NORTH BIHAR POWER DISTRIBUTION CO.LTD.

(Reqd Office:Vidvut Bhawan Bailev Road Patna)

Letter No: RIq77V χ″ θ′5子′

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From,B. K Choudhary,Chie, Engineer, Projects-l.

To,

M/s Godrej & Boyce MIg. Company Limited,Pirojsha Nagar, Vikhroli, lvlumbai400 079.

lLetter of Award for Supplyl

Sub: - Letter of Award for supply of materials & equipments for "composite work of Supply

& Erection work of 33/11 KV PSs, Augmentation of Power transformers &

Distribution Transformers, New & R&M of 33 KV lines, New 11 KV lines, R&M of L1

KV Lines (Partly AB Cable), New & R&M of LT Lines (Partly AB Cable), New & R&M of

DSS etc on turnkey basis for Strengthening, Improvement & Augmentation of

Distribution system under Special Plan (BRGF) scheme Phase'll, Balance work of

PhaseJ and Phase-ll (Part-C) in N,luzaffarpur Vaishali, Sitamarhi and Sheohar district

against NtT No: 229,/PR/NBPDCt/2014.

R.f, 1, NVRFP NO' 22\/PR/NBPDCL/20L4.

2. Your Offer Letter Nor GNB/229lPR/NBPDCU2014 dated 03.01.2015.

3. This Office Letter Nor 328 dated 15.01.2015.

4. Board Of Director's 44th Meeting Resolution No.44'05.03 dated 03.02.2015

Oear Sir,

With reference to your offer submitted against RFP Noi 229IPR/NBPDCL/2014,

subsequent clarifications and your submission vide your letter no.

GNB/229IPR,/NBPDCL/2014/REPLY dated 17.0I.2015, we confirm a.ceptance of your bid

price read in conjunction with the Specifications, Terms and (onditions of the bddrllg

documents and award on you a contract (herein atter refer to as "First Contract" or "Supply

Contract") for supply of all equipments and materials Composite work of supply & Erection

work of 33/11 KV PSS, Augmentation of Power transformers & Distribution Tran5formers,

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R&M of LT Lines (Partly AB Cable), New & R&M of DSS etc on turnkey basis lor

Strengthening, Improvement & Augmentation ol Distribution system under Special Plah

(BRGF) scheme Phase-ll, Balance wo* of Phase-l and Phase-ll (Part-C) in Muzaffarpur

Vaishali, Sitamarhi and Sheohar dastrict and other works as set forth in the Bidding

documents bearing RFP No: 22glPR/NBPDCV2014.

1. Scope of work:

The scope of work under this package shall include but not limited to the following:

This includes survey, engineerinq, de5i9n, preparation of all drawings, testing of the material5

at manufacturers works, supply of materials and equipments as per technical specifications,

loading, unloading, transportation, delivery, storage at works sites, erection and

commissioning in all respect of 33/1lKV PsS, augmentation & renovation of 33/11 XV PSS

includihg associated Civil works, 33 KV & 11 KV Lines etc and allied works including supply

of all related materials on turnkey basis and handing over of the same to NBPDCL. Detailed

scope of work is specified in the technical specification which interalia includes the

followings.

Any other item of work not specifically mentioned above but is required for erection, testing

& commissioning and satisfactory operation ol the 33/11 KV PSs, New/renovated 33 KV &

11 KV lines, Nedrenovated tT Lines, NeuAugmented Power Transformer etc,

NevAugmented Distribution transformer and any other equipment installed under the

contract etc are deemed to be included in the scope of contractor unless 5pecifically

excluded.

The scope of work shall cover the works in complete conformity with the tender specification

and the works specified-

lv. All civil works required for completion of the work shall be deemed to be included in the

scoPe of work.

v. Satisfactory and safe operation of the complete 33,/11 KV PSS, New/renovated 33 KV & 11

KV lines, new/renovated LT Lines, New/Augmented Power Transformer etc, New/Augmented

Distribution transformer and any other equipment installed under the contract etc shall be

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Detail survey, identification inclLlding route alignment, profiling, po e spotting

submission/approval of drawing, a! per direction of Chief Engineer/Engineer In-Charge for

NeWR&M of 33111 KV PSS,33 KV lines, 11 KV lines, LT lines, Distribution Transformers and

for other associated works etc.

Walk through identification of the ele.trical network

execution of the work.

Preparation of all relevant drawings.

x.

Detail survey, ldentification and assessment of R&M work of the 33/11 KV P55, 33 KV lines,

11 KV lines !4ith respect to proper loading of the system/network.

All olher relevant, associated, required works

The Scope of work doe s nolinclude dittribution frrnchise ar.a.

2. Contract oricci

The total contract price for the scope of suppiy for completion of works as contained in

the tender documents thall be Rs. 3,02,91,92,907.00/' (Rs. Three Hundred Two Crores Ninetv

One Lacs Ninety Two Thousand Nine Hundred Seven only) (as detailed in Annexure-l'A & lB)'

which is inclusive of all taxes, duties, insurance, freight (except State or Local taxes like entry

tax/octroi) etc.

3. Pric6:

The prices shall remain "FIRM" excePt gpecified as in APpendix 2: Price Adjustment Clause

1.0 of RFP/ NIr.

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4. Ouantit!r:

NBPDCL have taken reasonable care to correctly assess the requirement/ /quantity

mentioned in the tender notice and general conditions but due to inherent nature of the

contract, it is to be noted by the contractors that such requiremenvquantity are apploxirnate

actual and sLlbject to increase or decrease as the case may be' No claim will be entertained

for the decrease in quantity or elimination of items tendered' Any minor work required for

comptetion of the job and not mentioned in the tender specifications shall be done by the

contractor without extra cost to NBPDCL. Nonethetess if it is jointly assessed by the Employer

and the Contractor that any major item/component of the work essential for completion rs

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in the project area lor planning the

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not included in the specification (and is of such nature that has to be necessarily be inclucj'ed

separately), then cost of such items shall be negotiated between Employer and Contractor. It

is nevertheless understood by both Employer and the Contractors that such a provrsion is

enabling in nature and is to be used in only exceptaonal circumstances in genuine deserving

cases of omission from specifications of major items.

The scope of work under this tender/contract shall be generally as detailed under this

tender specification. The Owner reserves the right to increase or de(rease the quantities of

works/items covered under this contract during its execution without any change in the

rates, terms and conditions. There shall be no limit of quantity for the individual items but

the total varaations in all such items shall be timited to +20% ptus twenty percent of the

aontract prices without any change in unit rates, term5 and conditions.

Also, the quantities of individual items may exceed LOA quantity as per site

requirement within the approved lump-sum award cost. The Contractor shall be responsible

for supply and execution of such enhanced quantity for completion of the works after

approval of competent authority.

The contractor shall be paid for such finalized quantity at the unit rate indicated in

the Letter of Award/Contract.

ii. lf any non schedule item is required due to field requirement during execution of work whrch

is not covered in the bid proposal, the rate such atem may bejudacaously decided after proper

rate analysis in special circumstances and the rates so decided sha be mutually agreed to

between the Employer and the Contractor as full and final settlement for that item.

5. Time of completion:

i. The completaon period for the work under Bid shall be Two (2) years as per RFp/NlT

ii. The work shall be considered to be completed only when the Electricat Superintending

Engineer under whom the work is being carried out will issue certificate to this effect.

iii. Strict adherence to the time schedule for pe(orming the works specified in the tender

specification sha‖ be the essence of the contract

iv. As per the MIestOnes specified in Nrr/RFP, The

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following timeline has been provided fo.

