser shall not be bound to make any
payment under sub-clause (a) unless the amount of such payment
represents at least 8 percent of the total contract value of the plant.
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(9)

2. If at the time at which the last installment becomes payable


there are minor defects in the plant which are not of such
importance as to affect the full commercial use of the plant, then the
Purchaser shall be entitled to retain such part of the installments as
represents the cost of making good such minor defects and any
sum so retained shall, subject to the provision of clause 30, become
due upon such minor defects being made good.

3. If the Purchaser desires that the plant or any portion should


not be dispatched by the Contractor when it is due for dispatch, the
Contractor shall for such plant or portion at his works and be
responsible for all risks. For such storage the Purchaser shall pay to
the contractor at a rate to be mutually agreed upon between the
parties, but not exceeding 5s (five shillings) per ton per week
payable quarterly plus interest @ 1 percent per annum above the
current rate of the State Bank of India, on 80% of the contract value
of the plant or portion thereof so stored, for the period from the date
on which the said plant or portion thereof so stored for the period
from the date on which the said plant or portion becomes due and is
ready for shipment up to the date on which it is actually shipped.

Provisional sums 22. In any case where the contract price includes a provisional
sum to be provided by the contractor for meeting the expenses of
extra work or for work to be done or material to be supplied by a
sub-contractor, such sum shall be expended or used, either wholly
or in part or be not used at the discretion of the Engineer and
entirely as he may decide and direct. If no part or only a part thereof
be used, then the whole or the part not used, as the case may be
shall be deducted from the contract price. If the sum used is more
than such provisional sum the contractor shall pay the excess. In
the case of material supplied or work done by a sub-contractor, the
total of the net sum paid to the sub Contractor on account of such
materials or works and a sum equal to 10% of such net sum
allowed as contractor's profit shall be deemed to be the sum of
used. Non of the work or articles to which such sum of money refers
shall be done or purchased without the written order of the
Engineer. The Contractor shall allow the subcontractors every
facility for the supply of materials or execution of their several works
simultaneously with his own, and shall, within fourteen days after
the Engineer has requested him in writing to do, so pay the dues of
such sub-contractors on account of such materials or works,
PROVIDED ALWAYS that the contractor shall have no
responsibility with regard to such works or articles unless he shall
have previously approved the sub-contractor and/or the material or
plant to be supplied.

Certificate of Engineer 23. (1) Every application to the Engineer for a certificate
must be accompanied by a detailed invoice (in duplicate) setting
forth in order of the Schedule of Prices, particulars of the plant
supplied and the certificates as to such plant as in the reasonable
opinion of the Engineer, in accordance with the contract shall be
issued within fourteen days of the application for the same.
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(10)

(2) The Engineer may, by any certificate make any correction or


modification in any previous certificate which shall have been
issued by him and payments shall be regulated and adjusted
accordingly.

Certificate not to effect 24. No certificate of the Engineer on account, nor any sum paid on
right of the Purchaser or account by the Purchaser, nor any extension of time granted under
Contractor clause 26 shall affect or prejudice the rights of the Purchaser,
against the Contractor either under this Agreement or under the
law, or relieve the Contractor, of his obligations for the due
Performance of the Contract or be interpreted as approval of the
plant manufactured or supplied, and no certificate of the Engineer
shall create liability on the Purchaser to pay for any alteration,
amendments, variations or additions not ordered in writing by the
Engineer, or absolve the Contractor of his liability for the payment of
damages whether due, ascertained or certified or not, or of any
such sum against the payment of which he is bound to indemnify
the Purchaser nor shall any such certificate nor the acceptance by
him of any sum paid on account otherwise affect or prejudice the
rights of the contractor against the Purchaser either under this
Agreement or under the law.

Suspension of works 25. The Purchaser shall pay to the Contractor all reasonable
expenses incurred by the Contractor by reason of suspension of the
manufacture of plant or delay in shipment by order in writing of the
Purchaser or the Engineer unless such suspension or delay shall
be due to some default on the part of the Contractor or Sub-
Contractor.

Extension of time for 26. The time given to the Contractor for dispatch or delivery
completion shall be reckoned from the date of receipt by the Contractor of the
order, together with all necessary information and drawings, to
enable the work to be put in hand.

In all cases in which progress shall be delayed by strikes lockouts,


fire, accidents, defective materials delay in approval of drawings or
any cause whatsoever beyond the reasonable control of the
Contractor, and whether such delays or impediment shall occur
before or after the time or extended time, for dispatch or delivery, a
reasonable extension of time shall be granted.