Page 4 o(32´

suppty/229

SI No Period after awad ot work (D.r. ot LOA) Bi l,ubmis,ion S`hedule

1 9 Иヽonths 15% of the awarded work value

2 15ヽИonths 0% of the awarded work value

3 21 Иヽonths 57o % ot the awarded work value

4 24ヽИonth5 100 % of the awarded work va ue

v, Ihe contractor shall submit a detailed PERT Nehvork/Bar chan withln the tirne frame agreed

and as per milestone consisting of adequate number of activities coverinq var ous key phases

of the work sLlch as survey, design, Procurement, manufacturing, shipment and field erectlon

testing & commissioning activities within fifteen (15) days from the date of agreement of the

Contract for approval by Chief Engineer' This network shall also indcate the inter face

facilities to be provided by the NBPDcVowner and dates by wh ch such facilitles are needed

Finalization of the Network/bar charts will be precondition to release of any lnitial advance

payment to the contractor. During the performance of the contract, if in the opinion of the

Engineer in charge, proper progress is not maintained, suitable changes will be made n the

contractor's operations to ensure proper progress without any cost implcation to the

NBPDCV Owner. The interface facilities to be provided by the NBPDCL/owner in accordance

with the agreed network shall also be reviewed while reviewing the progress of the

contractor,

vi. The PERT Cha BAR Chart shall include all a.tivities included n scope of Work separately

vii. Based on the above-agreed Network/Bar chart, weekly/fortnightly/Monthly progress report

shall be submitted by the contractor as directed by the Engineer in charge/NBPDCL

viii. Subsequent to the finalization of the Network, the contractor shall make avai able to the

Engineer in charge/NBPDCL a detailed programme in line with the agreed Contract Network.

Such programme shall be reviewed, up dated and submitted to the Enqineer in

charge/NBPDCL regularly.

Contract performance guarantee (Securiw DePosit) & Performan<e Guarantee:

The successful bidder shall furnish to the NBPDCL/Employer a Contract Performance

Guarantee (Security Deposit) & Performance Guarantee against the contract as Per the terms

prescribed below.

An amount ol l)ok ol total contract value (supply & erection) towards successfLrl

performance of the contract in terms of conditions of the contra.t

:

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Supptyl229

The amount of security money /CPG deposited shall be refunded after successiul

completion of the entire work & taking over of the project & submission ol performance

guarantee.

li, Validity of Bank Guarantee for CPG will be 60 days beyond schedute comptetion period of rhe

project and will be extended till actual successful comptetion of the enrire work and taking

over of the project and submi5sion of performance guarantee.

lil. The performance guarantee shall cover the following guarantee al5o, to the Owner.

iv, The successful bidder guarantees the successful and satisfactory operation of the equipment

furnished and erected under the contract, as per the tender specifications.

v. The Successful bidder further guarantees that the equipment provided and insta|ed by him

shall be free from all defects in design, material and workmanship and shall upon written

notice from the Owner, fully remedy free of expense to the Owner/ 5uch defects as developed

under the normal use of the said equipment within the period of guarantee specified in the

tender specifications.

vi. The contract performance guarantee is intended to secure the performance of the entire

contract. However, it is not to be construed limiting the damages under performance

guarantee clause and damages stipulated in other clauses in the tender document.

vli. The performan(e guaGntee will be returned to the Contractor without any interest at the end

of the period mentioned under clause 34.1.2 above, unless otheMise specified in the tender

specifications.

viii. The Bank Guarantee shall be issued from a Nationalized lndian Bank or Eligibte Scheduled

Eank) (and shall become acceptable to the NBPDCL only after verification by a competent

authority/ officials of the NBPDCL.

ix. The sLrccessful bidder, after receapt of LOA, shall execute the agreement within 30 days of

award of the contract after duly furnishing the 10% bank guarantee. If there is delay beyond

the specified period in submission of contract performance 8G, 15 days notice will be given

to the successful L-l bidder and after which NBPDCL may entail cancellation of letter of

award after giving another 15 days final notice and forfeiting of Earnest Money/bid guarantee

as also detailed under Earnest Money clause.

61 Performance Cuarantee:‐

L To ensure satisfactory performance of works up to the guarantee per od, the contractor shall,

after full completion of the work furnish Eank Guarantee of the amount equal to 5olo (Five

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percent) of the value of the order (supply and erection ptus civil work). The B.c. ot 5%

Submitted against contract performance guarantee may be adjusted against performance

8.G.

In Case some items have guarantee period more than that of project,

corresponding Performance BG witl require to be submitted and the performance BG would

be released only after receipt of such BG.

The validity of Bank Guarantee will be 60 days beyond

guarantee/warrantee/defect ljability peraod as per clause 22.2 of Volume-1, Sect on IV (CCC).

On due performance and execution, of the order in all respects, the BG will be returned the

contractor without any interest on presentation of ,,No Demand Cedificate.,

Failure of ihe successful Bidder to comply with the requirements of fTB Clause 33 or Ctause 34

5hall constitute sufficient grounds for the annulment of the award and forfeiture of the bld

security, in which event the Employer may make the award to the next owest evaluated

Bidder or call for new bids.

Exe<ution of work:

Electrical lxecutive Engineer: project of the respective district shail function as

Engineer in-Charge, who will be assisted by the concerned Assistant Electrica Engineer:

Project and Junior Electrical Englneer: project. The bill wil be submitted to the Engrneer rn

Charge in quadruplicate.

The bills verified by Engineer-in charge and countersigned by the concerned

Electrical Superintending Engjneer of concerned Electric Supply Circle shall be forwarded tothe Chief Enqineer.

The Scope of Work as indicate in RFp/NtT.

NBPDCL resetues the right to include any incjdental/associated work coosidered

necessary during execution, which has not been covered in the project. The rate of such

works will be payables as per the quoted rates by agency in BOe. In case of non_availability

of rates in BOQ for su.h additional items/works, the rates will bejud cio!sty decided by the

NBPDCL.

Any Civil Work with regard to modification/alteration/extension in 33/11 KV power

Sub Station required on account of aforesaid works, not covered under the scope ofwork/8oQ, will have to be carried out by the agency as per schedule of rates of such civrl

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The volume of work indicated rn Annexure is tentative and may vary. The NBPDIL

reserves the right to change the volume oI work as per actual field requirement to be

decided by NBPDCL.

Any discrepancy between specification and bid if not specifically/clearly brought out

in the schedule will not be considered as a valid deviation.

ln case of items/works for which price has not been quoted by agency in price bid, it

shall be deemed as 'Zero' price for such items.

7-l Powe. to varv or omit wo.k:

No alterations, under the contract shall be made by the contractor except as

directed in writing by the NBPDCL, but the NBPDCL shall have flrll power slbje(t to the

provision hereinafter contained from time to time during the execution of the contract by

notice in writing, to instruct the Contractor to make such variation without prejudice to the

contract and the contractor shall carry out such variations and be bound by the same

conditions as far as applacable, as though the same variation occurred in the contract.

If any suggested variations would, in the opinion of the contractor, rf (arned oot,

prevent him from fulfilling any of his obligations, or guarantees under the contract, he shall

notify the NBPDCL thereof in writing and the NBPDCL shall decide fo(hwith whether or nol

the same shall be carried out and if the NBPDCL conflrms his instructions, the Contractor's

obligations and guarantees shall b€ modified to such an extent as may bejustitied.

7.2 Subletting of contract

i. The Contractor shall not subcontract the whole of the Works.

ii. The Contractor may sub(ontract parts of the Work/Facilities with prior written consent of

the Employer.

iii. Subcontracting does not alter the Contractor's obligations in any manne. and the

Contractor shall ensure sufficient superintendence as well as impose such terms and

conditions on the sub-Contractor as are appropriate to the parts of the Works/Facilities to

enable the Contractor comply with his obligations under the Contract.

Statutorv Fee and other charoes:-

The tenderer will be deemed to have made

difficulty associated with the site and work

additronal cost or exoense which need to be/

themselves acquainted with any special

indi.ated in the tender including any

incurred to ensure full compliance with

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74

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current statutory regulation in force. The right of way, !4ay leave, crop compensation,

forest and other clearances will be the responsibility of the contractor and expenditures

towards above if any, shall be borne by the contractor. However, only the statutory fee

towards forest clearance, Railway crossing or any statutory fees, whatsoever, for charging

of equipments and lines etc, if any, shall be paid by NBPDCL. NBPDCL sha extend a

assistance in obtaining the clearances from the Govt. Department

Marking on equipments: All equipments shall be marked Special plan (BRGF) withspecified color coding.

!43LP9!ugE: The tenderer shall have to keep a minimum strength of manpower atsite for execution of the pro.ject as given Clause No-37 of Volume I, Section II olRFP/NIT- However, The tenderer shall keep sufficient experienced strength of manpower in consistence with the target of completion of power sub-stations at siteduring the period of execution.

7,5 Comgliance With Regulations And Bylaws: The Contractor shall conform rn a

aspects with:

i. the provision of any enactment in lndia as applicable from time to time

ii. the regulations or bye-laws of any local body and utilities.

iii. The Contractor shall be bound to give all notices required by statute, regulations or by

laws, as aforesaid and to pay all fees and bills payable in respect thereof. The Contractor will

arrange necessary clearances and Approvals before the Work is taken up.

Ignorance of Rules, Regulations and gylaws shall not constitute a basis for any

claim at any stage of work

7.7 Neoligence:

If the contractor shall neglect to execute the work with due diltgence and expedilon

or shall refuse or neglect to comply with any reasonable orders given to him in writing by

the Enqineer/NBPDCL in connection with the work, or shall contravene the provisions of the

contract, the NBPDCL may give notice in writing to the contractor calling upon him to make

good the failure, neglect or contravention complained of should the contractor fail tocomply with such notice within a period considered reasonable by the NBPDCL from the

date of service thereol in the case of a failure, neglect or contravenrion, incapabte of berng

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be reasonable necessary for making it good then and jn such case the NBPDCL,halt have

the option and be at liberty to take the work wholly or in part, out of the Contractor s hand

and may carry on the woak envisaged in the contract either by himself or by his agents or

may re-contract at reasonable prace with any other person or persons to execute the same or

any pan thereof and provide other materials, tools, tackle or labour for the purpose of

completing the works or any part thereof. In such event, the NBPDCL shall without being

responsible to the Contractor for fair wear and tear of the same, be entitled to seize and take

possession and have free use of all materials, tools, tackles or other things which may be

available at the site, for use at any time in connection with the work to the exclusion of any

right of the Contractor over the same and the NBPDCL shall be ent tled to retain and apply

and balance sum which may otheMise be than due on contract to Contractor or such part

thereof as may be necessary, to the payment of the cost of execution of sirch work as

aforesaid.

If the cost of executing the work as aforesaid shal exceed ihe balance due to the

contractor and the Contractor fails to make good the deficit, the said materials, tools, tackles

construction plant/equipment or other things, the property of the Contractor as may not

have been used up in the completion of the works, may be sold by the NBPDCL and the

sales proceeds of such sale shall be paid by the contractor on the certificate of the Engineer,

but when all expenses, costs and charges incurred in the completion of the work are pald by

the contractor all such materials, tools, tackles, construction plant or other things not used

up in the completion of the work and remaining unsold shall be removed by the Contractor

7.7 Replacement of defective parts and materials:

a) If during the performance of the contract, the Engineer ln Charge/NBPDCL shall decide

and inform in writing to the Contractor that the Contractor has manufactured any

material any equipment or part of the equipment/material unsound and imperfect or has

furnished any equipment inferior to the quality specified, the contractor on receivtng

details of such defects or deficiencies shall at his own expense, within 7 (Seven) days of

his receiving the notice, or otherwise, within such tirne as may be reasonably necessary

for making it good, proceed to alter, reconstruct or remove such works and furnish fresh

equipmenvmaterials up to the standards of the specifications. In case, the contractor

fails to do 50, the Engineer in Charge/NBpDCL may on giving the contractor seven (7)

days notice in writillc of his intentions to do so, proceed to remove the ponion of the

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works so complained of and at the cost of the contractor, perlorm all 5uch work or

furnish all such equipmenvmaterial provided that nothing in this clause shall be deemed

to deprive the Owner/NBPDCL of or affect any rlght under the contract which the o\rner

may otherwise have in respect of defects and deficiencies. The amount so incorred by the

Owner/NBPDCL on above whatsoever, will be deducted from the contractor s

subsequent bill/ performance 5ecurity, as applicable.

b) The contractor's tull and extreme liability under this clause shall be satisfied by the

payment to the owner of the extra cost, of such replacement procured including erection

as provided for in the contract, such extra cost being the ascertained difference between

the price paid by the Owner for such repla.ements and the Contract price by portion for

su.h defective equipment/ materialslrork and repayment of any sum paid by the Owner

to the Contractor in respect of such defective equipment/material. Should the owner not

so replace the defective equipments/materials, the Contractor's extreme liability under

this clause shall be limited to repayment of all sums paid by the owner under the

contract for such defective equipmenvmaterials.

7.4 R€oorts and PhotoorEoh3:

During the various stages of work progress, the contractor shall at its own cost

submit computer generated periodic progress repons (Weekly/Fortnightly/Monthly)/tvIS

reports as may be reasonably requlred by the Engineer-in-Charge with such materials as

charts, netwo*s, photographs containing dates, test certificates etc_ Such reports 5ha be in

format and size as may be required by Engineer-in-Charge/NBPDCL and shall be submitted

in at least three copies, or as required. Report for assets capitalization shall also be

submitted in appropriate format to be decided in consent with the Engineer-in

Charge/NBPDCt.

8. Payment Term

Payment to the contractor for the performance of the contract will be made by ihe

Senior Manager tinance and Accounts, NBPDCL Patna as per the conditaons specified here

under. The final payment shall be made on completion of all the works and tulfillment by

the contractor of all his liabilities and responsibilities under the contractor. The bidder is

required to submit measurement sheet and bills for the work done as per the actual work

Paee11or322r.9&sueetvt2*s

done following new procedure order. proper item wise accounting of material supply,

erection and asset created has to be maintained by the contractor which will e verified by

Engineer in charge from time to time

Payment Terms applicable to Contracts under Special plan (BRGF) Scheme:

A Payment O, Th€ Work:

A.l Advan<€ Pavmant:

Interest bearing mobilization advance @ 150,6 of the contract value of ex works componentof supply portion shall be paid after contract agreement is siqned aqainst submission of an

irrevocable Bank Guarantee of 110% of the value of mobitization advance issued by anyNationalized Bank or Scheduled Bank to the satisfaction of NBPDCL. The Bank Guaranteeshall be valid upto scheduled completion period which wi be extended ti recovery ofentire advance amount.

Note: Interest rate for Mobilization advance shall be chargeable as per Bank rate prevailing on 1,,

day of month in which advance is paid_

The advance shall be deducted on pro,rata basis from the running bills of the contractor.

At a later stage, if the contractor deposits revised i(evocable B.G. co(esponding to

balance mobilization advance, the same shall be accepted and the original/previous B.G.

shall be released.

The mobilization advance will be paid to the Contractor in two installments of 7.5./o each.

.The first installment of 7.5% shall be relea5ed on preseotation of the following documents:

1) Contractor's Request Letter for Mobilization Advance along with the invoice

2) Execution of the agreement by the Contractor

3) Submission of Irrevocable Bank Guarantee as above

3) Detailed PERT Nehrork/Bar chart and its approval by the Employer

The second installment of 7.5 % shall be released on presentation of contractor invorce

and satisfactory utilization certificate of first advance installment.