Price reduction 27. If the Contractor shall fail in the due performance of his
Contract with in the time fixed by the purchaser or any extension
thereof, the contractor agrees to accept a reduction of the Contract
price by half percent per week reckoned on the contract values of
such portion only of the plant as cannot in consequences of the
delay be used commercially and efficiently during each week
between the appointed or extended time, as the case may be and
actual time of acceptance under clause 29, and such reduction shall
be in full satisfaction of the Contractor's liability for delay but shall
not in any case exceed 10 percent of the contract value of such
portion of the plant.
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(11)

Rejection of defective 28. If the completed plant or any portion thereof, it is


plant taken over under clause 29 be found to be defective or fails to fulfill
the requirements of the contract, the Engineer shall give the
Contractor notice setting forth particulars of 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 Contract. If the
Contractor fails to do so within a reasonable time the Purchaser
may reject and replace, at the cost of the Contractor, the whole or
any portion of the plant as the case may be which is defective or
fails to fulfill the requirements of the Contract. Such replacement
shall be carried by the Purchaser within a reasonable time and a
reasonable price, and where reasonably possible to the same
specification and under competitive condition.

In case of such replacement by the purchaser the Contractor shall


be liable to pay to the Purchaser the extra cost, if any, of such
replacement delivered and/or erected as provided for in the original
Contract, such extra cost being the ascertained difference between
the price paid by the purchaser, under the provisions above
mentioned for such replacement and the Contract price for the
plant so replaced and also to repay any sum paid by the purchaser
to the Contractor in respect of such defective plant. If the purchaser
does not so replace the rejected plant within a reasonable time, the
Contractor shall be liable only to repay to the Purchaser all moneys
paid by the Purchaser to him in respect of such plant.

In the event of such rejection, the Purchaser shall be entitled to the


use of the plant in a 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 be entitled to reasonable sum as payment for such
use.

Taking over 29. Where the specification calls for performances test before
shipment and these have been successfully carried out, the plant
shall be accepted and taken over and the Engineer shall notify the
Contractor to that effect. When the specification calls for tests on
site the plant shall be taken over immediately after such tests have
been satisfactorily carried out and the Engineer shall notify the
Contractor to that effect.

Such notification shall not be unreasonably withheld, nor shall the


Engineer delay giving such notification on account of minor
omission and defects, which does not necessarily delay shipment
nor affect the commercial use of the plant without any serious risk.
PROVIDED ALWAYS that the Contractor undertakes to make good
such omissions and defects at the earliest moment.
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(12)

Maintenance 30. For period of 36 (Thirty Six) calendar months commencing


immediately upon the setting to work of the plant or 42 (Fourty Two)
months from the date of receipt of equipment by the Purchaser at
site whichever is earlier called “the Maintenance period" the
Contractor shall remain liable to replace any defective parts that
may develop in plant of his own manufacture or those of his sub-
contractors approved under clause 6, under conditions provided for
by the contract under proper use and arising solely from design,
materials or workmanship.

PROVIDED ALWAYS that such defective parts are not repairable


at site and are not essential in the meaning to the maintenance in
commercial use of the plant are promptly returned to the
Contractor's work at the expense of the Contractor or unless
otherwise arranged.

If it becomes necessary for the Contractor to replace or renew any


defective parts of the plant under this clause, the provisions of the
first paragraph of this clause shall apply to the parts of the plant so
replaced or removed until the expiration of six months from the date
of such replacement or renewal or until the end of the above
mentioned period of twelve months whichever may be later.

If any defect be not remedied within a reasonable time the


Purchaser may proceed to do the work at the Contractor's risk and
expense, but without prejudice to any other right which the
Purchaser may have against the Contractor in respect to such
defects.

The repaired or new parts will be delivered in accordance with


clause 10. The Contractor shall bear reasonable cost of minor
repairs carried out on his behalf at site.

At the end of "The Maintenance Period" the Contractor's liability


shall cease. In respect of goods not covered by the first paragraph
of this clause, the Purchaser shall be entitled to the benefit of any
guarantee given to the Contractor by the original supplier or
manufacturer of such goods.