This payment is an optional payment.

A.2- ProgrersivePaymentr

An interim payment of 75 o/o

portion shall be made og the

(Seventy five percent)

basis of actual supply

&.K/

" of the price components of supply

made as per the bill (separate bill lor

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Part-A and Part-B work) duly verified and admitted by the Engineer-in_Charge and

countersigned by the concerned Electrical Superintending Engineer or officer authorized

by NBPDCL after deduction/adjustment of the Mobilization advance on pro,rata basrs

and also on submission of documents indicated herein under subject to the conditions laid

down in under noted sub-para,(i) to (iv):-

(a) Certification of receipt of material at site by the Engineer of the Owner.(b) Contractor's detailed anvoice & packing list identifying contents of each shipmenr.(c) Insurancepolicy/certificate(d) Manufacturer's/Contractor'sguaranteecertificateoleuality.(e) Material lnspection Clearance Cenificate (MICC) for dispatch issued by the Employer,s

representative and the Contracto/s factory inspection report.(0 Test certificate

A.3 The payment as for above schedule shall be made tilt 50% payment mitestone for suppty is

achieved. Thereafter payment against supply ponion for a particular Unit becomes eligibte

upon completion of 40% erection work in that unit at which A ,,Unit,, is defjned as

combination of certain !upply and erection schedules.

In case, the Contractor opts not to take interest free advance then this payment shall

be 90% instead of 75%.

a) The "useful section" means that portion of the "Unit,, which enhances the reliability ofpower supply the capacity of distribution system.

b) for this project following "Units,, have been constituted.

Unit 1: Supply & erection work related to New 33/11 kV Substations

Unit 2: Supply & erection work related to Augmentation and additional power

Transformer 5 MVA & 10 MVA of existing 33/11 kV Substatjons

Unit 3: Supply & erecuon work related to New 33 kV Lines

Unit 4: Supply & erection work related to R&M of existing 33 kV Lines/feeders, 11 KV

Lines/feeders and LT lines (AB Cables).

Unit 5:Supply & Erection work related to New 11 KV line with or without new DSS. (Except

the work cover in t Below)

Unit 6: Supply & Erection work related to New LT lines (A8 Cabte) with or wrthout new

DSS.(Except the work cover in F Below)

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(b)

Unit 8: Supply & Erection work related to work related to miscellaneous items of materials

and works not covered under unit 1 to 7. (Ercept the work cover in F Eelow)

Unit 1 consists of erection of certain number of new 33/11 kV Power Substations. For

example, if four (4) nos. of new 33/11kV power substations are identafaed for erection in

any tender; then the contractor on completion of 2 nos. of new 33/11 kv Power Sub_

stations (i.e. 50% of 4 nos. of power sLrbstation) in all respect shall be eligible for payment

towards supply of material beyond 50% for unit 1. However, the progressive payment

towards supply portion items, beyond 507", shall be released to the Contractor after

converting such power substations into "Useful completion of work of as5ociated 33 kV

incoming lines and 11 kV outgoing feeder.

Unit 2 consists of R&M and augmentataon work of certain numbers of existing Power

Substations. For example, completion of augmentation of 10 Nos of Power Transformers

and installation of 10 Nos additional Power Transformer (400/6 of 10 Nos of augmentation

and 10 Nos of additional Power Transformers i.e. 4 Nos each) in all respect shall make

contractor eligible for the payment towards supply of material beyond 50% of unit 2.

Unit 3 consists of new 33 kV feeders. Each 33 kV example, if 10 new 33 kV lines are

decided to be erected, the contractor, on work completion of 4 feeders (400,6 of 10 feeders)

in totality shall be eligible for payment towards supply of material beyond 5070 for unit 3.

Unit 4 consists of RSaM of existing 33 kV feeders/lines, 11 KV feeders/lines and LT Lines

Each existing 33 kV, 11 (V feeder and LT line lrom Particular DSS is a "Useful Se(tion . For

example, if fifteen nos of 33 KV feeders, Fifteen Nos of 11 KV feeders and 100 Nos of LT

Lanes are identifled for Renovation & Modernization, the contractor, on work completion

of 6 Nos of 33 KV feeders, feeders (40% of 15 feeders), 6 Nos 11 KV feeders 140'k ol 15

feeders) and 40 Nos ot LT Lines (40% of 100 LT Lines) in totality shall be eligible for

payment towards supply of material beyond 5070 lor unit 4.

Unit 5 consists of 11 KV Lines/feeders with or without new DSs. For example, Unit 5 (onslsl

of identified 15 Nos. of new 11 KV lines/ feede6 wath or without new DSS, the contractor,

on work completion of 6 Nos. (40 % of 15 Nos. of feeders/lines) of 11 KV lines/leeders in

totality shall be eligible tor payment towards supply of material beyond 50olo for unit 5.

Unit 6 consists of new LT lines with or without new DSs. For example, Unit 6 consist of

identified 15 Nos of New LT lines from existing DSS or new DSS , the contractor, on work

completion of 6 Nos (40 % of 15 Nos of lines) of new LT lines with old or new DSS in

totality shall be eligible lor payment towards supply of material beyond 50% for unit 6

(d)

(e)

,Page t4 o(32 多′/

ル

Supplソ′229

(a)

(C)

Unit 7 consists of capacity augmentation and R&M of existing DSS. Complete R&M work

of the distribution sub Station and/or augmentation of existing DT capacity, wherever

required is a useful section, majority of these wok go simultaneously as per actual quantity

decided afterjoint survey. For example, for identified 60 Nos of DSS, for R&M works the

contractor on work (ompletion of 24 Nos. (40 % of 60 Nos of DSS) along with capacity

aiJgmentation as required as per scope of work in totality shall be eligible for paymenl

towards supply of material beyond 50% for unit 7.

Unit 8 consists of supply and Erection wo* related to miscellaneous items of materials and

works not covered under unit 1 to 7.

Erection means installation of all the components mentioned in'unit'

The Progressive payment to be given up to 50% of the supply of materials and, beyond

50%,40% erection work is to be completed as defined unit wise as above.

The payment shall be restricted up to 80% of interim payment.

Further, payment for remaining 20% of supply portion for a parti(ular unit shall be

released on completion of 75016 of total erection of that particular unit. The concept of 75%

erection shall conform to as considered for40% erection as explained above.

Erection Pri(e Component (including civil works):

Advance Payment (Optional) ***t

Interest beadng mobilization advance @ 10 % of contract value for erection items

(including civil items) shall be paid after contract agreement against Eank Guarantee of

110% of the value of mobilization advance issued by any Nationalized Eank or Scheduled

Bank. The validity of Bank Guarantee will be scheduled completion period which will be

extended till recovery of entire advance amount.

lnterest rate ror Mobilization advan(e shall be chargeable a5 per Bank rate prevaiting on 15'

day of month in which advance is paid.

The advance shall be deducted on pro,rata basis from the running bills of the

contractor. At later stage, if the contractor deposits revised 8.G. corresponding to balance

mobilization advance, the same shall be accepted and the original/prevrous B.G. shall be

released.

The mobilization advance shall be released in two installment. The first installment of 5 %

of total erection price shall be paid on presentation of the following further document5:

(9)

A.4.

(D

(a) Subm、●On of detailed invoに e for advance payment

,の″Page l5 ol32 2 Supply/229

(b) Establishment of Contractor's site offices, and certification by Engineer-in charge

that satisfactory mobilization for erection exasts.

The second installment of 5 7o shall be released on presentation of contractors invoice and

satisfactory utilization certificate of first advance installment.

This payment is an optional payment.

(i0 80% (eighty percent) .,'of the erection price component wilt be paid on progressive basis

depending on the actual work done as against each completed erection activity and as per

the bill duly verified and admitted by the Engineer-in Charge and countersigned by the

concerned Electrical Superintending Engineer of electric Supply Circle and after deduction

/ adjustment of the Mobilization advance and interest on pro,rata basis. The assets

register is mandatorily to be submitted along with the bill for capitatization of assets

*'* In case, the contractor opts not to take advance then this payment shall be 90% instead of 8070.

In case the Contractor opts to take advance, after adjustment of advance the interim

payment limit will increase to 90% instead of 80% of erection price component.

(iii) The balance 10 % (ten percent) of the erection pri(e component shalt be paid after 5uccessfut

completion of testing & commissioning of the lines, substations, taking over works as per

scope of the tender and issuance of taking over certificate by Engineer-in-Charge and

acceptance of closure proposal.

The above retention amount may be released on request of contractor aqainst submission

of Bank guarantee of equivalent amount which will be valid upto hvo months beyond

completion and taking over of the project and will be exteaded upto two months beyond

acceptance of closure proposal of of the project.

Note: Commissioning, for the purpose of payments shall mean satisfaatory completion of all

supplies, erection, commissioning checks and successful completron of atl site tests and

continuous energisation of the equipmenvmaterials at rated voltage as per the Contract

and to the satisfaction/approval of the Employer.

Note:Payment towards Taxes and Duties

Taxes and duties, applicable as per Indian Tax laws, in respect of direct transactron

between NBPDCL and the contractor and to be reimbursed by NBPDCL as per the contract,

will be reimbursed on receipt of materials and equipments in good condition against

documentaTy evidence. !ntry taxl octroi is to be ｙ

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^ Su99lyl229

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Paqe 16 ot 32 /'

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Payment towards taxes & duties shall be released by NBPDCT d rectly to the

Contractor against invoices along with documentary evidence, to be submitted by the

Contractor as specifled in the Contract. The details are mentioned at Clause 10 oi GCC,

Volume-1, SectionlV.

A.5. Incentive/Stage penalty against earlv/delaved <ompletion of the proiect:

If the contractor achieves completion of the whole of works and takeover of the project,

prior to the project completion schedule or any extension given to them, the ernployer shal

pay to the contractor an extla amount @ 0.57" per week subiect to max rnLrm 4% of the

contract amount. The payment will be done after the release of project competion

certificate by employer against the invoice raised for incent ve against early completion of

project and acceptance of closure report of the project by Emp oyer.

Milestones for submission of bills of supply, erection and civil works

5. No Period after award of work(Date of LOA)

Bill subm ssion Schedule

1 9 Иヽonths 15% of the awarded work value

2 15ヽИontlls 40olo of the awarded work value

3 21 Иヽonths % of the awarded work value

4 24 Months 100 o/o of the a!,varded work value

For delay/ failure in submission of bills both for tupply & erection as per

above mentioned milestones, stage penalty shall be levied & recovered from the bills @0.5

% per week from value of the non-submitted bills of supply & erectlon/ clvi work which is

scheduled to be submitted as per milestone sub.ject to conditlon that limit of all pena ties for

delay shall not be exceed the limit of liquidated damage for delay i.e. maximum of

10% of contract value-

The deducted amount towards stage penalty for a particular rnilestone shall be released

immediately if that bill of un executed items of supply or erection / civil works is sLrbmitted

subsequently matching with the next milestone of project as specified in above table.

VH1 6 Mode of Pavment

Vllll -6.1 Payments shall be made

Contractols invoice complete in all respects

promptly by the EmpLoyer after receipt of

and supported by the requisite documents and

G-0p

Page 17 of 32

1 ,,/(,/ v supply/229

82

fulfillment of stipulated conditions, if any. All the payments made during the contract shallbe on account payment only.

VIII-.6.2 In case the Contract is awarded on a joint venture. the Advance gank

Guarantees as well as Contract Performance Guarantees referred above shall be in the nameof the Joint Venture covering all the partne6 of the Joint Venture and not in the name of theLead Partner or any partner (s) of the Joint Venture alone.

Insurance of suoolied material and ere<tio[ thereofr

ln addition to conditions specified in the tender specification in various other clauses

following shall also apply:

All the equipments and materials being supplied by the Contractor 5ha be kept comptetety

insured by the Contractor at his cost from the time of dispatch from the Contractor s/Sub

vendor'! works, up to the completion of erection and final cheaking, testing and

commissioning, at site and taking over of the project by NBPDCL. The Contracior has to

submit proof of insurance of all equipment and materials along w th the bills. The insurance

value cannot be less than that of payment already made / proposed to be made to the

Contractor.

Funher, all the equipments and materials being supplied by the NBpDCL (herein after to be

referred as NBPDCL supplied items) for the pe.formance of the works shall be kepl rnsured

by the Contractor against any loss, damage, theft, pilferage, fire etc for the comptere penod

of storage, erection and aommissioning up to the time of taking over of the works by

NBPDCL. The insurance cost caused by the NBPDCL supptied items, if any, sha be borne by

the Contractor.

It will be the responsibility of the Contractor to todge, pursue and settle all claims with the

Insurance Company in case of any damage, loss, theft, pilferage or fire. The aontraator shall

replace the losvdamaged materials promptly irrespective of the settlement of ctaim by the

underwriters and ensure that the work progress is as per agreed schedule. The losses, if any

in such replacement will have to be borne by the Contractor.

Reconciliation of accounts:

The contractor shall prepare and submit every three months statement covering payments

claimed and the payments received vis,i-vis the works executed, for reconciliatron of

accounts with the employer.:fhe contractor shall also prepare end submit a deta led account

2r'Paqe l! ot 32 Y'

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.9@h-

Stpply/229

8.4

of employer issued materials received and utilized by him for reconciliation purpose in a

format to be discussed and finalized with the employer before the award of (ontract.

10.0 Taxes and Duties: All terms related to Taxes and Duties shall be applicable as per terms of

RFP/NN.

11.0 Liquidated damagE for delay in completion of proiects:-

For delay/ failure in submission of bills both for supply & erection as per above mentioned

milestones, stage penalty shall be levied & recovered from the bills @0.5 o/o per week from

value of the non-submitted bi s of supply & erection/ civil work which is scheduted to be

submitted as per milestone subject to condition that limit of a penalties for detay shall nor

be exceed the limit of ljquidated damage for delay i.e. maximum of Loyo of contract value.

The deducted amount towards stage penalty for a panicuar milestone sha be reteased

immediately if that bill of un-executed items of supply or erection / civil works is submitted

subsequently matching with the next milestone of project a5 specified in above tabte.

12. Takino Oven

12.1 Upon successful Trial - Operation of the Facalities or any part thereof, pursuant to cCC Sub,

Clause 20.1.4, the Project Manager shall issue to the Contractor a Taking Over Ce.tificate as a

proof of the acceptance of the Facilities or any part thereof. Such certificate shall not re|eve

the Contractor of any of his obligations which otheMise survive, by the terms and

conditions of Contract alter issr,e of such certificate.

72.2 lf within forty (40) days after receipt of the Contractor.s notice, the project Manager fa ls to

issue the Taking Over Certificate or fails to inform the Contractor in writing of thejust flable

reasons why the Project Manager has not issued the Taking Over Cenificate, the Facilities or

the relevant part thereof shall be deemed to have been Taken Over as at the date of the

Contractor's said notice.

12.3 upon Taking Over of the Facilities or any part thereoi the Employer shall be responsible for

the care and custody of the Facilities or the relevant part thereol together with the risk of

loss or damage thereto, and shall thereafter take over the Facilities or the relevant part

thereof.