Arbitration 31. If any dispute, difference or controversy shall at any time


arise between the Contractor on the one hand and the UP Power
Transmission Corporation Ltd. and the Engineer of the contract on
the other touching the contract, or as to the true constructions,
meaning and intent or any part or condition of the same, or as the
manner of execution or as to the quality or description of or
payment for the same, or as to the true intent, meaning,
interpretation, construction or effect of the clauses of the contract,
specifications or drawings or any of them, or as to any thing to be
done, committed or suffered in pursuance of the contract or
specifications or to the mode of carrying the contract into effect, or
as to the breach, or alleged breach of the contract, or as to any
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(13)

claims, on account to such breach, or alleged breach or as to


obviating or compensating for the commission of any such breach,
or as to any other matter or thing whatsoever connected with or
arising out of the contract, and whether before or during the
progress or after the completion of the contract, such question,
difference or dispute shall be referred for adjudication to the
Chairman, UP Power Corporation Limited or to any other person
nominated by him on his behalf and his decision in writing shall be
final binding and conclusive in case of refusal/neglect by such
nominee, C.M.D. U.P. Power Transmission Corporation Ltd. may
nominate another person in his place. This submission shall be
deemed to be a submission to arbitration within the meaning of the
India Arbitration Act 1940 or any statutory modification thereof. The
arbitrator may from time to time with consent of the parties enlarge
the time for making and publishing the award.

Upon every or any such reference, the cost of an incidental to the


reference and award respectively shall be in discretion of the
arbitrator, who shall be competent to determine the amount thereof
or direct the same to be taxed as between solicitor and client or as
between party and to direct by whom and to whom and in what
manner the same shall be borne and paid.

Work under the contract shall if reasonably possible, continue


during the Arbitration proceedings and no payments due or payable
by the UPPTCL shall be withheld on account of such proceedings.

Construction of 32. The contract shall in all respect be construed and operated
contract as a Contract as defined in the Indian Contract Act, 1872, and all
payments there under shall be made in rupees unless otherwise
specified.

Marginal Notes 33. The marginal notes to any clause of this Contract shall not
affect or control the construction of such clause.
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(14)

FORM OF AGREEMENT
(REFERRED TO IN CLAUSE -3)
THIS AGREEMENT made on the --------------------------- day of -------------2017---------BETWEEN----
--------------------- (hereinafter referred to as the “Contractor”) of the one part AND the U.P. Power
Transmission Corporation Limited (hereinafter called “Purchaser”) of the other part

WHEREAS the purchaser is about to erect and maintain the ----------------------------------------------


(hereinafter called “the works”) and for the purpose requires the plants and machinery mentioned and
specified in certain general conditions, Specifications, Schedules, Drawings, Form of tender, covering
letter and schedule of price which, for the purpose of identification has been signed by ------------------------
-------- on behalf of the Contractor and -------------------------- (the engineer of the Purchaser) on behalf of
the Purchaser and all of which are deemed to form part of this contract as though separately set out
herein and are included in the expression “Contract" whenever herein used.

AND WHEREAS the Purchaser has accepted the tender of the Contractor for the supply and
delivery of the said plant and machinery for the sum of -------------------------------- upon the terms and
subject to the conditions hereinafter mentioned.

NOW THESE PRESENT WITNESSES and the parties hereto hereby agree and declare as
follows, that is to say, in consideration of the payment to be made to the Contractor by the purchaser as
hereinafter mentioned the Contractor shall and will fully provide the said plant and machinery for the said
works on the terms and conditions mentioned in the Contract.

AND in consideration of the due provisions of the said plant and machinery by the Contractor and
due performance of this part of the contract, the purchaser does hereby for himself, his successors or
assigns convenant with the Contractor that he (the Purchaser), his successor or assigns will pay to the
Contractor the said sum of ----------------------------- or such other sum as may become payable to the
Contractor under the provision of the Contract, such payments to be made at such time and in such
manner as is provided by this contract.

IN WITNESS WHEREOF the Parties here to have signed this Deed here under on the dates
respectively mentioned against the signature of each.

(Signed) (Signed)
(for & on behalf of the Purchaser) (Contractor)
(date) (date)

in the presence of in the presence of

(date) (date)

(date) (date)
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64

(15)

PROFORMA OF GUARANTEE BOND FOR SECURITY DEPOSIT


(To be used by approved Scheduled Bank)