However, Components of completion of the Facilities and Operational Acceptance i e

Physical Completion, Pre Commissioning, Commissioning, Trial Operaion, Operationat

acceptance, Practical acceptance etc shall be considered as per terms of RFp/NIT.

Pa9e 19 0子 32 ,ク ′ ″メ

'L´ ″

Soppty/229

13 IEqrance

13.1 In$ran<G R€quirGrnents Eefore commencing execution of Works, unless stated otherwise

in the Special Conditions of Contract, it shall be obligatory for the Contractor to obtain at hrs

own cost stipulated insurance cover under the following requirementsl

a- Contractor's All Risk and Third party Cover.

b. Liabilaty under the Workmen's compensataon Act, 1923, Minimum Wages Act, 1948

and Contract Labour (Regulation and Abotition) Act, l97o.and other appticable

Statutes

c. Accidents to staff, Engineers, Supervisors and others who are not governed by

Workmen's Compensation Act.

d. Damage to Material, machinery and Works due to transit, tire, theft etc.

e. Any other risk may be specified in the Special Conditions of Contract.

f. Any other insurance asked for by the Employer during exe(ution of the Contract.

13.2 Policv ln Joint Names Of Contr.ctor And Employer: The policies referred to under Sub

clause 13.1 above shall be obtained in the joint names of the Contractor and the Employer

and shall inter-alia provide coverage against the following, arising out of or in connectton

with execution of Works, their maintenance and performance of the Contract.

Loss of life or injury involving public, employee of the Contractor, or that of Employer

and Engineer, labour etc.

Injury, loss or damages to the Works or property belonging to public, Government

bodies, local authorities, utility organizations, Contractors, Employer or others.

Cunenqr ot Poli.y: The policies shall remain in force through out the period of execution

of the Works and till the expiry of the Defects Liability Period. If the Contractor faits to

effect or keep in force or provide adequate cover in the Insurance policies mentioned in

Sub-clause 13.1, or any other insurance he miqht be required to effect uoder the Contract,

then, the Employer may effect and keep in force any 5uch insurance or further insurance

and the cost and expenses incurred by him in this regard shall be deductible from

payments due to the Contfactor or from the Contractor's Performance Security.

b

13.3

メPaqe 20 ol32

A."k &- Suppty/229

14 General terms and conditions:

Terms and conditions on issues not covered in this Letter of Award thall be quided

by Terms of RFP No: 229IPR/NBPDCV2014, Bid Proposal , Technical Specification etc. of 8id

documents further Pre-bid clarifications, amendment and addendum issued and the all these

cumulatively will form the pan of this LOA. ln case, any error is obseNed in the LOA on a

future date the same shall be rectifled as per terms of RFP/NIT. General Conditions &

General technical requirements, Eid proposal, Technical specifications etc. and prevalent

norms and conditions of contract in NBPDCL/SBPDCL/8SPHCL.

AglggE€n]!:- The agency, after receipt of LOA, shall execute the agreement within 30 days

of award of the contract after duly furnishing the 10olo bank guarantee. If there is delay

beyond the specified period in submission of contract performance 8G, 15 days ootice will

be given to the agency and alter which NSPDCL may entail cancellation of letter of award

after giving another 15 days final notice and forfeiting of Earnest Money/Bid glarantee as

also detailed under Earnest Money clause.

Pavinq Authoritv:-

Senior Manager F&A, NBPDCL will be the paying authority.

Desion Reouirement-

A. All equipment and materials shall be designed and manufactured in conform ty will

Standards stated hereinafter. All provisions of lndian eledricity Rules concerned, I S S., REC,

IEC specifications NBPDCL's standard practices have to be complied with.

B. WIND LOAD:

Structure and outdoor equipment shall be designed to withstand a w nd load as set forth ln

the latest revision of I5: 875.

C. EARTHOUAKE:

The equipment shall be designed to resi5t lateral inertial forces developed rn each

corresponding mass centre due to seismic ground motion. The structural parts and thetr

anchorages shall be designed to withstand earthquake range of the Zone.

15

17

fPage 2l ol32

t ,.'(..

″Supply/229

16.

18

D. SAFETY FEAJURES:

The Contractor shall provide adequate guards for the equipment to prevent all sorts of

hazard and to safeguard personnel and property. All Safety devices shall be in accordance

with the applicability of the Government regulations and statutory requirements in force

E. MEASURTMENT SYSTEM:

All instrument/recorders etc. will be calibrated in the metric (C.G.S./MKS) system of units- In

drawings or specifications wherever both Metric and British units are indicated; the

contractor shall indicate the equipment dimensions in both the units. Location markinq of

the equipments shall be in C.G.S. (Metric) units.

F. ACCESSIBILITY]

Special attention Shall be given to the design, arrangement and assembly of all equipment

to ensure ease of maintenance and renewal of parts.

G. STANDARD EOUIPMENT & MATERIALS AND ALTERNATES:

i). Equipment, matedal and erection superyision and other services shall be complete in all

respects and in strict accordance with the specification, except that alternative

proposals may be submitted where stipulated provisions depart from the Contractor s

standards, provided that the substitutions are approved as equivalent by the NBPDCL

and the reasons therefore are stated by the Contractor in his proposal together with

the amount of money to be added or deducted in the proposal as a result of such

!ubstitutions.

ii). Any request for substitution after the contract is awarded shall be accompanied wrth

the difference in price and such substitution does not cause any addltion to the

contract pdce.

iiD. All work shall comply in all respect5 with the requirements of the latest edition of the

relevant Indian Standards, International Electro Technical Commi5sion (lEc) standards,

REC specifications or any other equivalent better Standards and NBPDCL's Standard

practices.

iv). Where contlicts occur between any of the Laws, rules, regulations standards, and so-

forth. specified herein, the more stringent requirements shall govern the work.

8ecleldcIlifilelie!:-Town wise, area wise, village and habitation wise 33 & 1l.KV network route identification

will be carried out by the contractor in consultation with field officers. A detailed route

diagram \/ill be prepared by the contractor indicating the existing infrastructure, proposed

S'([〕‐4:二´́́́́:upply/229

Pase22ot32 2

27,7 tBpection: The materials are to be inspected in following manner.Lrvel-l ln3pe<tio.r

The fo'owing eguipments/ materiars sha, be inspected by NBpDct or itsAuthority at manufacturer/ supplier premises before its dispatch. A prior notjcefrom the inspection date (r) shall be required from the contractor

a) Energy meter & CMRI

b) Transformer, CT, pT

c) Insutator (HV type)

d) UG & AB Cabtes (HT&tT)

e) Conductor

D VcB

9) AB Switch/1sOlato「

Authonzed

of 15 days

Levcl-Il inspc<tion

The following equipments/ materials shall

Authority at manufacturer/ suppljer premises

from the inspection date (s) shall be required

a) Poles

b) HG/ DO Fuse

c) Distribution 8ox

d) Lightning Arrester

e) Controt & Relay panel

D Eattery & Charger

9) Battery Set

be inspected by NBPDCL or its

before its dispatch. A prior notice

from the contractor

Authonzed

of 15 days

Level-[l in5pection

The following equipments/ materials shall be supplied to site wrthout pre-drspatchinspection by NBPDCL or its Authorized Authority. The equipment/ materials sha| besupplied as per technical specification and standard drawing/ approved drawinq. Suchwaiver of inspection shall ln no way absolve the responsibilty of contractor to provideequipment / material a5 per the requirement of contract. The dispatch document shaltinclude test reports and other documents

report (in o.ginals) prep"r"d by bo,h (r"pr:r:t;:T:ilH:::: #,,""o,jr"::,:::Page 24 al 32

多/レ

Supply/229

infrastructure under BRGf. As detailed above, town wrse, area wise viltage wjse &habitation wase diagram indicating HTILT network, distribution transformer, too wr be

prepared by the contractor. The drawings/ reports, will be 9ot approved by the Etectricat

Executive Engineer of the concerned Division or the officer so authonzed by NBPDCL forthis purpo5e, prior to execution of the work within the scope of LOA. Any deviatron,

beyond the prescribed scope of work will be 9ot approved by the Chief Engineer, project-1.

In course of execution any deviation within the saope, will be done in consent wlth the

Electrical Superintending Engineer of the concerned circle or authorized officer of NBpDCL

for which revised drawing will be got approved.

19. qualification Criteria for selectior of Sub Contractor/vendo.: If the Contractor proposes

for approval of new Sub Contractor/ryendor during execution of work or supply of

equipments, the all documents should be submitted as per terms of RFp/NI along with

satisfactory past performance certificate issued by Central/State utility during last 5lFive)

Years as per the date of such proposals.

The employer reserves the right to reject any proposed 5ub contractors/vendor, in

case the proposed sub contractors/vendor are not meeting the qualification criteria.

consignee:-

Consignee of the materials under the LOA will be the Electricat Superintending

Engineer of Concerned Electrical supply circle of NBpDCL

lnrpection and testing at Gontractor's premiie!: pre-dispatch inspection 5hall be

performed on various materials at manufacturer's work place for which contractor shall be

required to raise requisition giving at least 7-day time. Depending on requirement,

inspection shall be witnessed by representatives of Employer..

The turnkey contractor shall ensure that pre-dispat(h inspection for materials are

intimated only when the material is completely ready for inspection. On due date of

inspection, if it is found that materials are not ready in required quantrties, all expenditures

incurred on deployment of various inspecting offi.ials along with a fine of Rs 50,OOO/-

shall be recovered from the bills of the agency. 2nd such situation at same

manufacturer/supplier shall result in rejection of name of manufacturer from list of

approved vendors/sub-vendors.

20

21

Page 23 of 32 多 srpply/229

quality & control engineer of imPlementing agency) are to be submitted' Also the

inspected materials may be subjected to inspected by utility field officers at site.

a) Earthing Materials

b) GI Items

c) MS Fabrication items

d) Danger & Sign Board

e) Nuts & Bolts

0 PV Spacers

9) Performed jointing sleeves

h) ABC Accessories

i) cuy & Schakle insulator

j) Al. Binding wire/ Barbed wire

k) Performed insulator binding

l) Lamp Holder and switch (SA) light Fitting

m) PVC Pipes (all sizes)

NBPDCL re5erve3 the right to.ddl delete any item listed above in level-I,

Level-tr and Level-lll

21.2 During the aourse of manufacturing the Employer or his authorized representat ve shal have

access to supplier / sub-supplier's works at all reasonable times for the purpose of wilnessing

the manufacturing, inspection and tesiing of all components'sub assembly and assemb y

21.3

21.4

Eefore issuing the inspection call the supplier shall ensure that all the mater als for the lot ro

be inspected is ready in all respects. lf at the time of visit of inspector the supplier fails to offer

the material as per lot of the supply order or some of the tests are not cond!cted or any items

/ equapment is found defective and would need reoffering at a later date thereby requrnng

additional visit of the inspector, the expenditure incurred by NBPDCL towards the visit of the

inspector shall be charged to the supplier as per NBPDCL rules and same shall be recovered

from his bills.

All the materials furnished shall be of tested quality and subject to rigid inspection and testing

as specified in the Technical Specification and international standard. No material shall be

dispatched untl a‖ tests, analysis and ｄｅ“ｅＣｄｎａｄｅｅｐ

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copies of results of tests, analysis have been accepted and dispatch instruction issued Oy ihe

Chief Engineer (Project-l).

The NBPDCL reserves the right to outsource the pre-dispatch inspection of materials wholly or

partly and also for waive of anspection, if so needed.

Quality assurance shall be undertaken in the following areas of the project implementation as

per IECnSS/REC norms:-

a) Quality of material/equipment being supplied

b) Quality of works in the field.

22 Test and Inspection:

22-l The Contractor shall at its own expense carry out at the place of manufacture and/or

on the Site all such tests and/or inspections of the Plant and Equipment and any part of

the Facilitaes as are specified in the Contract.

22.2 The Employer and the Pro.ject l,,ranager or their designated representatives shall be entitled

to attend the aforesaid test and/or anspection, provided that the Employer shall bear all

costs and expenses incurred in connection wilh such attendance including, but not limlted

to, alltraveling and board and lodging expenses.

22.3 Whenever the Contractor is ready to carry out any such test and/or inspection, the

Contractor shall give four weeks advance notice of such test and/or inspection and of the

place and time thereof to the Project Manager. The Contractor shall obtain from any

relevant third party or manufactirrer any necessary permissron or consent to enable the

Employer and the Project Manager (or their designated representatives) to attend the test

and/or inspection.

22.4 The Contractor shall provide the Project Manager with a certified report of lhe results of

any such test and/or inspection.

If the Employer or Project Manager (or their designated representatives) fails to

attend the test andlor inspection, or if it is agreed between the parties that such persons

shall not do so, then the Contractor may pro(eed with the test and/or inspection in the

absence of such persons, and may provide the Project Manager with a certified report of

the results thereof.

22.5 The Project lvlanager may require the Contractor to carry out any test and/or rnspection

not reqrrired by the Contract, provided that the Contractor's reasonable .osts and

晦‖輌r"山リッ…商

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215

216

Contract Price. Further, if such test and/or inspection impedes the progress of work on the

Facilities and/or the Contractor,s perlormance of it5 other obtigations under the Contract,

due allowance will be made in respect ot the Time for Completion and the other

obligations so affected.

22.6 If any Plant and Equipment or any part of the Facilities fails to pas5 any test and/or

inspection, the Contractor shall either rectify or replace such plant and Equipment or part

of the Facilities and shall repeat the test and/or ihspection upon giving a notice under GCC

5ub-Clause 19.3.

22.7 If any dispute or difference ot opinion shall arire between the parties in connectron with or

arising out of the test andlor inspection of the plant and Equipment or part ot the Facilities

that cannot be settled between the partaes within a reasonable penod of time lt may

be referred to an A.bitrator lor determination in accordance with GCC Sub-Ctause 39.

22.a The Contractor shall afford the Employer and the project Manager, at the Employer,s

expense, access at any reasonable time to any place where the plant and Equipment are

being manufactured or the Facilities are being installed, jn order to inspect the progress

and the manner of manufacture or installation, provided that the project [4anager shalt

give the Contractor a reasonable prior notice_

22.9 The Contractor agrees that neither the execution of a test and/or inspe.tion of plant and

Equipment or any part of the Facilities, nor the aftendance by the Emptoyer or the pro.ject

Manager, nor the issue oI any test certificate pursuant to GCC Sub-Ctause 19.4. shall

release the Contractor from any other responsibilities under the Contract.

22,70 No part of the Facilitaes or foundations shall be covered up on the Srte wrthout the

contractor carrying out any test and/or inspection required under the contract. The

Contractor shall give a reasonable notice to the project Manager \rhenever any such part

of the Facilities or foundations are ready or about to be ready for test andlor inspection;

su(h test andlor inspection and notice thereof shall be sub.ject to the requirements of lheContract.

22.11 The Contractor shall uncover any part of the Facilities or foundations, or sha make

opehings in or through the same as the project Manager may from time to trme requrre at

the Site, and shall reinstate and make good such part or parts.

If any parts of the Facilities or foundations have been covered up at the Site

after compliance with the requirement of GCC Sub-Clause 19.10 and are found to be

executed in accOrdance w th the COntract′ the expenses OF uncOve「 ng.makin9 0penin9s in

Page 27 al 32 f,/ ? Stpply/229

23.