1. In consideration of the U. P. Power Transmission Corporation Ltd, Meerut (hereinafter called “the
corporation”) having agreed to exempt --------------- (hereinafter called "the Contractors") from the
demand, under the terms and conditions of Agreement dated ............. made between ---------------
---------- and ---------------------------- for ------------------------ (hereinafter called “the said Agreement”)
of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions
contained in the said Agreement on production of a Bank Guarantee for Rs. -----------------
(Rupees---------------------only). We ----------------- Bank Ltd. (hereinafter referred as “The Bank”) do
hereby undertake to pay to the Corporation an Amount not exceeding Rs. ---------------------
against any loss of or damage caused to or suffered or would be caused to or suffered by the
Corporation by reasons of any breach by the said Contractor(s) of any of the terms and
conditions contained in the said Agreement.
2. We ------------------------- Bank Ltd. do hereby under take to pay the amount due and payable under
this guarantee without any demur, merely on demand from the Corporation stating that amount
claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Corporation by reason of any breach by the said Contractor of any of the terms or conditions
contained in the said Agreement or by reason of the Contractor’s(s) failure to perform the said
Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this guarantee. However, our liability under this guarantee shall
be restricted to an amount not exceeding Rs. ----------
3. We ----------------------- Bank Ltd. further agree that the guarantee herein contained shall remain in
full force, and effect during the period that would be taken for the performance of the said
agreement and that it shall continue to be enforceable till all the dues of Corporation under or by
virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the
Corporation or their only authorised officer certified that the terms and conditions of the said
agreement have been fully and properly carried out by the said Contractor(s) and accordingly
discharge the guarantee. Unless a demand or claim under this guarantee is made on us in writing
on or before ------------------------- we shall be discharged from all liability under this guarantee
there after.
4. We----------------------Bank Ltd further agree with the Corporation that the Corporation shall have
the fullest liberty without affecting in any manner or obligation hereunder to vary any of the terms
and conditions of the said agreement or to extend time of performance by the said Contractor(s)
from time to time or to postpone for any time or from time to time any of the powers exercisable
by the Corporation against the said Contractor(s) and to forbear or enforce any of the terms and
conditions relating to the said Agreement and we shall not be relieved from our liability by reason
of any such variation, or extension, or extension(s) being granted to the said Contractor(s) or for
any forbearance, act of omission on the part of the Corporation or any indulgence by the
Corporation to the said Contractor(s) or by any such matter or thing whatsoever which under the
law relating to sureties would but for this provision have effect of so relieving us.
5. We ------------------------- Bank Ltd. lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the Corporation in writing.
6. Not withstanding any thing contained above the liability of the guarantor hereunder is restricted to
the said sum of Rs.------------------------- and this guarantee shall expire on the -----------------------
day------------------------- of------------------------- 200 --------. Unless a claim under the guarantee is
filled with the guarantor within six months of such date, all claim shall lapse and the guarantor
shall be discharged from the guarantee.

Dated the -------------------------day of -------------------------2017

For ------------------------- Bank Ltd.


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(16)

PROFORMA FOR PERFORMANCE BANK GUARANTEE


U.P. POWER TRANSMISSION CORPORATION LIMITED
THIS DEED OF GUARANTEE made on the -------------------day of ---------------------2017 by the ---
----------------------(hereinafter called “the Guarantor”) of one part IN FAVOUR of the U.P. Power
Transmission Corporation Ltd. (hereinafter called “the Purchaser”) of the other part. One part IN
FAVOUR of the UPPTCL (hereinafter called “the said Contract”) of the other part.

WHEREAS in accordance with the contract agreement dated the ---------------day of ------------ the
Purchaser & Messers ------------------------- a company within the meaning of the Companies Act and
having its registered office at ------------------------- (hereinafter called “the Contractor”) the Contractor
agrees to supply to the Purchaser the ------------------------- as provided in the said Contract.

AND WHEREAS the payment terms under the said Contract provide that in order to take 100%
payment of the Contract value the Contractor shall furnish to the Purchaser a Bank Guarantee in the sum
of 10% value of each consignment dispatched valid for ------------------.

AND WHEREAS instead of furnishing separate guarantee as aforesaid the Contractor wishes to
furnish one guarantee in the sum of 10% value of the Contract valid for ------------------------- and reckoned
from the date ---------------.