23.L

or through, reinstating, and making good the same shall be borne by the Employer, and

the Time for Completion shall be reasonably adjusted to the extent that the Contractor has

thereby been delayed or impeded in the performance of any of its obligations under the

Contract.

Equipment Performance Guarante6:

The Contractor guarantees that the Equipments, named in the SCC, shall attain the rating

and performance requirements specified in Appendix - 8 (Guarantees, LiqLtidated

Damages for Non - Performance) to the Contract Agreement, sub.lect to and upon lhe

conditions therein specifled.

23.2 If the guarantees specified in Appendix 8 (Guarantees, Liquidated Damaqes for Non

Performance) to the Contract Agreement are not establi5hed, then the Employer shall, at

the Employer's discretion either

(a) Reject the equipment, or

(b) Accept the equipment after assessing liquidated damages in accordance with

the provision in the SCC aqainst the Contractor and such amounts shall be deduated from

the Contract Price or otherwise recovered from the Contractor-

23,3 In case the Employer exercises its option to reject the equipment, the Contractor shall at its

cost and etpense make such changes, modifications and/or additions to the equipment or

any part thereof as may be necessary to meet the specified guarantees. The Contra(tor

shall notit the Employer upon completion of the necessary changes, modifications and/or

additions, and shall request the Employer to repeat the Test until the level of the specil ed

qualantee has been met.

23.4 Whenever the Employer exercises its option to accept the equipment after levy of liquidated

damages, the payment of liquidated damages under GCC Sub-Clause 242, upto the

limitation of liability specified in the SCC, shall completely satisfy the Contractor's

guarantees under GCC Sub-Clause 24.2, and the Contractor shall have no further liability

whatsoever to the Employer in respect thereof.

In respect of goods supplied by sub contractor/supplier/manufacturer to the

contractor, where a lonqer guarantee (more than 12 months) i5 provided by such sub

contractor, the owner shall be entitled to the benefit of such lonqer guarantees. However,

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' 24- Mistak€E in dr.wings:

The Contractor shall be responsible for and shall pay for any alterations of the work

due to any discrepancies, erro6 of omissions in the drawings or other particulars supplied by

him whether such drawings or particulars have been approved by the NBPDCL or not lf 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 original drawing of plant shall be taken as

correct.

Int.oduction of Manoowen

The contractor has to lurnish the details of manpower a5 per RFP clause

1. Team Leader

2. Project Engineer (Minimum one (1) for each district)

3. Quality Control Engineer-2

4. Site Superviso6 (Minimum one (1) for each district)

The tenderer have to provide all details of such persons within seven days from

the date of agreement. Any change/replacement of Manpower should not be done without

prior knowledge of employer.

Materlals and workmanship:

All materials used in the manufacture of the equipment shall be selected from the

best available for the purpose, considering strength, durability and best available engrneer n9

practice. Liberal lactors of safety shall be used throughout the design and espe(ially in the

design of all parts subject to alternating stressed or shocks.

All the works shall be performed and completed in thorough workmanship like

manner and shall follow the best modern practice in the manufacture of high grade

equipment not withstanding any omissions in the speciflcations. Casting shall be free hom

blowholes, flaws, cracks or other defects and shall be smooth, cold grained and true forms and

dimensions-

No plugged or filled-up holes or other defects w I ordinarily be allowed. Su(h

25

26

castings are liable to be rejected.

However, the contractor may

methods in accordance with the standard

rectily minor castings defects by welding or other

manufacturing practice provided such rectification

9"-olbSucglYl229

I

G'9"Page 29 of 32 ?r<

27

does not affect the strength of the casting or impair the efficient working of the planr and p;ror

approval of the NSPDCL is obtained for the same. All terms related to Defect Liabitity,

tunctional Guarantee and Equipment Performance Guarantee shall be applicable as per terms

Of RFP/NIT.

ComplelenEs of eouioment-

The equipment shall be complete in every respect with all mountings, fixtures and

standard accessories, which are normally supplied even though not specifi.ally detailed in the

specification. The Contractor shall not be eliqible for any extra payment in respect of such

mountings, fittings, fixtures and accessories which are needed for safe operation of the

equipment as required by applicable codes of the (ountry though these might not have been

included in the contract.

All similar components parts of similar equipment supplied shall be interchangeable

with one another. The various equipments to be supplied under this contract shall be subject

to the NBPDCL's approval.

Compliance with act

All equipments and materials 5upplied and all works carried out shall comply

in all respects with the requirements of the Electricity Act 2003, Indian Electriclty Rules, 1956 or

any revision thereof which may be issued during the aurrency of the order, RE spe(ifications

and with the requi.ements of any other regulations and Act in India to which the purchaser

may be subjected as well a5 NBPDCL's general speciflcations and practices.

Right ot chiet Engineen

The Chief Engineer (Project-l) reserves the right to accept or reject part or whole of any or

all of the tender without assigning any reason.

'fhe Chief Engineer (Project-l) reserves the right to cancel \rhole or part of the awarded

contract without assigning any reason of those firms whach are found defaulters of delayed

All the reports related to performance of the Bidder have to be approved by Chief €ngineer

(Project I). The Chief Engineer (Project-l) reserves the right to reject or disapprove any

performance related repJEt submitted by Bidder

29

291

292

293

身

paOe 30 or32 レ´

Stpply/229

夕/

30 Jurisdictlon of <ourt:

All disputes/claims/counter claims for andlor against the NBPDCL arising out of agreement

contraats/orders between the NBPDCL and the firms 5hall be subjeat to the ex(lusve

jurisdiction of Courts at Patna and no othe. Court or Arbitrator.

Enclosure: As above

Yours faithfully

Copy with enclosures forwarded to the Chief Engineer (Civit), NBPDCL, patna for

information and necessary action. He is requested to nominate the Engineer in Charge

(Civil) for execution of Civil works under intimation to the Electrical Superintending Engineer

of concerned Electric Supply Circle.

Enclosure:As above

⑦いJ特

Pa"∂ あ″″ψ ″ θ・

∫

出 午(B κ ChOudhary)

Chief Engineer(prOlect‐ :)

rat", aa tea, ? 7,/02/2 0 7 5

Copy with enclosures forwarded to the Financial Controfler/DcM Accounts. NBpDCL/Senror

Manager Accounts, NBPDCT / the Resident Audit Offacer, NBpDCL, patna for informanon and

necessary action- This order is being issued after approval of the BOD in its 44th meeting

held on 03 02 2015 vides ts Resolut On oo 44-0503

Enclosure:As above

Memο 7V● 3墜

励 ο

“

エ

(B K Choudhary)

Chief Engineer(PrOlect:)

θム鳴(B K Choudhary)

Chief Engineer(prOlect‐ 1)

Page 31 o132 Stpply/229

励 οに

一

Parra“"“

″ ″ θ」J

Copy with enclosures lorwarded to the DGM-cum-ESE, Tirhut Electric Supply Area

Muzaffarpur /ESE Electric Supply Circle Muzaffarpur, Electrical Executive Engineer/ tlectric

Supply Division/AEE (Project)/lEE (Project) Muzaffarpur, Vaishali, Sitamarhi and Sheohar for

information and necessary action.

Enclosure:As above

のんだ会を(B K Choudhary)

Chief fn91neer(PrOlect‐ 1)

P,tna d.t.d' 0? /02/2075ル′θ″07V●エ

Copy forwarded to U.S. to CMD, BSPHCI- Patna / OSD to MD, NBPDCL/Director (Project) lor

favour of information.

Enclosurei As above

3- ¨(B К ChOudhary)

Chief En9ineer(PrOlect‐ 1)

Page 32 of 32 Stpply/229/