NOW THIS DEED WITNESSES AS FOLLOWS


1. In consideration of the promises the Guarantor hereby undertakes that the Contractor shall duly
supply the aforesaid material of the correct quality and strictly in accordance with the said
Contract failing which the Guarantor shall pay to the Purchaser on demand such amount or
amounts as the Guarantor may be called upon to pay to the maximum aggregate of Rs. ------------
------------- being 10% of the Contract value.
2. The Guarantor shall pay to the Purchaser on demand the sum under clause 1 above without
demur and without requiring the Purchaser to invoke any legal remedy that may be available to it
to compel the Guarantor to pay the same or to compel such performance by the Contractor,
Provided that where the Guarantor considers the demand of the Purchaser unjustified, shall
never the less pay the same though under protest to the Purchaser and shall not with hold
payment on that account.
3. This guarantee shall come into force from the date hereof and shall remain valid for -----------------
calendar months from the date of the ----------------of the last consignment of goods dispatched
which date of dispatch according to contract is the -------------day of ---------------. If however, the
period of the contract is for any reason extended thereby extending the said date, and upon such
extension, it the contractor fails to furnish a fresh or renewed Bank Guarantee for the extended
period, Guarantor shall pay to the Purchaser the said sum of Rs.------------------------- or such
lesser sum as the Purchaser may demand.
4. The guarantee herein contained shall not be affected by any change in the Constitution of the
Guarantor or of the Contractors.
5. Any account settled between the Contractor and the Purchaser shall be conclusive evidence
against the Guarantor of the amount due and shall not be questioned by the Guarantor.
6. The neglect or forbearance of the Purchaser in enforcement of payment of any money the
payment whereof is intended to be hereby secured or the giving of time by the Purchaser for the
payment thereof shall in no way relieve the Guarantor of its liability under this deed.
7. The Purchaser and the Contractor will be at liberty to carry out any modifications in the said
Contract during the terms of the said Contract and any extension thereof, notice of which
modification to the Guarantor is hereby waived.
8. The expression “The Purchaser” and “The Guarantor” and “The Contractor” shall unless there be
anything repugnant to the subject or context include their respective successors and assigns.
9. Notwithstanding any thing contained above, the liability of the Guarantor hereunder is restricted to
the said sum of Rs.------------and this guarantee shall expire on the -------------- day of -------------
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(17)

unless claim under the guarantee is filed within six months of such date, all claims shall lapse and the
Guarantor shall be discharged from the Guarantee.

IN WITNESS HEREOF

For and on behalf of the Guarantor has signed this deed on the day and year first above written.

Witness:

1. ……………………………………

…………………………………. Signed by

2. ………………………………….

…………………………………. For and on behalf of the Guarantor


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(18)

FORM OF BANK GUARANTEE


(For depositing earnest money in case the amount for deposit exceeds Rs. 5,000)

To

The Chief Engineer (Transmission West)


U.P.Power Transmission Corporation Ltd.,
‘’Pareshan Bhawan” 130-D,Victoria Park,
Meerut.

Sir,

WHEREAS, Messers ------------------------- a company incorporated under the Indian Companies Act, its
registered offices at -------------------------a firm registered under the Indian Partnership Act and having its business
office at ----------------- son of -------------------- resident of -------------------------carrying on business under the firm's
name and style of Messers ------------------------- at ------------------------- / Sri------------------------- son of ---------------------
----resident of -------------------------at ---------------- / Sri -------------------------son of ------------------------- resident of --------
----------------- / Sri ------------------------- son of -------------------------resident of --------------- / Sri-------------------------son of
------------------------- resident of -----------------of--------partners carrying on business under the firm's name and style
of Messer -------------------------at-------------------------which is a registered partnership (hereinafter called “The
Tenderer”) has/have in response to your Tender Notice against specification number--------- for -------------offered to
supply and/or execute the works contained in the Tenderer's letter no------------------------.

AND WHEREAS the Tenderer is required to furnish you a bank guarantee for the sum of Rs.-------------------
------as earnest money against the tender's offer as aforesaid.

AND WHEREAS we -------------------------------------------------- (name of the Bank), have at the request of the
Tenderer agree to give you his guarantee as hereinafter contained.

NOW THEREFORE in consideration of the promises We, the undersigned, hereby convenant that the aforesaid
tender of the Tenderer shall remain open for acceptance by you during the period of validity as mentioned in the
tender or any extension there of as you and the Tenderer may subsequently agree and if the Tenderer shall, for
any reason back out, whether expressly or impliedly, from his said tender during the period of its validity or any
extension thereof as aforesaid we hereby guarantee to you the payment of the sum of Rs.-------------------------on
demand, notwithstanding the existence of any dispute between the UP Power Transmission Corporation Ltd, and
the Tenderer in this regard AND We hereby agree as follows:

a. That you may without affecting this guarantee grant time or other indulgence to or negotiate further with the
Tenderer in regard to the conditions contained in the said tender and hereby modify these conditions or
add there to any further conditions as may be mutually agreed upon between you and the Tenderer.
b. That the guarantee herein before contained shall not be affected by any change in the constitution of our
Bank or in the constitution of the Tenderer.
c. That any account settled between you and the Tenderer shall be conclusive evidence against us of the
amount due here under and shall not be questioned by us.
d. That this guarantee commences from the date hereof and shall remain in force till the Tenderer, if his
tender is accepted by you, furnished the security as required under the said specifications and executes a
formal agreement as therein provided or (till four months after the period of validity) or the extended period
of validity, as the case may be, of tender, whichever is earlier.
e. That the expressions “Tenderer” and “The Bank” and “The UP Power Transmission Corporation Ltd.”
herein used shall, unless such interpretation is repugnant to the subject or context, include their respective
successors and assigns.

Yours faithfully

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